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Jamaat-e-Islami Submits Detailed Responses to JPC’s Waqf Queries

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New Delhi: In response to the Joint Parliamentary Committee (JPC) on Waqf’s inquiry regarding the Waqf (Amendment) Bill, 2024, Jamaat-e-Islami Hind (JIH) has submitted comprehensive written replies addressing the committee’s questions. This submission follows a meeting between the organization’s delegation and the JPC in November 2024, during which Jamaat-e-Islami presented a memorandum on the Bill.

Malik Moatashim Khan, Vice President of JIH, stated that the organization had received approximately 65 questions from the JPC. The queries focused on several critical aspects of Waqf properties, including their definition, administration, and legal framework. The JPC sought to understand the religious and secular dimensions of Waqf, as well as its accessibility to communities beyond Muslims. Key issues such as “Waqf by User,” encroachments, and the role of Waqf boards were also discussed, along with procedural concerns regarding the powers of the Collector and tribunal composition.

The JPC also raised questions about the inclusion of non-Muslims in Waqf management and the potential reforms aimed at improving transparency and oversight. Additionally, members explored the historical and theological roots of Waqf and its compatibility with modern governance structures.

In its detailed replies, Jamaat-e-Islami Hind expressed significant concerns about the Waqf (Amendment) Bill, particularly its potential to undermine the sanctity and proper functioning of Waqf properties. The Bill’s proposal to abolish “Waqf by User” threatens long-standing religious and community properties such as mosques, graveyards, and dargahs that lack formal documentation but have been in continuous use for generations. Removing this definition, Jamaat-e-Islami warns, could lead to widespread legal disputes and the potential loss of these vital assets.

Another major issue highlighted was the proposed transfer of powers to District Collectors, which Jamaat-e-Islami argues could create conflicts of interest, especially since many encroachments on Waqf lands involve government departments. This shift of authority from judicial bodies to the executive could hamper the community’s ability to contest such encroachments effectively.

The Bill’s provision restricting certain Muslims from dedicating property as Waqf for five years also raised alarms. Jamaat-e-Islami sees this as a violation of constitutional principles, particularly the right to equality and freedom of religion guaranteed under Articles 25 and 26 of the Indian Constitution.

Furthermore, the proposal to include non-Muslims in Waqf Management Boards is viewed as an undue interference in the community’s ability to independently manage its religious and charitable endowments—a right enjoyed by other religious groups in India.

Jamaat-e-Islami Hind also voiced concerns that the Bill would weaken Waqf Boards and favor encroachers by reducing criminal liability and narrowing the definition of Waqf. The organization pointed to the government’s own data on the WAMSI portal, which highlights that inefficiencies and mismanagement of Waqf properties stem from executive lapses, not legislative shortcomings.

In conclusion, Malik Moatashim Khan reiterated Jamaat-e-Islami Hind’s position that the contentious amendments in the Bill should be dropped, and instead, existing Waqf laws should be effectively implemented. He emphasized the organization’s readiness to engage further with the JPC and the public to address any additional questions or concerns regarding Waqf properties.

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