Mirwaiz Umar Farooq submits MMU memorandum to JPC, rejects proposed amendments in Waqf Bill 2024

We want to make it clear that the Muslim majority region of Jammu and Kashmir feels very strongly about these amendments seeing it as another attempt at undermining our religious freedom and the autonomy of our institutions.”

STC NEWS DESK
News Delhi, January 24 (STC): Mujahid’s Majlis-e-Ulema (MMU) has submitted a memorandum to the
Chairman Joint Parliamentary Committee Jagdambika Palon listing its objections to the proposed amendments to the Waqf Bill 2024.
Mutahida Majlis-E-Ulema (MMU) is the foremost representative body of all major Islamic/Muslim organisations, Ulemas and Muslim educational institutions of Jammu and Kashmir. It has expressed serious and deep concern regarding the proposed amendments to the Waqf Act. And “believes” that these amendments are completely against the interests of the Muslim community and also violate the universally accepted fundamental rights of communities.
“We want to make it clear that the Muslim majority region of Jammu and Kashmir feels very strongly about these amendments to the Waqf Act seeing it as another attempt at undermining our religious freedom and the autonomy of our institutions,” reads the memorandum signed by Mirwaiz Umar Farooq, who is patron of the MMU.
So we urge you to reconsider and reject these proposed amendments and rather engage in meaningful talks with the Muslim community to address these apprehensions and concerns and take suggestions from them regarding what kind of changes they would like to see ,if any at all , to make the waqf Act more effective for their benefit and not superimpose these discriminatory changes upon them.
The MMU memorandum states that Waqf properties are personal properties dedicated by Muslims in the name of God for the benefit of their society and to help the underprivileged. Such Religo /social institutions warrant least interference from the state. But the Govt proposed amendments represent a significant threat to the autonomy and functioning of this institution.
Here are areas of concern in detail listed by the MMU regarding the proposed Amendments submitted by the MMU:

1. Government Overreach and Control Over Waqf Properties

• Our first concern is the proposed overtake of the Waqf by the Government through the authority of the collector. The collector has been given absolute power to change the nature of the waqf properties into “Government properties.” He can do this simply by passing orders and changing the entries in the Revenue record. Besides this, the arbitrary powers conferred upon the collector with regard to both disputed and undisputed Waqf properties give him immense control over them. This action seeks to undermine the very purpose of the Waqf Act, which is to protect and preserve the properties dedicated to religious and charitable purposes by the Muslim community members.

1. Reduced Muslim Representation

• Another major concern is the reduction of Muslim representation and increase in the number of Non-Muslim representation upto 13 in central Waqf council and 7 in State Waqf Boards and the arbitrary mandate given to them . Earlier all members except one were Muslim and they were Elected.
• Even the provision that the CEO of Waqf board shall be a Muslim has been removed. These proposed changes are totally unacceptable as they will severely undermine the independent functioning of the Waqf board by direct interference from State nominated Non-Muslim Board members.

1. Removal of the “ Waqf by User” Provision

• Another serious concern is the prosed removal of the provision of “waqf by user” which recognised that the long use of property as a Waqf for religious and charitable purposes will establish its dedication as Waqf. Removal of “Waqf by user “ not only violates the principles of Waqf but will aggravate communal claims over Mosques and other Waqfs such as Madrasas, Darghas, Astans and Qabristans existing for centuries but not recorded as such in revenue records making it open to litigation and illegal appropriation sby the State authorities .This is very distressing for the community.

1. Increased Risk of Property Appropriation

• Furthermore, the proposed amendments will give the government the power to remove Waqf properties from the list of protected properties. This will allow the government to seize or sell valuable Waqf properties, leaving the Muslim community with fewer resources to support its religious and charitable activities.

1. Violation of Muslim Personal Law and constitutional Rights

• Besides the proposed amendments are a violation of the Muslim Personal Law, which is protected under Article 25 of the Indian Constitution.
• The amendments will also exacerbate the sense of insecurity and mistrust among the Muslim community, who already feel under threat , as now their religious properties will no longer be safe from government interference.

1. Regional Implication for Jammu & Kashmir
   •
   Our Request
2. Immediate Rejection of the Proposed Amendments
3. Engagement with Stakeholders
4. Safeguards for Religious Autonomy
5. Protection of Waqf Properties

We want to make it clear that the Muslim majority region of Jammu and Kashmir feels very strongly about these amendments to the Waqf Act seeing it as another attempt at undermining our religious freedom and the autonomy of our institutions.
Meanwhile, the memorandum concludes with an urge to the Chairman JPC to “reconsider and reject these proposed amendments and rather engage in meaningful talks with the Muslim community to address these apprehensions and concerns and take suggestions from them regarding what kind of changes they would like to see ,if any at all , to make the Waqf Act more effective for their benefit and not superimpose these discriminatory changes upon them.”