The amendments, it said, not only violated the fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India but also clearly revealed the government’s intention to take complete control over the administration of Waqf, therefore, sidelining the Muslim minority from managing their own religious endowments.Articles 25 and 26 of the Constitution ensure freedom of conscience, the right to practice, propagate religion, and the right to establish and manage institutions for religious and charitable purposes, it said.The newly-enacted law deprives Muslims of these fundamental rights, it added.”The amendments regarding the selection of members of the Central Waqf Council and Waqf Boards stand as stark proof of this deprivation Additionally, the five-year requirement for a waqif (donor) to be a practising Muslim contradicts both the Indian legal framework and Article 14 and 25 of the Constitution, as well as Islamic Shariah principles,” the statement said.Describing the law as discriminatory and inconsistent with Article 14 of the Constitution, the press release said the rights and protections afforded to the endowments of other religious communitiesHindus, Sikhs, Christians, Jains and Buddhistswere denied to Muslim Waqf, Awqaf.The board said the top court being “the guardian of constitutional rights” should annul these “controversial amendments, uphold the sanctity of the Constitution” and prevent the Muslim minority rights from “being trampled upon”.The plea is settled by advocate M R Shamshad, with advocate-on-record Talha Abdul Rahman representing the Muslim personal law board, through its General Secretary Maulana Fazlur Raheem Mujaddidi.
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