MMU Presents Memorandum to JPC Chairman Jagdambika Pal Over Proposed Waqf Amendments
Srinagar 24 Jan: The Mutahida Majlis-E-Ulema (MMU), the foremost representative body of major Islamic organizations, Ulemas, and educational institutions in Jammu and Kashmir, has presented a memorandum to Shri Jagdambika Pal, Chairman of the Joint Parliamentary Committee (JPC), expressing serious objections to the proposed amendments to the Waqf Act, 2024. The memorandum, dated January 24, 2025, outlines several key areas of concern and calls for immediate action.
Key Concerns Raised by MMU:
1. Government Overreach and Control Over Waqf Properties: The MMU highlights its objection to the proposed overtaking of Waqf properties by the government through the authority of the collector. They emphasize that this move undermines the purpose of the Waqf Act, which aims to protect properties dedicated to religious and charitable purposes by the Muslim community. The MMU fears that the arbitrary powers conferred upon the collector could lead to the conversion of Waqf properties into government properties, thereby diminishing the autonomy of the institution.
2. Reduced Muslim Representation: The memorandum raises concerns about the proposed reduction in Muslim representation within the central Waqf council and State Waqf Boards. The MMU points out that the amendments propose increasing the number of non-Muslim representatives while reducing Muslim members, which they believe will severely undermine the independent functioning of the Waqf boards.
3. Removal of the “Waqf by User” Provision: The MMU strongly objects to the removal of the provision of “Waqf by User,” which recognizes long-term use of property as Waqf for religious and charitable purposes. They argue that this removal will lead to communal claims over historic Waqf properties such as mosques and madrasas, making them vulnerable to litigation and illegal appropriation by state authorities.
4. Increased Risk of Property Appropriation: The memorandum warns that the proposed amendments will give the government the power to remove Waqf properties from the list of protected properties, allowing for the seizure or sale of valuable Waqf assets. This, according to the MMU, will leave the Muslim community with fewer resources to support its religious and charitable activities.
5. Violation of Muslim Personal Law and Constitutional Rights: The MMU contends that the proposed amendments violate Muslim Personal Law, protected under Article 25 of the Indian Constitution. They also express concern that these changes will exacerbate insecurity and mistrust among the Muslim community, whose religious properties will no longer be safe from government interference.
6. Regional Implications for Jammu & Kashmir: The MMU emphasizes that the Muslim-majority region of Jammu and Kashmir views these amendments as an attempt to undermine their religious freedom and institutional autonomy. They urge the government to engage in meaningful talks with the Muslim community to address these concerns and consider suggestions for making the Waqf Act more effective for their benefit.
MMU’s Requests:
- Immediate rejection of the proposed amendments.
- Engagement with stakeholders.
- Safeguards for religious autonomy.
- Protection of Waqf properties.
The memorandum was presented by Mirwaiz Umar Farooq, Patron of Mutahida Majlis-e-Ulema, who reiterated the importance of local representation and the protection of Waqf properties. The MMU calls for immediate restoration of its representation on the Boards of Directors of industrial and handicrafts PSUs, and high-level decision-making committees.
Original Letter
Memorandum to the Chairman Joint Parliamentary (JPC)
on the proposed Waqf(Amendment Bill) 2024
Presented by: Mutahida Malis-E-Uleme J&K(MMU)
Dated 24th Jan 2025
To
Shri Jagdambika Pal
Chairman JPC on proposed Waqf amendemment Bill 2024
New Delhi
Subject: Objections to the Proposed Amendments to the Waqf Bill 2024
Respected Shri Jaqdambika Pal ji,
Mutahida Majlis-E-Ulema (MMU), the foremost representative body of all major Islamic/Muslim organisations, Ulemas and Muslim educational institutions of Jammu and Kashmir, express our serious and deep concern regarding the proposed amendments to the Waqf Act. We believe that these amendments are completely against the interests of the Muslim community and also violate the universally accepted fundamental rights of communities. 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.
Areas of Concern regarding the proposed Amendments
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Regional Implication for Jammu & Kashmir
• 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.
• 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.
Our Request
1. Immediate Rejection of the Proposed Amendments
2. Engagement with Stakeholders
3. Safeguards for Religious Autonomy
4. Protection of Waqf Properties
Sincerely,
Mirwaiz Umar Farooq
Patron Mutahida Majlis-e-Ulema
Jammu and Kashmir
On Behalf of Constituents Members of Mutahida Majlis-E-Ulema
• Anjuman Auqaf Jama Masjid Srinagar Kashmir
• Muslim Personal law board Jammu and Kashmir
• Darul Uloom Rahimiyah Bandipora J&K
• Anjuman Shari Shian J&K
• Jamiat Ahle Hadith J&K
• Karwan-e-Islami J&K
• Ittihad-ul-Muslimeen J&K
• Anjuman Himayat-ul-Islam J&K
• Anjuman Tabligh-ul-Islam J&K
• Jamat-i- Islami J&K
• Jamiat Hamdania J&K
• Anjuman Ulama-e-Ahnaf J&K
• Darul Uloom Qasmiya J&K
• Darul Uloom Bilaliya J&K
• Anjuman Nusrat-ul-Islam J&K
• Anjuman Mazhar-ul-Haq J&K
• Jamiat-ul-Aima wal Ulama J&K
• Anjuman Aima wa Mashayekh J&K
• Darul Uloom Naqshbandiya Kashmir
• Darul Uloom Rashidiya J&K
• Ahlul Bait Foundation J&K
• Madrasa Kanz-ul-Uloom, Pirwan-e-Wilayat J&K
• Auqaf Islamia Khiram Sirhama Kashmir
• Bazm-e-Tauheed Ahle Hadith Trust
• Anjuman Tanzeem-ul-Makatib Kashmir
• Muhammadi Yateem Trust Kashmir
• Anjuman Anwar-ul-Islam J&K
• Karwan Khatm-e-Nabuwwat J&K
• Darul Uloom Syed-ul-Mursaleen Kashmir
• Anjuman Ulama wa Aima Masajid Kashmir
• Falah-e-Darain Trust Welfare Society Islamabad
• Ashraf-ul-Uloom Hyderpora Srinagar
• Darul Uloom Dawoodiya Batamaloo Srinagar
• Darul Uloom Furqaniya Nowshera Srinagar
• Darul Uloom Dawoodiya Khanyar Srinagar
• Jamiat-ul-Ulama J&K
• Siraj-ul-Uloom J&K
• Idara Wahdat-ul-Makatib Kashmir
• Darul Uloom Imdadiya Natipora Sringar
• Darul Uloom Jamia-tur-Rashad Awantipora Kashmir
• Khanqah Muradiya Jamia Masjid Kreeri Kashmir
• Darul Uloom Saut-ul-Quran Gulshanabad Kashmir
• Awami Rahat Trust Kashmir
• Imamia Federation Kashmir
• Sabeel-ul-irshad Buchpora Srinagar
• Alnoor Trust Bemina Srinagar
• Kashmir Shaheen Syndicate social Trust.
