New Delhi, Jan 24:
Expressing “serious and deep concern” over the proposed amendments to the Waqf Act, Jammu and Kashmir Mutahida Malis-E-Uleme (MMU) patron Mirwaiz Umar Farooq has said the proposed changes represent a significant threat to the autonomy and functioning of the Waqf.
In a written submission to the Joint Parliamentary Committee on the proposed Waqf (Amendment) Bill, 2024, the MMU said the collector has been given absolute power to change the nature of the Waqf properties into “government properties” by “simply” passing orders and changing the entries in the revenue record.
The Mirwaiz, who is also the chairman of the separatist grouping Hurriyat Conference, said in the submission that the “arbitrary powers” given to the collector regarding 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,” the MMU said in its submission.
These amendments are completely against the interests of the Muslim community and also violate the universally accepted fundamental rights of communities, it said.
“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 religio/social institutions warrant the least interference from the State. But the government proposed amendments represent a significant threat to the autonomy and functioning of this institution,” it said.
The written submission was made by a delegation led by the Mirwaiz who is also the religious head of the majority community in Kashmir.
It expressed concern about the reduction of Muslim representation and increase in the number of non-Muslim representation up to 13 in the Central Waqf Council and seven in the state Waqf Boards. Earlier, all members except one were Muslims and were elected, it added.
“Even the provision that the CEO of the 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 the State nominated non-Muslim Board members,” it said.
The removal of the provision of “Waqf by user”, which recognised that the long use of the property as a Waqf for religious and charitable purposes will establish its dedication as Waqf, will aggravate communal claims over mosques and madrassas, dargahs, astans and qabristans existing for centuries but not recorded as such in the revenue records.
“…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,” it said.
Terming the changes as a violation of the Muslim Personal Law, the submission stated that the changes will exacerbate the sense of insecurity and mistrust among the Muslim community, who already feel threatened, as their religious properties will no longer be safe from government interference.
“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 institutions,” the submission said and urged the government to engage in meaningful talks with the Muslim community to address these apprehensions and concerns while taking suggestions from them.–(PTI)