Muslim Scholars and Clerics Demand Clarity from Secular Parties on Waqf (Amendment) Bill
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Muslim Scholars and Clerics Demand Clarity from
Secular Parties on Waqf (Amendment) Bill
In a critical political move, Muslim scholars, clerics, and intellectuals have called upon "secular political parties" to clarify their stance on the Waqf (Amendment) Bill, which has recently been referred to a Joint Parliamentary Committee. This demand arises ahead of key Assembly elections in states such as Jammu & Kashmir, Haryana, Maharashtra, and Jharkhand, marking the first major elections since the 2024 Lok Sabha polls.
Concerns Over the Waqf (Amendment) Bill
The Waqf (Amendment) Bill, once passed, will be known as the United Waqf Act Management, Empowerment, Efficiency, and Development Act (UMEED). The Muslim community has expressed significant concerns over this bill, particularly regarding the potential reduction of power for Waqf Boards. A meeting at Islam Gymkhana, hosted by Tareek-e-Awkaf and the All India Ulema Board, saw key figures such as Shabbir Ansari, Yusuf Abrahani, Baba Siddiqui, and others voicing their opposition.
The community appreciated Shiv Sena (UBT) leader Uddhav Thackeray's criticism of the bill and questioned the timing of its introduction by the BJP-led government. The bill is seen as politically motivated and a potential interference in religious matters.
Key Amendments in the Bill
The Waqf (Amendment) Bill proposes over 40 amendments, including the mandatory verification of all Waqf property claims, revisions to Sections 9 and 14 concerning the composition and functioning of Waqf Boards, and the introduction of women representatives. Additionally, the bill seeks to include members from various Muslim communities like Shia, Sunni, Bohra, and Aghakhani in the Waqf Boards.
The bill aims to address concerns about the arbitrary powers of the Waqf Boards, which have led to disputes and claims of misuse of extensive land deemed as Waqf properties.
Legal Context and Supreme Court Ruling
The Supreme Court, in April 2023, dismissed a Public Interest Litigation (PIL) challenging the constitutionality of the Waqf Act, filed by Advocate Ashwini Upadhyay. The court, led by CJI DY Chandrachud and Justice Surya Kant, ruled that the constitutionality of a law cannot be challenged in the abstract and that the court cannot mandate Parliament to pass a law. The bench also dismissed the PIL, stating that Upadhyay failed to show any violation of his rights under the Waqf Act.
Final Thoughts
As the debate over the Waqf (Amendment) Bill continues, Muslim communities are calling for transparency and clarity from political parties on their stance. The outcome of this debate could significantly impact the upcoming state elections and the future management of Waqf properties in India.
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