JPC meeting on Waqf Bill: Heated debate between Muslim representatives and committee members over property seizure

By Nishant Ketu
New Delhi [India], September 19 : The fifth sitting of the Joint Parliamentary Committee on the Waqf (Amendment) Bill, 2024, on Thursday, witnessed a heated debate regarding the rights of the Muslim community and the majority population, sources said.
The meeting in Parliament included contributions from Prof. Faizan Mustafa, Vice-Chancellor of Chanakya National Law University, Patna, representatives from the All India Pasmanda Muslim Mahaaz, and the All India Muslim Personal Law Board.
According to sources, the meeting began with Prof. Mustafa presenting his views and briefing committee members on various aspects related to Waqf Board's and Islamic traditions. While he supported many provisions of the bill, he raised objections on a few points, referencing practices from Hinduism and other religions, as well as longstanding Islamic traditions.
However, several MPs from the BJP and NDA sharply questioned his arguments, leading to a heated exchange between a BJP MP and some opposition MPs. Additionally, a BJP MP accused an opposition member of misconduct.
The All India Pasmanda Muslim Mahaaz also gave a detailed presentation before the committee, strongly supporting the bill.
After the presentation, the President of the Pasmanda Muslim Mahaaz, Parvez Hanif said that when someone donates property to the Waqf Board, the deed specifies that the funds should be used for the welfare of Pasmanda Muslims.
"This bill has been introduced to end the ongoing corruption in the Waqf Board and related societies. It addresses the rights of the Pasmanda community. That is why we have to support this bill. We have also answered the committee members' questions and will submit the requested documents within 10 days. Until now, the Ashraf (upper class) group and communal politics have controlled everything. That is why they see this bill as an attack on themselves and are opposing it. We are 85 per cent of the population, and they are only 15 percent," Hanif told ANI.
Dr. Faiyaz Ahmad, an advisor to the Pasmanda Muslim Mahaaz, added that this is the first time any government has spoken about granting backward Muslims their rights.
"We have suggested that Dalits and tribals within the Muslim community should also be included in the board through amendments, which would be a positive step. Additionally, representatives from every section of Hindu society should also be included in the board, which would be a welcome move," Ahmad said.
Dr. Faiyaz accused the so-called elite Muslims of spreading misinformation from the outset, claiming that mosques would be taken away and lands seized.
"This is the same argument made by the Muslim League during the time of partition, and now it's being repeated by the Ashraf or elite Muslims. However, nothing like that is written in the bill. Some reforms have been made to the previous bill. If something is documented, it is always better. In Islam, the Nikahnama (marriage contract) has been written for 1,400 years. So, if a Nikahnama is valid in Islam, why can't a Waqfnama (waqf deed) be written? Both the Quran and the Constitution call for documentation," he added.
The Pasmanda Muslim Mahaaz alleged that the attitude of opposition members in the committee was uncooperative and that they were trying to distract from the main issues by raising unnecessary questions.
The All India Muslim Personal Law Board (AIMPLB) also presented its detailed stance during the meeting, strongly opposing the bill.
According to sources, the AIMPLB strongly opposed the bill, arguing that in Islam, worship and charity are integral parts of faith, as commanded in the Holy Quran in numerous verses. It is a matter of faith for every Muslim that charity leads to closeness to God. With this singular objective, Muslims dedicate their properties for charitable purposes, which are deemed pious or religious according to Islamic faith.
The AIMPLB further explained that the entire system of creating Waqf as per the intentions of the 'Waqif' (the person who establishes the waqf)--including using the property for charitable, pious or religious purposes, preserving the property to ensure its continued use for these purposes, and managing the property in accordance with the Waqif's intentions--is all part of the concept of Waqf.
The sources said that the AIMPLB representatives added that Waqf not only involves the individual rights of the Waqif but also brings in the community's or religious denomination's rights based on the Waqif's intentions. Therefore, a Muslim's right to dedicate property for charitable, religious or pious purposes, to define the benefits derived from that property, to identify beneficiaries and to appoint a manager for the property are fundamental elements of Waqf creation and are protected under Article 25 of the Indian Constitution.
The AIMPLB claimed that the Waqf (Amendment) Bill, 2024, interferes with the rights of the Waqif to create, administer and manage Waqf properties. It also violates the usage of Waqf properties and the rights of the Waqf property managers.
During the AIMPLB's presentation, a BJP MP raised the issue of non-documentation of Waqf properties, leading to a heated exchange between Committee Chairman Jagdambika Pal and some opposition members, sources said.
Opposition members also alleged that despite the bill being under consideration by the Parliamentary Committee, many BJP leaders, including Union Home Minister Amit Shah, have been publicly discussing the bill, which they argue is an attempt by the BJP to pressure the committee.
The Joint Parliamentary Committee will hear the views and suggestions of the All India Sajjadanashin Council, Ajmer, Muslim Rashtriya Manch, Delhi, and Bharat First, Delhi, on the Waqf (Amendment) Bill, 2024, on September 20, 2024.