New Delhi: Prominent Muslim organisation Jamiat Ulema-e-Hind on Monday welcomed the Supreme Court’s order putting on hold some key provisions of the Waqf (Amendment) Act but expressed concern over the top court’s refusal to stay the entire law including prospective de-recognition of ‘Waqf by user’.
Jamiat Ulema-e-Hind president Maulana Arshad Madani said the Muslim organisation will continue its legal and democratic struggle until this “oppressive law is repealed”.
Jamiat Ulema-e-Hind welcomes the decision granting interim relief on three key controversial provisions of the Waqf law, Madani said in a post in Hindi on X.
The Supreme Court’s interim order addressed three controversial provisions of the Waqf law. It included halting the clause requiring individuals to have practised Islam for five years before dedicating property as Waqf. The court also paused powers given to collectors for adjudicating Waqf property status and limited non-Muslim participation in Waqf boards.
Maulana Mahmood Madani, leading another faction of Jamiat Ulema-e-Hind, found the court’s decision somewhat satisfactory. He noted it offered partial relief in some cases but stressed that “the biggest and basic issue is that of Waqf by user,” which he said is integral to Islamic law.
The Supreme Court bench, led by Chief Justice B R Gavai and Justice Augustine George Masih, stated that the presumption favours a statute’s constitutionality. Intervention occurs only in exceptional cases. The bench reviewed each section of the new law but found no grounds to stay all its provisions. The Centre had notified the Act on April 8 after receiving President Droupadi Murmu’s assent on April 5. The Lok Sabha and Rajya Sabha passed the Waqf Amendment Bill on April 3 and April 4, respectively.
Jamiat Ulema-e-Hind remains hopeful that the Supreme Court will eventually abolish what they consider an oppressive law. “We are confident that the Supreme Court will abolish this oppressive law and grant us full constitutional justice,” Madani said. The court directed that the Central Waqf Council should not exceed four non-Muslim members out of 20.
Similarly, state Waqf boards should have no more than three non-Muslim members out of 11. Despite welcoming some relief from the Supreme Court’s order, Jamiat Ulema-e-Hind continues its challenge against the Waqf law in court. They argue it undermines constitutional guarantees for minorities and citizens alike.
