Waqf Amendment Bill is unconstitutional, undemocratic & unfair: Maulana Madani

New Delhi: The Muslim organisation on Thursday criticised the Union governmentover the Waqf Amendment Bill 2024, calling it unconstitutional, undemocratic and unfair as it goes against the freedom of religion guaranteed by the Constitution.

“Amendment bill being brought to Waqf is unconstitutional, undemocratic and unfair. The proposed amendments to the Waqf Act are also against the freedom of religion provided by the Constitution and also violates articles 14-15 and 25 of the Constitution,” said Jamiat-i-Ulama Hind, President, Maulana Arshad Madani while addressing a joint press conference of Jamiat Ulama-i-Hind and Muslim Personal Law Board at the Constitution Club in New Delhi.

He added that the amendment bill is also the government's interference in religious matters which Muslims will not accept.

“Under the guise of the amending bill, an attempt is being made to deprive the Muslims of this great country and of its heritage which our forefathers have left in the form of Waqf for the betterment of the poor, destitute and needy people of the country,” said Maulana Arshad Madani.

He said that amendments have been made in the bill without consulting the Muslim religious figures and taking the Muslims into confidence while Waqf is a purely religious and Shariah matter because once the Waqf is applied.

“The donor does not remain the owner of the property rather that property is transferred to the ownership of Allah,” he explained.

Maulana Madani said that while presenting the Amendment Bill in the parliament, it was claimed that it would bring transparency to the work and would benefit the weak and needy people of the Muslim society.

“This bill is proof of the malicious intent of the government and its dangerous plans. If this bill is passed not only the protection of Waqf properties across the country may be in danger but also a door of new conflicts will be opened and the status of those mosques, tombs, buildings, imam badas and lands which are Waqf properties or which are located on Waqf land will be made doubtful,” Maulana Madani said.

He added that instead of the Waqf Tribunal and Waqf Commissioners, all powers under this bill will be transferred to District Collectors.

“By increasing the number of members of the Central Waqf Council and Waqf Boards, their status is also being changed and the door is being opened to appoint non-Muslims in it as well. This bill will also remove the requirement of being Muslim for officers and members,” he said.

Maulana Madani said that this is not a Hindu-Muslim issue but a constitutional problem and this bill is also against Muslim religious freedom.

He said that the Shrine Board, which was formed for the maintenance and protection of Hindu religious places, had a clear explanation that Jains, Sikhs or Buddhists would not be its members.

He questioned that if Jains, Sikhs and Buddhists cannot be members of the Shrine Board, how can the nomination and appointment of non-Muslims be justified in the Waqf Board?

“While Jainism and Buddhism are not considered separate from Hinduism, they are considered a separate sect. If they cannot participate in the shrine board even if they are Hindus on the basis of being a sect, then why is the nomination and appointment of non-Muslims in the Waqf boards made mandatory?” Maulana Madani asked.

He said that there are laws in Uttar Pradesh, Kerala, Karnataka, Tamil Nadu, Andhra Pradesh etc. that those who manage the affairs of the Hindu religion's property must be Hindus.

“Just as no other religious group can interfere in the religious affairs of Hindus, Sikhs and Christians in the same way, the management of Waqf properties should also be done only by Muslims. We do not accept any such proposal in the endowment system,” he added.

He said that it is clear that the intention of the government is not pure and through this bill, its purpose is not to bring transparency in the work and to benefit the Muslim community but to deprive Muslims of their Waqf properties and to weaken the claim of Muslims from the Waqf properties.

Maulana Madani said that an endless series of new conflicts can start in this way and taking advantage of the weak legal status of Muslims in the amendment bill may make it easier to occupy Waqf properties.

He added that we are not talking about one or two amendments but most of the amendments in the bill are unconstitutional and dangerous and destructive for the Waqf.

“This bill is also an attack on the constitutional powers given to Muslims. If the Constitution has given religious freedom and equal rights to every citizen then some special powers have also been given to the minorities living in the country. And the amendment bill negates all these powers completely,” he said.

Maulana Madani added that under the Waqf Amendment Bill 2024, it has been suggested that Section 40 of the current Act should be removed while the 2006 Joint Parliamentary Committee on Waqf and Justice Sachar Committee reported that a large number of Waqf properties are illegally occupied while the incumbent government is also referring to the same Sachar Committee report.

“Despite this, it has been suggested in the 2024 bill that the State Waqf Board shall not be empowered to identify properties which are illegally occupied and to try to recover them. This proposal of the government is very harmful to the existence of endowments,” he said.

He added that during the last ten years, the minorities of the country, especially the Muslims, were put on the margins, and to make them believe that now, as citizens, they have no rights and powers, many laws have been forcibly brought and implemented.

“This Waqf Amendment Bill is also one of them by passing it in any way there is a conspiracy to forcefully apply it on Muslims, which we cannot accept,” he said.