Team Clarion
NEW DELHI – Jamiat Ulama-i-Hind said the Waqf bill introduced by the Central government in the parliament after including the amendments suggested by the Joint Parliament Committee violates all democratic values and the constitutional rights of Muslims.
A meeting of the Working Committee of Jamiat Ulama-i-Hind was held under the chairmanship of Maulana Arshad Madani, President of Jamiat Ulama-e-Hind, at the organization’s office in New Delhi on Thursday.
The committee discussed the current situation in the country, expressing concerns over rising sectarianism, extremism, the deterioration of law and order, discrimination against minorities and Muslims based on religion, and the protection of Waqf properties. It also raised issues such as the implementation of the Uniform Civil Code, the ongoing campaign against mosques and graveyards by communal forces despite the Places of Worship Act, the situation in Palestine, Israel’s continued aggression even after the ceasefire agreement, and the threat from the U.S. President to turn Palestine into hell.
The meeting addressed these and many other pressing issues, and important decisions were made.
In address, Maulana Madani remarked that the Waqf Bill, which was presented to the Speaker with 14 amendments by the Joint Parliamentary Committee, violating all democratic values and the constitutional rights of Muslims, has now been introduced by the central government in Parliament for approval. Expressing his concerns and reservations about the amended Waqf Act, Maulana Madani stated that the fears previously raised have proven to be correct. Through these amendments, the central government intends to alter the status and nature of Waqf properties, making it easier to seize them and eventually dissolve the status of Muslim Waqf.
He clarified that previously, under Section 3, the Waqf Board used to decide whether a property could be designated as Waqf or not. However, under the current amendment, this authority has been transferred to the Collector. Furthermore, the fourteen amendments presented in Parliament on Thursday include a new provision that grants the power of inquiry to a senior government officer instead of the Collector, who will decide whether the property is government-owned or Waqf land. The officer will submit a report, and until the report is received, the property will not be considered Waqf from that very day. In other words, if the report is delayed for fifty years, the property will not be recognized as Waqf.
He further stated that Waqf by user, meaning properties that have been considered Waqf based on their usage or form, and which have traditionally been recognized as Waqf by courts, is widely accepted. However, the condition for this recognition is that there should be no dispute, and there should be no claim from the government or any of its institutions over the property.
Maulana Madani noted that due to intense protests from Muslims, the Waqf by user rule was reinstated. However, with great cunning, it was also added that the government could claim ownership over disputed properties. In other words, properties that have mosques, graveyards, schools, khanqahs, or imambaras will have their status recognized, but properties that are already under possession or are involved in any dispute or legal case, such as the 123 properties in Delhi that are currently in litigation, will be excluded from the Waqf by user rule. In simpler terms, Muslims will not be able to claim these Waqf properties. He also mentioned that a similar deceptive approach was adopted in other amendments, and thus, they cannot accept this authoritarian legislation.
He stated that the recommendation for the approval of the bill, while ignoring the opinions and advice of Jamiat Ulama-i-Hind and all Muslim organizations, as well as rejecting the suggestions from opposition members, is undemocratic and a serious violation of the constitutional rights of Muslims. He questioned, “If governance is to be carried out through dictatorship and coercion, then why is democracy hailed? Why is the Constitution praised?”
Maulana Madani expressed regret over the fact that the parties in the government, who claim to be secular, have also demonstrated cowardice and opportunism. By completely ignoring the concerns of Muslims, they failed to apply any pressure on the government. He stated that if they had truly exerted pressure, the report from the Joint Parliamentary Committee would have been different. He warned the secular political parties in the current government, saying that they still have the opportunity to prevent the approval of this Act in Parliament and to oppose it openly. He reminded them that their political success is partly due to the support of Muslims. He stated that if, God forbid, this law is passed, Jamiat Ulama-i-Hind will approach the Supreme Court against it. Additionally, to protect Waqf properties, Jamiat Ulama-i-Hind, along with Muslims, other minorities, and justice-loving individuals, will use all democratic and constitutional means to fight it.
He stated that if, God forbid, this law is passed, Jamiat Ulama-i-Hind will approach the Supreme Court against it. Additionally, to protect Waqf properties, Jamiat Ulama-i-Hind, along with Muslims, other minorities, and justice-loving people, will use all democratic and constitutional means to fight against it.
Maulana Madani further stated that whatever Muslims have dedicated as Waqf, and for the purpose they have done so, it cannot be used against the will of the donor (Waqif), as the property is dedicated to Allah. He added that the government’s intentions are questionable, as it seeks to interfere in our religious matters and wants to seize the vast properties of Muslims, just as it has interfered in the past—whether it was the issue of the Uniform Civil Code (UCC), divorce, or maintenance, despite Muslim opposition. He concluded by stating that they will not accept any amendment or law that goes against the donor’s intent or alters the status of Waqf properties.
Maulana Madani also expressed his gratitude to all the members of the opposition parties who, by speaking truthfully in Parliament, have strongly opposed this bill and are strengthening India’s secular Constitution.