Synopsis
The Kerala State Waqf Board challenges recent amendments to the Waqf Act, asserting they violate secularism and citizens' rights while centralizing control under the government.Key Takeaways
- Amendments undermine secularism and rights.
- Centralizes waqf information and control.
- Challenges to the definition of 'Mutawalli'.
- Opposition to ownership criteria in waqf dedication.
- Concerns over neglect by Joint Parliamentary Committee.
New Delhi, April 24 (NationPress) The Kerala State Waqf Board has submitted an affidavit to the Supreme Court, arguing that the recent amendments made to the Waqf Act, 1995, fundamentally undermine the core tenets of secularism and the fundamental rights of citizens.
The initial affidavit, sworn by the Chief Executive Officer (In-charge), states that the provisions in the Waqf (Amendment) Act, 2025, are entirely unilateral, stripping state Waqf Boards and governments of their authority.
"The amendments are structured in a manner that consolidates all information concerning waqf, its properties, and the management of Mutawallies under the control of the Central government. These provisions are intended to regulate, compile data, and allow non-Muslim individuals to interfere in decision-making processes in a way that is not permissible for any other religious group. Such amendments jeopardize the fundamental rights that India's governance framework guarantees and suggest ulterior motives," the document submitted to the Supreme Court states.
Furthermore, it notes that the waqf system is recognized globally, with various protective measures established over centuries to validate waqf by Muslims and safeguard waqf properties, including laws validating waqf and the subsequent enactment of the Waqf Act.
According to the contested Act, the definition of 'Mutawalli' is restricted solely to individuals appointed according to a deed. In contrast, Islamic principles permit a waqf to be created orally, with management decisions made orally in the presence of witnesses. Thus, the previous definition of Mutawalli in the original Waqf Act should remain intact," the affidavit asserted.
The Kerala State Waqf Board has also opposed the amendment stipulating that only individuals practicing Islam for a minimum of five years and possessing ownership of the property can dedicate it to waqf.
It argued that imposing a five-year criterion lacks justification, especially when an individual with ownership rights is otherwise capable of assigning property to a waqf.
"The concept of waqf encompasses waqf by user, a principle recognized by Indian courts. The proposal to eliminate this concept threatens existing practices, whereas previously registered waqf by user will be allowed to persist. The notion of oral waqf is fundamentally integrated into waqf law, and this amendment would effectively sever established customs or practices with legal standing," the affidavit added.
In its submissions to the Supreme Court, the Kerala State Waqf Board expressed discontent that the Joint Parliamentary Committee did not visit Kerala and entirely "ignored" its input.
During the hearings regarding the challenges to the Waqf (Amendment) Act, 2025, the Central government assured the Supreme Court that it would not revoke provisions related to 'Waqf-by-user' or incorporate non-Muslim members into the Waqf Board. This assurance followed the apex court's suggestion to potentially stay certain sections of the law.
