Waqf property | SabrangIndia News Related to Human Rights Tue, 01 Oct 2024 08:55:14 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Waqf property | SabrangIndia 32 32 The AMU Teachers’ Association (AMUTA) and Waqf Worries: Ordinary members of the Qaum are caught between a self-serving elite and a majoritarian Regime https://sabrangindia.in/the-amu-teachers-association-amuta-and-waqf-worries-ordinary-members-of-the-qaum-are-caught-between-a-self-serving-elite-and-a-majoritarian-regime/ Tue, 01 Oct 2024 08:55:14 +0000 https://sabrangindia.in/?p=38075 The author explores the entrenched hegemony in the structures at AMU that are preventing a renowned university from exploring its full potential, including commandeering a leading opposition to the recently introduced controversial Waqf Bill 2024

The post The AMU Teachers’ Association (AMUTA) and Waqf Worries: Ordinary members of the Qaum are caught between a self-serving elite and a majoritarian Regime appeared first on SabrangIndia.

]]>
A university stands for humanism, for tolerance, for reason, for progress, for the adventure of ideas and for the search for truth. It stands for the onward march of the human race towards even higher objectives. If the universities discharge their duty adequately, then it is well with the nation and the people. But if the temple of learning itself becomes a home of narrow bigotry and petty objectives, how then will the nation prosper or a people grow in stature?- [Jawaharlal Nehru ] 

Around two months ago the BJP-led government brought a flawed and ill-intended Bill to amend the Waqf Act 1995. It created a furore, and ever since, newspapers, news-portals, Youtube videos have been educating the masses through their “explainers”. Opinion pieces from experts and the theologians too have been published, interjections into the issue with their own position. All this while, the AMUTA, for whatever reasons, has not been able to call a general body meeting or hold discussion sessions. Eventually, on Sunday, September 22, 2024, they called a meeting. Given the general mood on the campus against the Bill, one assumed that there would have been a near consensus on finding ways of working out political tactics and strategies of rejecting and resisting the move. One expected there would be a discussion more on this specific aspect.

That was however not to be. Only two speakers spoke at a “sickening” length as if fellow academics sitting there were school students waiting to be educated, threadbare. This paternalism of these academics against their own colleagues made many among the audience uncomfortable. Speakers’ assumption that others had nothing significant to say, was irksome. The affair degenerated further when two of the longest speaking teachers sought yet another session to again speak on issues they claimed to have omitted to speak on! The presiding authority was generous enough to grant them a second session, again ignoring the fact that others were also competent enough to speak on the issue. These other speakers-in-waiting including this writer (who was the first among the serving AMU faculty to have intervened through his column on the Waqf Bill issue) had a right to speak at greater length: to propose preparing a draft (alternate) bill that could be put in the public domain to mobilise constructive public opinion and also to solicit support of cross-sections of people, including the opposition political parties apart from some of the allies in the ruling coalition. 

Treating the fellow academics as children

In some ways, the two longest speakers were probably right in treating their colleagues as infants or their inferiors. This has to be illustrated by a one instance. This writer used an expression to describe the Executive Council which is massively dominated by a select club of internal teachers. Hence I used the the expression, “Incestuous Club”. This expression was first used by a columnist on March 6, 2023. She then wrote, AMU’s “Executive Council, Academic Council, and the Court are incestuous clubs where everyone is everyone’s someone”.  On March 10, 2023, this piece was rebutted by a professor of law cum vice chancellor of a law university [he eventually made it to the panel for AMU-VC in October-November 2023]. His rebuttal was anything but a precise objection against any sexual connotation of the expression. The EC members aggrieved with my usage of the expression cannot claim to have been ignorant about the columns and rejoinders. The reason being, a long thread of debate on the issue has been carried on The Print.In and on Rediff.Com, besides other portals in 2023. Let it be added that a “synonymous” expression, “blind inbreeding” [in recruitments], was used by the AMU Official Enquiry Committee Report, 1961.

Ever since then (March 6, 2023), dozens of meetings of the AMU Executive Council (EC) have been held thus far. None of these four, or for that matter, other EC members, have raised any objection to the expression. Thus, their silence can be construed as their consent or endorsement of the expression. 

This writer used this expression on a Facebook (Meta) post. They didn’t object to the expression on Facebook or on Whatsapp group of the AMU teachers, called “AMU Faculty 1” where I could have helped them with Dictionary. They, in vengeance and to intimidate me, straight away silently/confidentially, submitted a complaint against this writer, to the Vice Chancellor, possibly to get me penalised or gagged. This is now admitted by at least two (in fact, three) of the four signatories that they have written to the VC to curb my academic freedom. 

The Oxford Advanced Learners’ Dictionary clearly provides the meaning of the expression, “incestuous” club, “of a group of people that have close relationships with one another and do not include people outside their group”. The Dictionary, further illustrates it, in order to make it clearer, by using the expression in a sentence: “the incestuous atmosphere of media discourse”. 

We the teachers have elected four teachers to represent us inside the Executive Council, to safeguard our academic freedom, against the Vice Chancellor. Far from doing so, they are, instead, unfortunately, approaching the VC to penalize us and curb our academic freedom.  At least one of them came to me saying, he shouldn’t have signed on such a document. I said to him that of he regrets his act, he should consider withdrawing the complaint. He declined. 

The Vice Chancellor would, one expects, understand the dictionary meaning as well as the extended meaning of the expression in question, and she will treat the reported complaint accordingly.    

The founder admin of the abovementioned WhatsApp Group of the AMU teachers (almost all Muslims) is one of the four elected members of the EC-AMU. For long, a Pakistani member was added to the WhatsApp Group. Once I spotted it and objected strongly to this. His response was, “it happened inadvertently”. My response was, if they have got a habit of submitting complaint to the VC, why shouldn’t I bring it to the notice of the VC, the Government and also to the media? They had no response.  

Further, one of the four elected members to the EC advised me to refrain from consulting dictionaries; that I should concentrate on teaching history [whereas he indulge in campus (politics) through the EC; would carry out his Tablighi Jama’at activities and the Drama Club engagements, besides doing Mathematics!]. He further preached me not to teach/discuss/raise the issues of caste. Asserting his immodesty, he insisted on adding the prefix of “Honourable” for the AMU-EC (and by implication, for its members, including himself), regardless of no such protocol specified by the AMU. 

I look upon this argument with him as one with a person who holds a right wing ideology and is committed to depoliticising the electorate. Outraged, I argued with him referring to Juan Linz’s book (2000), Totalitarian and Authoritarian Regimes, which argues that, authoritarianism relies upon a “mentality” (“way of thinking and feeling more emotional than rational that provide non-codified ways of reacting to different situations”). Thus, by depoliticising common people and by trapping them into irrationalities they facilitate variants of authoritarianism and the personality cult (to which, let me add) of “honourables”.  Such people choose to forget that honour is commanded, not demanded. I wish there was a provision of right to recall such representatives!” He had no response to this on the WhatsApp Group.

Another elected representative, the Joint Secretary of the AMUTA, while inviting the teachers to attend the meeting on the Waqf issue, first circulated an “intimidating” message as to whosoever from among the AMU teachers is referring to the faults (retrogression on caste and gender) of India’s Muslims in the 1970s-1980s and asks the Qaum to self-introspect in order to find out the possible reasons of the rise of Neo Hindutva, according to him, amounts to “blaming the victim” and therefore s/he is a Qaum’s villain; therefore only he can command teachers to attend the meeting.  

In a Muslim majority campus like AMU, any academic with an independent (read “contrarian”) view, is already demonised as Qaum’s traitor, by the elected representative. Given the prevalence of competitive right wing radicalism, such intolerance and provocations might endanger the life of the insider-academics espousing “contrarian” views on such issues.  

Be that as it may, the point I am trying to make here is: (1) Either the two long, self-indulgent speakers on the Waqf issue were absolutely right in treating the fellow academics as school kids with spoon-feeding as pedagogy. Or, (2) The speakers are too self-obsessed and narcissistic to make way for listening to fellow colleagues and more importantly to concentrate more on working out the strategies of resistance. Or, (3) They harboured an intention to consume much of time and thereby not letting this session culminate into working out a strategy to resist in a comprehensive way, by a longer discussion on that specific aspect? (To be fair to them, this is less likely, though).

Anyway, on the intervention of fellow academics in the assembly, focus was brought back to working out a draft bill. This would eventually be endorsed by the academics attending the meeting (There was a thin presence in the meeting).   

Alienation of the Qaum, or disjunction between the Qaum and its self-serving elite    

Most interesting aspect is, these educated elites of the Qaum were then pledging to fight the BJP regime, whereas, the commoners of the Qaum have already been on the streets against the Waqf Bill for the last many weeks. Barring one or two exception, the collective of the AMU teachers seem to have risen to register their protest belatedly. This shows how yawning is the gap between the commoners of the Qaum and its educated, affluent elites!

Even more importantly, while these elites do persuade the commoners of the Qaum to keep waging wars against the ruling dispensation, they themselves behave with cunning opportunism. Consider the empanelment result of the AMU-VC in October-November 2023. Unlike other central universities, AMU empanels its VC through its own EC and Court (both the bodies excessively dominated by internal members), without advertising the position to invite application from across India. This select Club (EC & Court) eventually ended up empanelling all the three from the internal faculty members in November 2023. The predecessor VC too was not only internal faculty but also a resident of the town for the last few generations; he eventually became a legislator belonging to the ruling Bharatiya Janata Party (BJP) in UP Council as well as vice president of the ruling party. This unprecedented inbreeding was so brazen that some of the internal teachers seeking to be empanelled as VC have approached the Allahabad High Court to challenge this. 

Insiders in the AMU know too well as to which of these (empanelled) candidates for VC-ship or their alleged patrons have been writing columns in favour of the BJP-RSS in the national English dailies, testifying further to their opportunism. AMU insiders also know it very well as to which of the AMU teachers (aligning with Muslim BJP legislator) canvassed for the BJP candidates in the 2024 Lok Sabha elections. Videos of such event(s) had circulated among the AMU teachers and on the social media. The AMU insiders also know with considerable clarity as to which of the EC members (from among the AMU teachers and teacher-administrators in the EC), and their clouts, were inclined towards which of these “pro-regime” candidates for VC-ship. 

The short point is: sections of these elite Clubs of AMU have already aligned with the ruling BJP and at the same time the Club has also been instigating the commoners to keep fighting the BJP and facing reprisals from the hate-filled vindictive regime. Understandably, this approach provides such opportunist elites with stronger bargaining power vis a vis the governing party.  

AMU’s Own “Anti-Waqf” (mis) deeds

The AMU itself is alleged to have indulged in erasing the names and identities of the Waaqif (the donor of land estates and assets who institutes/creates the Waqf or charitable endowment). For instance, it has been reliably learnt that the renowned physicist cum the last principal of the MAO College (when it became incorporated into AMU in 1920) and also the founder of the department of Physics in the Lucknow University, Prof. Wali Mohammad (1886-1968) had instituted the Waqf for AMU; one of these is the costly land on which a residential Hall of students is existing. The Hall is named after Nadim Tarin who bore the construction cost of the students’ residential Hall. Sadly, the name of the donor/waaqif of the land stands obliterated. We are told, there could be many such Waqf estates and assets dedicated to AMU, wherein the Waaqifs/donors remain unacknowledged and anonymized.  

In other words, with such state of affairs and the corruption of land-grabbing (by the influential people within the state administration, Waqf Boards and society), ordinary Muslims have become cynical. There is a huge deficit of the people’s connect with the Waqf estates and assets. This would dissuade the common people from adequately agitating and mobilising against the Waqf Bill 2024. This in turn, one apprehends, would fail to mount as much of pressure on the regime, as is required. 

I made similar arguments in my essay as to how and why the current dispensation succeeded in demonising the best of our universities. Questioning the relevance of India’s elite institutions to the social and economic challenges facing Indian societies, I argued that the lack of socially relevant research and teaching has contributed in part to society’s disaffection with “our respectable institutions.”   

The significant disconnect between the educated elites and the common Muslims pose a critical challenge. As highlighted by Omar Khalidi (2010) who records a damning indictment: “[research] publications on Indian Muslims since 1950 to 2010 reveals that the three AMU faculty combined [Political Science, Sociology, Economics] have contributed little to the burgeoning literature on Indian Muslims”. Of course, the Indian state didn’t stop them from carrying out such researches on the India’s Muslim communities.

 Moreover, as Daniele Struppa notes, “A university is a microcosm of our larger society that reflects different beliefs, ideologies, experiences, and backgrounds. While that is exactly what I love about a university community, it also comes with the reality that prejudice lives within our communities as well: we are not immune to the ills of our society”. 

Given this concern, the challenge before the academia in our times is to establish an effective and efficacious connect with the rest of the society, if the current democratic downslide has to be resisted and arrested with forging solidarities. Quite a number of teachers (with clout) in AMU, at the moment, seem to be missing this point, as they are the ones either falling into the trap of becoming practioners of Muslim communalism or aligning opportunistically with the Hindu Right, or both. Patronage-distribution and clientelism is embedded in the governance structures of AMU. So much so that some teachers have shamelessly been continuing in certain administrative offices of the AMU for the last 10 to 12 years, or even more! Some of them holding three administrative positions concurrently, compromising with their teaching; forget about their research. Their clout is so entrenched that successive VCs have failed to replace them with new faces in the University administration. 

Such a pathetic state of affairs needs to be addressed immediately by many reforms including change in composition of the EC, which defiantly adopts any kind of resolution, disregarding financial implications, sense of justice and the government’s or UGC’s inviolable norms. For instance, for recruitments in the AMU schools, they have outrageously reversed the norms of the Kendriya Vidyalaya Sangathan (KVS, which has got only 30% component on interview and 70% component on written test-for admissions). In contrast, the requirement for AMU schools is reversed,  70% for the interview and only 30% for written test. This is obviously designed to favour their own candidates, already recruited on a temporary basis, in large numbers, over the last many years. Likewise, in certain cases, some influential employees have placed themselves in Old Pension Scheme despite having been recruited on regular basis after 2004 (even advertisement of the post was after 2004 making it even stronger case of New Pension Scheme). The Audit and Account of the government needs thoroughly probe this. The examination system is thoroughly compromised even at the level of question paper-setting and moderation. Yet, the Controller of Examinations has been continuing in his office for very long. The rules state that tenure-statutory administrative positions of the University are required to be advertised and filled every five years. There are many such irregularities, including financial chaos, which need probing by independent government agencies. The assets of such teacher-administrators need to be probed by such agencies too.

The question for the ordinary men and women of the Qaum is: if their educated and affluent elites can’t mount enough pressure upon the AMU-VC to replace these clouts and reshuffle the AMU administration then such a weak-kneed and helpless lot can’t be expected to muster enough strength to press the current dispensation in New Delhi to withdraw the Waqf Bill 2024.  

Most important of all, ordinary Muslims need to be alerted by the conscientious section of people, that a chunk of their educated and affluent elites have switched over to the saffron establishment, leaving them vulnerable, isolated and, above all, helpless to fend for themselves. Felix Pal (2020) has documented a section of western UP Muslim elites opportunistically joining saffron outfits.

The time has come for the AMU [Teachers’ Association] and the communities to rise to the occasion and unite their members. They must actively engage in strategies that not only resist the Waqf Amendment Bill but also address the broader implications of elite’s perfidious detachment from the community. Only by fostering a genuine dialogue and acknowledging the voices of all constituents can we hope to challenge the majoritarian regime effectively. The survival and dignity of the embattled Qaum of Indian Muslims and the country’s organic plurality depend on it. 

(The author is a Professor of History, Aligarh Muslim University)

Related:

The Waqf Bill 2024: An Open Letter to the Joint Committee of Parliament, the Opposition, and India’s Muslim Communities

Three Banes of India’s Muslims: Victimhood Syndrome, Power Theology, Obsession with Identity Politics

No Central Funds, Aligarh Muslim University’s Second Campus in West Bengal Faces Uncertain Future

The post The AMU Teachers’ Association (AMUTA) and Waqf Worries: Ordinary members of the Qaum are caught between a self-serving elite and a majoritarian Regime appeared first on SabrangIndia.

]]>
The Waqf Bill 2024: An Open Letter to the Joint Committee of Parliament, the Opposition, and India’s Muslim Communities https://sabrangindia.in/the-waqf-bill-2024-an-open-letter-to-the-joint-committee-of-parliament-the-opposition-and-indias-muslim-communities/ Tue, 20 Aug 2024 10:12:40 +0000 https://sabrangindia.in/?p=37365 The United Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill 2024, introduced by the ruling BJP-led Union government, has now been referred to the Joint Committee of Parliament (JCP) for further examination. Upon reviewing the draft Bill and observing reactions from the Opposition, media, and academics, it becomes evident that a crucial aspect is missing […]

The post The Waqf Bill 2024: An Open Letter to the Joint Committee of Parliament, the Opposition, and India’s Muslim Communities appeared first on SabrangIndia.

]]>
The United Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill 2024, introduced by the ruling BJP-led Union government, has now been referred to the Joint Committee of Parliament (JCP) for further examination. Upon reviewing the draft Bill and observing reactions from the Opposition, media, and academics, it becomes evident that a crucial aspect is missing from the discourse. The responses from Muslim organisations follow a familiar pattern: an outright rejection of reforms deemed as religious matters, coupled with a resistance to any state intervention aimed at reforming these areas. This has been the typical stance on issues like Muslim Personal Law, Muslim University governance, and Waqf administration.

This reaction necessitates an intervention to bring forth a broader perspective.

The scope of the flawed bill

The proposed Bill ostensibly addresses the management and mismanagement of Waqf properties, rather than delving into the theological or historical legitimacy of Waqf as an institution. It seeks to address concerns about the assets held under Waqf, the proceeds they generate, and the persistent corruption within the Waqf administration. However, some Opposition leaders seem to be treating the Waqf Bill in the same way as they have treated other religious matters, such as the Shariat Act of 1937 and the governance of Aligarh Muslim University (AMU).

It is important to clarify that, regardless of the Supreme Court’s upcoming verdict on AMU’s minority status, structural reforms in the governance of AMU will remain unresolved. For instance, the AMU will still have a preponderance (over 80%) of membership of the internal teachers in the Executive Council. In all these cases, there exists a widely held belief within all Muslim communities that the state should not interfere, that no reforms should emerge from within the community, and that these matters are divinely ordained and therefore immutable. This belief perpetuates a sense of Muslim exceptionalism, exclusivity, and isolation from the state.

Both the government and the Opposition appear to be engaging in the usual “vote-bank politics”, addressing their respective constituencies based on identity. This approach has already caused significant harm to India’s Muslim communities, due to the bizarre stance of their own self-serving elites as well as the ruling and intellectual elites of the country. It is crucial for ordinary Muslims to be informed by their theological and secular institutions (such as Deoband, Nadwah, Aligarh Muslim University, Jamia Millia Islamia, and MANU Hyderabad) that Waqf, arguably, does not have explicit Quranic or Shariah mandates. Imam Abu Hanifa (699-767) also didn’t approve of it as an institution indisputably and explicitly sanctioned by Sharia. Waqf-e-Aam and Waqf-e-Aulad (types of Waqf) are often more about circumventing Quranic inheritance rules and preventing division among heirs than about altruism and charity and public welfare. They are not divinely ordained.

The historical context of Waqf

In the latter half of the 19th century, Waqf in India became a means to fund identity politics and secure representation in colonial governance institutions. Gregory Kozlowski’s 1985 book, Muslim Endowments and Society in British India, highlights that most Waqfs in India emerged during this period when the colonial state turned land into a commodity. Sir Syed Ahmad Khan (1817-1898), a visionary pragmatist, was aware of both the British Indian judges’ concerns about Waqf-e-Aulad (Waqf for descendants) and the self-interests of the Muslim landed aristocracy. British judges rightly saw Waqf-e-Aulad as circumvention of Quranic inheritance laws and in their judgments invalidated many of these Waqfs, as they lacked charitable elements. This is why they kept invalidating such Awqaf, annoying the Muslim landed elites turning into Waqifs.

Sir Syed therefore, proposed a middle path. In 1879 –as member of the Viceroy’s Legislative council– he introduced a draft bill advocating that Waqf properties be used also for more meaningful and tangible charitable purposes such as education, healthcare, and social welfare, not just for mosques and madrasas. He argued that if managed properly, Waqf could be a powerful tool for social change and community development, brings out Prof. Shafey Kidwai’s column (India Today, August 13, 2024). Sir Syed’s proposal was also published in 1877 in his periodical Tehzibul Akhlaq, with the title, ‘A Proposal for Salvaging Muslim Families from Extinction and Destruction’. This was vehemently opposed by orthodox Muslims who saw the insistence on charity and public welfare as an innovation (bidat). As a result, Sir Syed succumbing to the conservatives and orthodoxy withdrew the bill.

In contrast, Muhammad Ali Jinnah, the cunning politician, by the second decade of the 19th century, jumped in to protect the interests of the Muslim landed elites who needed the Waqf Validation Act of 1913. This act, supported by the colonial state, aimed to safeguard the landed assets of these elites, who were seen as potential allies against the growing anti-colonial movement. The Swadeshi Movement, which opposed the religious-communal partition of Bengal, had forced the colonial state to annul the (Bengal) partition in 1911-192, necessitating a political arrangement to secure Muslim support.

Such a political arrangement to safeguard the monopoly on landed assets is equally true for the Mahanths and their Mutths .Unfortunately this institution of Mahanths and Maths remains under-explored by the historians of peasant and agrarian relations. Prakash Jha’s film Mrityudand (1997) attempts to depict some of the degenerative aspects of the institution of Mahanth, but it eventually turned more into a melodramatic movie.

The BJP has got no intent of introducing a similar Bill to reform this Hindu institution of MahanthsMuths? This is therefore an additional reason why Muslim communities look upon the proposed Bill with alarming concern, as it creates an impression of targeting only Muslims with discriminatory treatment. One more apprehension is, turning the Bill into a tool to harass Muslims by local majoritarian forces and outfits in those smaller villages and mohallas where written deeds of a Waqf and mosques aren’t available.

The nature of Waqf: Neither divine nor immutable

Waqf is not the exact equivalent of charitable endowments in the “Christian” West. In many cases, as said earlier, it is a means of circumventing Quranic inheritance regulations. Just as the community’s elites have misled others into believing that Shariat is divinely ordained, Waqf has also been portrayed as an immutable, divinely sanctioned institution. This deception needs to be exposed for the greater common good.

Moreover, the looting and encroachment of Waqf assets have been a recurring issue across the Islamic world since the 7th century AD. This mismanagement occurred with the earliest prominent Waqfs, such as Khyber and Sawad (Iraq) during Caliph Umar’s time, and the Rumlah (Palestine) Waqf established in 912 AD by a person named Faíq (which has earliest surviving written record-stone inscription). All three “earliest” Waqf estates have since become non-existent, as their assets were looted by military and other elites!

Waqf mismanagement and loot

The looting of Waqf assets is almost as old as the institution itself. In India, there is a consensus that Waqf properties suffer from gross mismanagement and looting. Despite numerous legislations, the loot continues unabated. The existing laws, therefore, require a thorough re-examination. Unfortunately, neither the ruling party nor the Opposition has highlighted this consensus in the Lok Sabha, in media, or in academic debates. The near silence of academics from institutions like AMU and JMI on this matter is particularly notable.

The “Muslim-friendly” “secular” Opposition refrains from addressing Waqf loot because doing so would justify the need for the Bill. This also explains why their interventions in the Lok Sabha are superficial and merely rhetorical. The Opposition cannot afford to state frankly that Waqf is not divine and requires human intervention for reform in order to prevent its loot and redirect it for the welfare and empowerment of the Muslim communities.

Academics, theologians and other knowledge elites have been shallow in their interventions. They have not voiced the concerns and apprehensions they discuss privately about the implications of the proposed Bill. The Muslim community needs to see through this politics, not only of the politicians but also of their own knowledge elites. Why aren’t these academics helping legislators and the community understand the issue in a holistic manner?

The real threat posed by the Bill is to the elites within the Muslim community. The proposed Bill challenges the exclusive Muslim representation in Waqf Boards as mandated by Section/clause 14 of the Waqf Act of 1995. This section, which deals with the social composition of Board Executives, is being questioned in the new Bill. The provision for Muslim-exclusive privileges in Waqf representation is being removed, which is a significant point of concern, alarm and contention. Another alarming concern is the proposal to do away with the enabling provisions enshrined in section 40 of the Waqf Act, 1995. It gives powers to the Board to acquire, issue notices or hold an enquiry into the ownership of the property that it has reasons to believe belongs to the Waqf.

Proposed reforms

While the proposed Bill has its deep flaws, the lack of detailed articulation by its opponents hinders constructive debate. Historically, state intervention has sometimes yielded positive results, as seen in the Mohsin Waqf of Hooghly, where the British colonial state established the Mohsin Hooghly College in 1836, going beyond the original terms of the original Waqf. The Waqf Bill of 2024 should explicitly incorporate such progressive steps. Parliament should legislate to ensure Waqf Boards take similar rewarding actions.

Muslim communities must abandon their collective hypocrisy. For instance, the practices, such as Instant Triple Talaq (ITT), are un-Quranic yet they stubbornly refuse to reform themselves as much as they resist the state intervention. Despite, Ali Miyan Nadvi’s assurance to the then Prime Minister Rajiv Gandhi, the AIMPLB refuses to provide for maintenance to divorced Muslim women. They keep opposing the Supreme Court verdicts in this regard.  Likewise, adoption of a child is not prohibited by Quran (it only prohibits concealing the biological paternity of the child adopted) and custody is absolutely valid as was the case with Zayd the adopted son of the Prophet Muhammad, yet, the All India Muslim Personal Law Board (AIMPLB) refuses to reform it. Their stubbornness is immensely supported by most of the academics of the modern institutions such as the AMU and JMI. Political leaders like Akhilesh Yadav, Asaduddin Owaisi, and the All India Muslim Personal Law Board (AIMPLB) must take a clear stand on this issue.

Some Tentative Recommendations for the Waqf Bill 2024

  1. Creation of a Waqf Tribunal: Establish a tribunal consisting of judges of the rank of High Court judges as the exclusive body for resolving Waqf cases, with the Supreme Court as the appellate authority.
  2. Enhanced Land Survey: A Land Survey Commissioner should be comprised of at least three officers in each Board.
  3. Mandatory Gender and Caste Representation: The Waqf Board’s composition should be diversified and this should be made mandatory (with Muslims of all castes and women as members).
  4. Digital Transparency: Waqf assets, deeds, and real estate records should be digitized and made publicly accessible online for transparency and vigilance.
  5. Promotion of Charitable Activities: The Bill should mandate that Waqf properties be used aggressively for establishing modern educational and research institutions, especially quality residential schools under Article 30 of the Constitution.
  6. Strict Penalties for Mismanagement: Penalties for those who grab, usurp or mismanage Waqf properties should not be diluted. Rigorous imprisonment should be enforced.
  7. Memorialization of Waqf Creators: Waqf creators (Waqif) should be remembered in a befitting manner, be honored, and their deeds digitized and made publicly available.
  8. Defined Roles for Mutawallis: The roles of Mutawallis (Waqf administrators) should be clearly defined, with fixed tenures of 3-5 years. Eligibility criteria should be established for their appointment.
  9. Accountability Mechanisms: A robust check and balance mechanism should be implemented for both Mutawallis and Waqf Boards.
  10. Mandatory annual auditing, and the income of the Waqf Boards should be made available for public vigilance.

Hope, the stakeholders would listen to the above words!

(The author is a Professor of History, Aligarh Muslim University)

The post The Waqf Bill 2024: An Open Letter to the Joint Committee of Parliament, the Opposition, and India’s Muslim Communities appeared first on SabrangIndia.

]]>
Barabanki mosque demolition: Cops booked 8 committee members for fraud https://sabrangindia.in/barabanki-mosque-demolition-cops-booked-8-committee-members-fraud/ Sat, 22 May 2021 08:47:22 +0000 http://localhost/sabrangv4/2021/05/22/barabanki-mosque-demolition-cops-booked-8-committee-members-fraud/ Police say those named in the FIR had “fraudulently got a structure in the tehsil premises registered as a Waqf property”

The post Barabanki mosque demolition: Cops booked 8 committee members for fraud appeared first on SabrangIndia.

]]>
Image Courtesy:ummid.com

A case has been lodged at the Ramsanehi Ghat police station night under IPC sections including 419 (cheating by personation), 420 (cheating), 467 (forgery), 471 (using as genuine a forged), reports the Indian Express. The Barabanki Police, stated the news report, lodged a case on Thursday night against eight people “who were members of a committee”, this includes a former UP Sunni Central Waqf Board inspector, accusing them of “fraud and cheating” reportedly to get the mosque that was demolished registered as a Waqf property.

The Gareeb Nawaz Masjid that had existed peacefully in Ram Sanehi Ghat, a city in Barabanki, in Uttar Pradesh, for decades, was demolished earlier this week. The destruction of the Mosque was reportedly in violation of a High Court order that had said no action was to be taken till the end of May. This demolition has had a massive impact on the community in Uttar Pradesh, already a communally sensitive state. The Guardian had put the report under the global spotlight saying this is “one of the most inflammatory actions taken against a Muslim place of worship since the demolition of the Babri Mosque by a mob of Hindu nationalist rioters in 1992.”

While the district administration continues to maintain that the mosque was an “illegal construction”, it is on the records of the Sunni Central Waqf Board documents as ‘Tehsil Masjid’ for the last six decades, reported the BBC. Those in charge of the mosque told the media that it is even older, as the record books came into existence much later than the structure. The Uttar Pradesh Sunni Central Waqf Board has called the administration’s action illegal, and is likely to challenge it in the High Court, stated the news report. 

However, according to the Indian Express report, now the Ramsanehi Ghat Station House Officer (SHO) Sachidanand Rai said that those named in the FIR had “fraudulently got a structure in the tehsil premises registered as a Waqf property” adding that. “In order to do so, they had formed a committee.” The FIR names committee president Mushtaq Ali, vice president Waqeel Ahmad, secretary Mohamad Aneesh, members Dastageer, Afzaal, Mohammad Naseem, and then UP Sunni Central Waqf Board Inspector Mohammad Taha stated the IE, adding that according to the complaint lodged by District Minority Welfare Officer Sonu Kumar, the alleged “fraudulent registration” was done in 2019. 

The IE quotes from the complaint: “This is to bring to your notice that these people formed a committee and then through cheating and fraud got a structure registered as a Waqf property on January 5, 2019. The structure is within the Ramsanehi Ghat tehsil and is opposite the SDM residence… These facts have come to light in a probe done by Tehsildar Ramsnehi Ghat. This was done under a conspiracy, which included these people and also then UP Sunni Central Waqf Board Inspector Mohammad Taha.”

Meanwhile, the Sunni Central Waqf Board has already stated that it will move the High Court demanding “restoration of the mosque, a high level judicial inquiry and action against the guilty officials”.

Related:

Barabanki mosque demolition: UP Sunni Central Waqf Board to approach High Court

The post Barabanki mosque demolition: Cops booked 8 committee members for fraud appeared first on SabrangIndia.

]]>