Muslim bodies present divergent views over Waqf bill amendments
Both organisations were deposing before a joint parliamentary committee (JPC) to examine the controversial legislation.
A body of Pasmanda or backward Muslims offered broad support to the Waqf amendment bill but demanded inclusion of their representatives and women in waqf boards and waqf council, while the All India Muslim Personal Law board, a key body of the community, called the bill as a “strange exercise”.
Both organisations were deposing before a joint parliamentary committee (JPC) to examine the controversial legislation. The AIMPLB said prior to the proposed Waqf amendment bill, 2024, “there has never been an effort to delineate the capacity of creator of a waqf, nor the method of creation of a waqf.”
In its first ever deposition to a parliamentary committee, the All India Pasmanda Muslim Mahaz had on several occasions fraught exchanges with the members, emphasising “its Indianness” and blaming a well-off section of the community for trying to undermine the voice of Pasmanda Muslims.
The Pasmanda body demanded that the provision of waqf by user—which has been deleted—should be changed. “While changing this provision, the committees (to be formed by waqf board or waqf council) should have women and Pasmanda Muslims as members. And these bodies should be allowed to function properly.”
The Pasmanda association also opposed the inclusion of non-Muslim members in the waqf board and maintained in their memorandum that only the waqf tribunal should have the legal rights.
{{/usCountry}}The Pasmanda association also opposed the inclusion of non-Muslim members in the waqf board and maintained in their memorandum that only the waqf tribunal should have the legal rights.
{{/usCountry}}The Waqf Board currently controls nearly 900,000 properties spanning 9.4 lakh acres across India, with an estimated value of ₹1.2 lakh crores. The proposed changes have come under criticism with the opposition accusing the government of interfering in personal laws.
{{/usCountry}}The Waqf Board currently controls nearly 900,000 properties spanning 9.4 lakh acres across India, with an estimated value of ₹1.2 lakh crores. The proposed changes have come under criticism with the opposition accusing the government of interfering in personal laws.
{{/usCountry}}“We are living in a secular democratic country. We don’t have any fight with the other communities. Our fight is within our community where we are denied our basic rights,” said a senior functionary of the Pasmanda association.
{{/usCountry}}“We are living in a secular democratic country. We don’t have any fight with the other communities. Our fight is within our community where we are denied our basic rights,” said a senior functionary of the Pasmanda association.
{{/usCountry}}The AIMPLB alleged that the bill has tried to distinguish between two types of Muslims, practicing and non-practicing, as it proposes only a practising Muslim for five years can donate land for waqf. “With this provision, the Parliament will be laying down do‘s and don‘ts for the Muslim community. It is clear that the Parliament or even the judiciary can‘t give ruling on essentials of religion,” the AIMPLB argued.
{{/usCountry}}The AIMPLB alleged that the bill has tried to distinguish between two types of Muslims, practicing and non-practicing, as it proposes only a practising Muslim for five years can donate land for waqf. “With this provision, the Parliament will be laying down do‘s and don‘ts for the Muslim community. It is clear that the Parliament or even the judiciary can‘t give ruling on essentials of religion,” the AIMPLB argued.
{{/usCountry}}As the bill proposes to remove the provision of waqf by user, the personal law board claimed the new provisions “take away the character of waqf‟ from all those waqfs which are not created by way of an instrument.
It also called the provision that “the Collector shall have all the powers to undertake enquiry in his administrative exercise and declare the same to be a non-Waqf property” as “arbitrary and unreasonable” and argued that “the power of Collector is so vast under these laws that it cannot be summarised herein. Under these circumstances, introducing Collector’s role with respect to waqf land will create serious prejudice against the very concept of waqf. The same authority will be empowered to exercise powers under different capacity to change the nature of waqf for a non-waqf purpose.”
Panel chairman and BJP leader Jagdambika Pal said the committee will travel to Mumbai, Chennai, Bengaluru, Hyderabad and Ahmedabad to meet stakeholders for wider consultations. He also told HT that efforts are on to give the report on the waqf amendment bill in the next session.