Grand Mufti Welcomes Partial Relief in Supreme Court Order on Waqf Amendment Act, Seeks Clarity on ‘Waqf by User’
Srinagar, Sep 15, KNT: Jammu and Kashmir’s Grand Mufti, Nasir-ul-Islam, on Monday said the Supreme Court’s decision to stay certain provisions of the Waqf (Amendment) Act has created a sense of hope among the Muslim community, though he expressed disappointment that several critical concerns remain unresolved.
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Speaking after the order to the news agency Kashmir News Trust, the Grand Mufti recalled that the Act was opposed from the very beginning as it was widely seen as “an attempt to grab Muslim property.” He said letters were sent to the authorities highlighting the dangers of the legislation, but they were ignored, forcing religious bodies to approach the Supreme Court.
“We express happiness that the Supreme Court has listened to us and provided relief on important points. But at the same time, the matter is far from over,” he said.
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Among the provisions stayed by the court, the Grand Mufti welcomed the decision to strike down the clause requiring any Muslim who donates property to Waqf to prove that he or she has been practising Islam for at least five years. He described this as a regressive clause that would have discouraged contributions to Waqf institutions.
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He also lauded the clipping of powers earlier vested in the District Collector under the amended Act. “The Collector was given arbitrary authority to adjudicate Waqf property ownership, which was against the principle of separation of powers. The court has rightly limited these powers,” he noted.
Another decision he welcomed was the restriction of non-Muslim representation on Waqf Boards. “Earlier, the provision allowed up to 11 non-Muslim members. Now the court has limited the number to three, and in the Central Waqf Council not more than four. This is a positive step,” he said.
However, the Grand Mufti voiced strong concern over the court’s silence on the issue of ‘Waqf by user, a centuries-old practice that covers properties historically associated with shrines, graveyards, and mosques. “This is a critical matter which directly affects religious and cultural heritage. Since the court has not pronounced on it, we will once again approach the Supreme Court to seek clarity and protection,” he said.
The Grand Mufti also accused authorities of unfairly targeting the Waqf Board and warned against non-Muslim members being given a role in decision-making. “It is not in the interest of Muslims that a non-Muslim will sit as a member and take decisions about Waqf. This goes against the spirit of the institution and the trust of the community,” he added.
While acknowledging the relief provided by the apex court, he reiterated that the struggle to safeguard Muslim endowments is not over. “We are satisfied that our voices were heard, but the matter needs to be taken to its logical conclusion to ensure that no arbitrary or unconstitutional control is imposed on Waqf properties,” the Grand Mufti said. [KNT]
