Staff Reporter
The All India Muslim Personal Law Board (AIMPLB) has pledged to exhaust all possible legal, constitutional and democratic means to stop interference in Waqf properties
At its 29th annual convention held in Bangaluru on November 23 and 24 AIMPLB has decided that despite all efforts to scrap the Waqf Amendment Bill 2024 in totality, if the Bill is still passed then it will exhaust all available and possible legal, constitutional and democratic means to pressurise the government to withdraw the amendments.
Briefing media Dr. S. Q. R. Ilyas, the National Spokesperson and Maulana Shah Fazlurraheem Mujaddidi, the General Secretary of AIMPLB, said that the convention felt that Waqf Amendment Bill 2024 was cannily crafted to usurp the Waqf properties spread throughout the country. All the proposed 44 amendments and their sub-sections were evilly designed to destroy and manipulate the status of the waqf properties. Unfortunately, the Joint Parliamentary Committee (JPC), which was formed to seek suggestions of stakeholders, is giving time and attention to those with no locus standi on the issue and is behaving in a partisan manner and violating rules and norms.
Ilyas said that a delegation of AIMPLB had met the JPC and presented its objections to the Bill. The delegation also submitted a detailed document based on its study of the Bill. When JPC invited the suggestions from general public, the Board awakened the Muslim citizenry to play an active role and around 3.66 crore Muslims rejected the bill using the QR code. Apart from this, other Muslim groups also submitted their opinions separately. Therefore, almost 5 crore Muslims rejected the Bill in totality.
He said that in a democracy like India this is a substantial number; hence no sensible government should overlook this. The Board’s leadership met Opposition parties as well as the NDA partners and requested them to reject the Bill completely.
“In the end, we want to clear this misgiving that Waqf Act enjoys special powers. This is absolutely incorrect and false. All the endowments of Hindus, Sikhs and other communities also enjoy similar powers,” Ilyas added.
Meanwhile, the 251 members of the Board re-elected their president, a renowned Islamic scholar, Maulana Khalid Saifullah Rahmani, for the term 2024-2026. The president-elect appointed the office bearers for the new term. Vacant seats in different categories of founder members and term members were also filled through elections.
Apart from routine activities, various pressing issues were discussed and important decisions were taken which are as follows:
1. Uniform Civil Code (UCC) is unacceptable as it is against freedom of religion and cultural diversities, enshrined in our Constitution, under Fundamental Rights. The Board in no uncertain terms makes it clear that it is unacceptable to Muslims as they will never compromise with Shariah Law (Muslim Personal Law). The Board considers this interference as a well thought out conspiracy of the BJP governments that will have grave ramifications and added that the Legislature of the country itself has approved the Shariat Application Act, 1937, and the Constitution of India has declared it a fundamental right under Article 25 to profess, propagate and practise religion. The family laws of other communities are also based on their own religious and ancient traditions. Therefore, tampering with them and replacing them with secular ones amounts to negation of freedom of religion and an imitation of the West.
We also proclaim that UCC is a threat to the Fundamental rights enshrined in the Constitution vide the Articles 25, 26, 29, 371A, 371E etc.); religious and cultural diversities and to the concept of ‘Unity in Diversity’; the distinct identities of religious and cultural groups; the federal structure of the country; and the idea of India, enshrined in the Constitution of the country.
The Board pointed out that the UCC mentioned in the Directive Principles in Chapter IV of the Constitution is a mere direction, as the Directive Principles are not mandatory nor can they be enforceable by the courts. Therefore, the Directive Principles cannot supersede the Fundamental Rights enshrined in the Constitution under Chapter III. The AIMPLB has taken a decision to file a public interest litigation (PIL) petition challenging the Uttarakhand UCC in the High Court of that state.
2. The Places of Worship Act of 1991 categorically states to retain the religious character of a place of worship as it existed on the Independence Day, however it has not dissuaded litigants to falsely claim from different parts of the country, which include Gyanvapi Masjid in Varanasi, Shahi Idgah in Mathura, Bhojshala Kamal Mowla Masjid in MP, Teleywali Masjid in Lucknow and now Jama Masjid in Sambhal in Uttar Pradesh, where the court ordered survey of Masjid, with Hindu plaintiffs claiming that it was constructed after demolishing a temple ,leading to clash which claimed the lives of five Muslim protesters in the police firing. Meanwhile, the Supreme Court in 2022 opened a Pandora’s box by holding that this law did not restrict the ascertaining of the religious character of historical places of worship, thereby permitting the very mischief that the Act intended to prevent. If this Act is not restored immediately, it will lead to chaos and mischief mongers claiming mosques, churches, gurudwaras, etc. causing disturbances and violence in a sensitive and plural country like ours leading to law and order crises.
3. Humanitarian Crisis in Palestine: “We are shocked to see the genocide carried out in Gaza and Lebanon by an illegitimate country, Israel, for more than a year resulting in more than 45,000 people massacred in Gaza alone, where over two thirds of the victims are women and children. Almost the entire Gaza has been converted into debris and almost two million people have become refugees in their own country”.
Unfortunately, India which endorsed Palestinian rights to live with dignity and self-respect and has also supported two-state solutions of United Nations is doing only lip service. “We demand Israel to immediately stop its inhuman, barbaric bombardment and genocide in Gaza”.
4. Insulting Prophet Muhammad (PBUH): It is very unfortunate that in our country every now and then any Tom, Dick and Harry issues an insulting and derogatory statements against our beloved Prophet Muhammad (PBUH) and go scot-free, without any legal or administrative ramifications for their actions. This defamation not only hurts the Muslims around the globe but all reflects poorly on the image of our country.
Prophet Muhammad (PBUH) is a very respectful personality. “We demand that the Government of India must take stern actions against such miscreants and give them exemplary punishment. We also demand that the government must introduce blasphemy legislation in the Parliament banning insult to all religious and sacred personalities irrespective of their religion”.