India Tomorrow
NEW DELHI: Jamaat-e-Islami Hind (JIH) president Syed Sadatullah Husaini has strongly opposed the amended Waqf Bill which has been referred to the Joint Parliament Committee, saying “the Bill is unacceptable to the Muslim community.”
Expressing deep concern over the Bill, he said the proposed amendments to the Waqf Act 1995 by renaming it as the ‘Unified Waqf Management Empowerment Efficiency Development’(UWMEED) Act undermined the autonomy and integrity of waqf properties.
“This is not acceptable to the Muslim community,” he said, asking the government “to withdraw the Bill.”
He hoped that the NDA allies like the JDU and TDP, would oppose and prevent the Bill from being enacted into law.
The JIH leader said that his organization would approach the Supreme Court if such a need arose because the proposed amendments in the Waqf Act were against the guaranteed constitutional provisions, established norms, and principles of natural justice.
“Instead of protecting people’s property, these changes could lead to their destruction. Hence, it is crucial to stop these amendments,” he said in a statement released to the media.
The JIH leader pointed out that the new legislation threatened the constitutionally guaranteed rights of minorities that allowed minorities to preserve their heritage and religious practices.
He warned that “the amendments introduce a ‘Collector Raj’ system, giving collectors unprecedented control over Waqf properties.”
“This not only undermines the authority of the Waqf Tribunal but also erodes the concept of ‘waqf by user,’ which recognizes long-standing religious and charitable use of properties. Extending the dispute resolution period from one year to a longer timeframe will likely lead to confusion and legal challenges,” he said.
He said it was quite disturbing that the Bill, with its overarching provisions, was drafted without consultation with key stakeholders, including experts in waqf jurisprudence.
“Had there been any real consultation with experts in Waqf jurisprudence, it would be clear that redefining Waqf is beyond the legislative domain and deeply rooted in Muslim Personal Law,” Mr Husaini said.
He strongly denied “the claims made through media propaganda that the existing Waqf Board Act usurps lands of other religious communities.”
“These false claims are fabricated and unsubstantiated. The Waqf Board operates legally under government-approved laws and is supervised by the government,” the JIH chief asserted.
The proposed amendments, according to Mr. Husaini, “draw inspiration from outdated colonial laws positioning the Collector as the ultimate authority, thereby infringing on Muslims’ rights to manage their religious endowments.”
He compared this move to stripping the National Green Tribunal (NGT) of its environmental authority or the Income Tax Appellate Tribunal (ITAT) of its tax authority.
He expressed concern that the proposed amendments have tried to do away with a fundamental aspect of Waqf jurisprudence, that is, the concept of waqf by the user, which recognizes long-standing religious and charitable use.
“This change threatens to create further disputes over Waqf properties. The amendment allows state governments to appoint all members of the Waqf Board, effectively eliminating the democratic election of at least two members from Muslim communities,” he pointed out.
The JIH leader noted that “by removing the provision for oral appointment of Mutawallis, the bill indirectly undermines the practice of oral dedication of Waqf, which has been a settled aspect of Islamic law.”
He said that the amendment also dilutes the requirement for Muslim MPs, judges, and advocates in the Central Waqf Council, paving the way for members of other religious communities, raising concerns about the government’s control over Waqf affairs.”
Reiterating that the Bill was not drafted in consultation with the Muslim community, he highlighted that “No Muslim parliamentarian was consulted regarding the Bill. No stakeholders were involved in the discussions about the Bill. The changes proposed in the Bill are harmful rather than beneficial.
However, he appreciated certain changes like the inclusion of women and representation from Shia community in the Waqf boards. “We accept it as a positive step and welcome it,” he declared.
He reminded the government that laws should be made for the welfare of the people, and those affected by the laws should be included in the consultation process.
