The waqf tribunals have been established according to section 83 of the 1995 Waqf Act, which allows state governments to “constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a Waqf or Waqf property.”The three-member Tribunal consists of (1) a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge as Chairman, (2) a state officer equal to an Additional District Magistrate, and (iii) an expert in Muslim law and jurisprudence. The law grants the tribunal the power of a civil court and notes that its decision will be legally binding and final.However, like the decision of any other lower court, the decision of the Waqf Tribunal can be challenged in the higher courts.”A High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit,” the 1995 Act notes.’Targeting Muslims, enhancing Islamophobia'”For the first time, the government is making serious amendments to an important law concerning the faith of Muslims with zero consultations with the community leaders or stakeholders,” said SQR Ilyas, spokesperson for the AIMPLB.The government had claimed that the amendments were intended at uplifting the backward sections within the community and ensuring transparency.”But none of the provisions in the proposed bill is intended for this purpose. The entire bill has been designed in such a way so as to facilitate the government to usurp the Waqf properties,” Illyas said stressing that around five crore Muslims have submitted their disapproval via emails against the bill.Commenting on the amendment that prevents a Muslim from giving waqf before completing five years after embracing Islam, Ilyas said, “This is against the shariah. According to Islam, any practising or non-practising Muslims can give Waqf. Why would the government prevent a person who has recently embraced Islam from exercising his religion? It is illogical.””The attempt to target aqf property is a violation of minority rights. It is a part of the overall strategy to weaken the Muslim community and enhance Islamophobia,” said Prof. G Mohan Gopal, former director of the National Judicial Academy of the Supreme Court of India.Gopal highlighted the “singling out” of Waqf properties, when every other religion’s right to community autonomy remains untouched.”Devaswom Boards, which oversee the secular governance of public temples in Kerala can statutorily have only Hindus as members. The Mussalman Wakf (Repeal) Amendment Bill violates this norm by inserting non-Muslims into Waqf Boards which manage private property dedicated by Muslims as an inherent part of the practice of their religion while leaving undisturbed the prohibition against non-Hindus managing Hindu endowments and public temples,” Gopal said.”Interference with Waqf by non Muslims, against the teachings of Islam constitute a serious violation of the fundamental right of Muslims to practice their religion,” he added.Gopal alleged that the “hostile singling out of Islam is a constitutionally malafide action on the part of the government.””It is inspired by the stated goal of the ruling party’s ideology of converting India into a Hindu Rashtra. It has no Constitutional legitimacy,” he stressed.According to Abdulla Kottapalli, the Bill is not just anti-Muslim but also challenges the very structure of Indian secularism.”India has long followed a non-interventionist policy in the management of religious trusts, which is a crucial aspect of Indian secularism. If the Union Government imposes a Waqf regulatory mechanism without proper consultation and consent from the Muslim community, it would constitute an infringement of this long-standing secular tradition. Such an approach could undermine the legitimacy of the Waqf Board system among Muslims,” he remarked.Calling the bill “disastrous,” former Maharashtra minister and Rajya Sabha MP Fauzia Khan noted that contrary to the claims of the government, the amendments are not intended at aiding the Waqf Boards.”Instead of aiding the board to overcome its challenges, the government is snatching away everything from the Muslim community. Its like killing the patient, instead of treating them,” she said.”The whole law is going to be disastrous for the Muslim community, they will be losing their religious lands and other properties donated by their forefathers for the upliftment of the community,” she added.Dr Khan emphasised that amendments like the removal of the ‘waqf by user’ provision are challenging the very spirit of Waqf.”A large amount of properties under the Waqf are ‘waqf by user.’ Many properties do not have documentation. For instance the Taj Mahal, or the Ajmer Dargah. How can you bring documents for these? The new amendment is a big threat to the actual spirit of Waqf,” she said.Illyas expressed concern that this amendment will affect the ongoing disputes regarding the ownership of mosques including Gyanvapi and Sambhal.”It is a very serious issue. In UP itself, more than 70 percent mosques will be affected by the removal of this provision,” he said.Noting that the removal of ‘waqf by user’ provision will result in large amounts of land transfer from the hands of the Muslim community, Gopal said; “The blanket removal of user rights solely of Muslims is anti-constitutional and should be struck down. Even though the right to property is no longer a fundamental right, it is still a constitutional right. It is not possible to sweep away existing property rights in an arbitrary manner.”Apart from the “draconian” amendments, concerns were also raised regarding the manner in which the bill was passed through the JPC, with opposition members raising serious allegations against the JPC chairman and BJP MP Jagdambika Pal.Commenting on the alleged sabotaging of JPC proceedings, Dr Fauzia Khan called it a “death blow to democracy.””If this is how we are going to function in parliament, then it is setting a dangerous precedent. Tomorrow, any party with a majority can just crush the voices of the minority and finish off the later,” she said.The Waqf Bill wil be tabled in the Lok Sabha in the coming days. Apart from a heated debate and a legal battle, the bill will also be a determining factor in the upcoming Bihar elections which is crucial for the NDA ally JDU headed by Bihar CM Nitish Kumar.”If Nitish Kumar and his party go ahead with their support for the Bill, they will not get any support from the Muslim community for the upcoming elections. Our position is very clear. If this Bill is passed, we will consider it a direct attack on the community. Its consequences will have to borne by the two allies too. This is a matter of faith for the Muslim community,” the AIMPLB has warned.With multiple players at stake, it remains to be seen how the Narendra Modi-led government will decide on the issue, which is of utmost importance to Indian Muslims.
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