New Delhi: The Mutahida Majlis-e-Ulema (MMU), a prominent body of Islamic organizations, scholars, and educational institutions in Jammu and Kashmir, has submitted a memorandum to Jagdambika Pal, Chairman of the Joint Parliamentary Committee (JPC) on the proposed Waqf (Amendment) Bill 2024.
The memorandum, signed by MMU Patron Mirwaiz Umar Farooq, highlights serious objections to the proposed amendments, which the MMU believes undermine the autonomy of Waqf institutions and violate constitutional rights.
Key Concerns Raised by the MMU
- Government Overreach and Control
The amendments give collectors absolute power to alter Waqf property entries in revenue records and convert them into government properties.
Arbitrary powers conferred to collectors undermine the purpose of the Waqf Act, which is to protect properties dedicated to religious and charitable purposes.
- Reduced Muslim Representation
The amendments propose reducing Muslim representation in the Central Waqf Council and State Waqf Boards.
Non-Muslim representation is increased to 13 in the Central Waqf Council and 7 in State Waqf Boards, undermining Muslim leadership.
The mandatory requirement for the CEO of Waqf Boards to be Muslim has been removed.
- Removal of ‘Waqf by User’ Provision
The provision that long-term use of property for religious and charitable purposes designates it as Waqf is being removed.
This exposes mosques, madrasas, shrines, and graveyards not recorded in revenue records to disputes and government appropriation.
- Increased Risk of Property Appropriation
The government can remove Waqf properties from the list of protected properties, allowing seizure or sale.
This threatens the resources needed for the community’s religious and charitable activities.
- Violation of Muslim Personal Law and Constitutional Rights
The amendments violate Muslim Personal Law protected under Article 25 of the Indian Constitution.
These changes intensify insecurity and mistrust within the Muslim community.
- Regional Implications for Jammu and Kashmir
The Muslim-majority region of Jammu and Kashmir sees the amendments as an infringement on their religious freedom and institutional autonomy.
Requests by the MMU
- Immediate rejection of the proposed amendments.
- Engagement with Muslim stakeholders to address their concerns.
- Safeguards to ensure religious autonomy.
- Protection of Waqf properties.
Constituents Represented by MMU
Anjuman Auqaf Jama Masjid Srinagar Kashmir
Muslim Personal Law Board Jammu and Kashmir
Darul Uloom Rahimiyah Bandipora J&K
Jamiat Ahle Hadith J&K
Karwan-e-Islami J&K
Ittihad-ul-Muslimeen J&K
Over 40 other religious, social, and educational organizations, including:
Darul Uloom Qasmiya, Darul Uloom Bilaliya, and Jamat-i-Islami J&K
Anjuman Nusrat-ul-Islam and Anjuman Himayat-ul-Islam J&K
Awami Rahat Trust Kashmir, Muhammadi Yateem Trust Kashmir, and others.
