Widespread Rejection of Waqf Amendment Act Across J&K,Resolution Read Aloud in Mosques,Shrines, and Imambaras
On this occasion, prominent scholars, Imams , and Khateebs also expressed serious anger and concern over the house detention of its head, Mirwaiz Dr. Moulvi Muhammad Umar Farooq, who was once again prevented from delivering the Friday sermon at the historic Jama Masjid Srinagar.
They strongly condemned the government’s authoritarian, undemocratic, and un-Islamic actions, describing them as deeply hurtful to the sentiments of the Muslim community and declared them entirely unacceptable.
The new legislation introduces significant changes in the management and supervision of Waqf properties, and many feel that it may diminish the role and authority of the Muslim community in overseeing its religious endowments, which have traditionally been managed in accordance with Islamic principles.
– The reduction in the powers of Muslim-led Waqf Boards, and the greater role now assigned to government authorities and non-Muslim officials, has led to apprehensions that the core religious and charitable purpose of Waqf may not be fully understood or upheld.
– The provision allowing non-Muslims to be appointed to the Central and State Waqf Boards, and the removal of the earlier condition that the CEO of a Waqf Board must be a Muslim, has been viewed by the community as a deviation from the spiritual and religious ethos of Waqf management.
– The transfer of key decision-making powers to district collectors, including the authority to determine whether a property is Waqf or not, may lead to unilateral decisions and a weakening of the role of Waqf Boards. This is of particular concern in the context of ongoing disputes involving Waqf properties in various regions.
– The repeal of Section 40 of the Waqf Act, 1995, which earlier empowered Waqf Boards to determine the status of properties, is seen as creating uncertainty around many longstanding Waqf properties.
– The removal of the concept of “Waqf by long-standing use”, which protected mosques, graveyards, and other Islamic sites used for generations without formal documentation, may result in the loss of such properties simply due to lack of official records.
– Changes in the functioning of Waqf Tribunals, allowing for appeals in High Courts, may lead to prolonged legal proceedings and delays in the resolution of matters affecting religious endowments.
These developments have given rise to serious concerns across the Muslim community, as Waqf institutions play a vital role in serving religious, educational, and social needs in accordance with Islamic values. It is therefore essential that the management of Waqf remains rooted in those values and guided by individuals who understand their spiritual and legal significance.
In this regard, the Mutahida Majlis-e-Ulama reaffirms its full support to the All India Muslim Personal Law Board (AIMPLB) and will stand by the Board in whatever course of action it deems appropriate to address the issues arising from the new law.
Wa akhiru da’wana anil hamdu lillahi Rabbil ‘alameen.
May Allah guide and protect the institutions of our faith.
