Constitutional Principles Must be Upheld in Implementing Waqf Act: Jamiat Chief

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All India Mutawallis’ Conference urges mutawallis to adopt transparent governance, preserve records and strengthen legal papers

NEW DELHI — Urging the Centre to uphold constitutional principles in the implementation of the Waqf (Amendment) Act, 2025, Jamiat Ulama-i-Hind (Mahmood Madani faction) on Friday asserted that the credibility of the law rests on its equal application to all citizens.

Addressing the All-India Mutawallis’ Conference, organised by Jamiat Ulama-i-Hind, the organisation’s chief, Maulana Mahmood Madani, said justice must remain the guiding principle of governance and cautioned that any departure from constitutional values would weaken public confidence in the rule of law.

“Justice is never a favour extended to any community; it is the greatest strength of the State. The law commands respect only when it is applied equally to every citizen,” he said.

Maulana Madani said the challenges facing Waqf properties are not limited to external pressures but also stem from internal weaknesses, including administrative negligence, poor governance and inadequate preservation of legal records. He urged mutawallis across the country to strengthen institutional management through proper documentation, digitisation of records, financial transparency, regular audits and timely legal action against encroachments.

“The protection of Waqf cannot be left to mutawallis alone. It is a collective responsibility of the entire Muslim community. A community that neglects this ultimately loses the protection of history itself,” he said.

He said: “If we work with sincerity, planning and perseverance, prepare capable leadership and involve the wider community in this mission, every conspiracy against Waqf can be defeated,” he added.

The conference, attended by more than 500 mutawallis, scholars, legal experts and public representatives, focused on the legal, administrative and institutional challenges confronting Waqf properties following the enactment of the Waqf (Amendment) Act, 2025.

It was presided over by Syed Shah Hafiz Mohammad Ali Al-Hussaini, Sajjada Nashin of the Dargah of Hazrat Khwaja Banda Nawaz Gesu Daraz, Gulbarga. Maulana Mohammad Hakeemuddin Qasmi, General Secretary of Jamiat Ulama-i-Hind, delivered the welcome address, while Maulana Mufti Hassan Qasmi conducted the proceedings.

Former Chief Justice of the Patna High Court Justice Iqbal Ansari said mutawallis must discharge their responsibilities with greater diligence, observing that many legal disputes concerning Waqf properties arise despite the presence of appointed custodians. While emphasising that constitutional courts are duty-bound to decide disputes within the constitutional framework, he expressed concern over the growing public perception regarding the delivery of justice.

Maulana Asghar Ali Imam Mehdi Salafi, Ameer of Markazi Jamiat Ahl-e-Hadith Hind, said the responsibility for protecting Waqf institutions must be shared by the entire community rather than resting solely with mutawallis or governments.

Malik Moatasim Khan, Naib Ameer of Jamaat-e-Islami Hind, said illegal encroachments and prolonged disputes were often aggravated by administrative lapses and the tendency in some cases to treat Waqf properties as private assets, calling for stronger institutional accountability.

In his presidential address, Syed Shah Mohammad Ali Al-Hussaini said growing public awareness about Waqf should now be translated into systematic legal preparedness, effective institutional management and timely action against encroachments. He also appealed to philanthropists to establish new Waqfs to strengthen education, healthcare and public welfare initiatives.

Lok Sabha member, Maulana Mohibullah Nadvi, commended Jamiat Ulama-i-Hind’s efforts and called for a united national movement to safeguard Waqf institutions. Imran Masood, MP, criticised the government’s approach towards Waqf, arguing that disputes over religious properties extend beyond one community and require a broader commitment to protecting the rights of all religious institutions.

Other speakers included Abdul Wahid Hussain Angara, Maulana Siddiqullah Chowdhury, Akram-ul-Jabbar Khan (IRS), Advocate Haji Mohammad Haroon, Advocate Iqbal Shaikh, Syed Mahmood Akhtar (IRS), Advocate Tahir Mohammad Hakim, Member of Parliament Abdul Wahab (Kerala) and former Member of Parliament Haris Beeran.

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