New Bill Detrimental to Waqf Assets, Opens Door to Govt Interference: Asad Madani

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The government urged to engage in detailed consultation with all stakeholders, including religious leaders and Waqf management bodies

Team Clarion

NEW DELHI – Jamiat Ulama-i-Hind (JUH), one of the country’s premier Muslim organisations, has said the proposed amendments to the Waqf Act, tabled in the Lok Sabha on Thursday, have mala fide intentions.

Maulana Mahmood Asa’d Madani, JUH President, expressed strong concerns over the proposed amendments to the Waqf Act. “The amendments presented in Parliament today are detrimental to the protection of Waqf properties. These amendments would provide government bodies with unnecessary interference, undermining the original status of Waqf and violating the concept of divine ownership, he said in a statement issued here on Thursday.

Maulana Madani pointed out that the proposal to abolish Section 40 of the Waqf Act and to grant district collectors the authority to resolve issues and disputes related to Waqf property titles and possession under revenue laws, instead of Waqf Tribunals, is tantamount to nullifying the Waqf Board itself. “It is astonishing that if the government holds possession of a land, the decision of its ownership will also be made by the collector who is representative of the government. In such a situation, both the judge and the plaintiff will be the government itself,” he said.

The statement said it seems “certain communal elements who have been campaigning to abolish the Waqf Act have influenced the current government with their impure intentions.”

Maulana Madani also emphasised that such actions are in direct violation of the guidelines set by the Supreme Court and Article 26 of the Indian Constitution.

Maulana Madani condemned the proposal to eliminate the protection granted to Waqf properties under the Limitation Act of 1963, along with the termination of Waqf by User and Waqf Alal-Aulad, calling these measures malicious and an attack on the sanctity of Waqf properties.

Highlighting the historical and cultural significance of Waqf properties, Maulana Madani further stated, “Waqf properties are the ownership of Allah; they cannot be brought under the control or possession of any government or other sovereign authority. Their purposes are also predetermined, as guided by Islamic teachings. Therefore, it is imperative that the management and control of Waqf properties remain with the Waqf Boards, with continued representation from Muslim scholars, to preserve the sanctity and purpose of Waqf.”

Maulana Madani urged the government to withdraw the proposed amendments and engage in a detailed consultation with all stakeholders, including religious leaders and Waqf management bodies. He added, “Amendment is not a new thing, but here certain aspects of the proposed amendments are against the purpose of Waqf. Therefore, the autonomy of Waqf properties must be preserved, and any changes should be made with the consensus of religious communities and Muslim organisations.”

Maulana Madani also urged political parties and concerned citizens to raise their voices against these proposed amendments and demonstrate solidarity in protecting religious rights and freedoms.

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