All India Muslim Personal Law Board to explore legal, constitutional and democratic means against proposed Waqf Amendment Bill

Reiterates its opposition to Uniform Civil Code; expresses concern over repeated attack on Prophet Mohammed and misuse of Places of Worship Act 1991

Ahead of the winter session of the Parliament where the controversial Waqf Amendment Bill 2024 is expected to be placed, the All India Muslim Personal Law Board on Monday (November 25, 2024) said that it would exhaust all available and possible legal, constitutional and democratic means to pressurise the government to withdraw the amendments.

The board met in Bengaluru for its two-day 29^th convention in which 251 members participated. Moulana Khalid Saifullah Rahmani, a renowned Islamic scholar, was re-elected president of the board till 2026.

Besides opposing the Waqf Amendment Bill, the board reiterated its opposition to the Uniform Civil Code, and objected to increasing efforts to undermine the Places of Worship Act, 1991, and insults being hurled at Prophet Mohammed.

“The Joint Parliamentary Committee formed to seek suggestions from stakeholders is giving time and attention to those with no locus standi on the issue, and is behaving in a partisan way, violating rules and norms. The bill has been cannily crafted to usurp the waqf properties across the country. All the 44 amendments and their sub-sections were evilly designed to destroy and manipulate the status of waqf properties,” the board stated on November 25.  

Stating that about 5 crore Muslims and Muslim groups have rejected the bill, the board in a note said that in a democracy it was a substantial number and no sensible government should overlook this. “It is incorrect to state that waqf properties enjoy special status since all endowments of Hindus, Sikhs and other communities also enjoy similar powers,” the board stated.

 Representatives of All India Muslim Personal Law Board and other Muslim organisations also said that they will be staging dharna before the Parliament opposing the amendments.

Opposes Uniform Civil Code

The Uniform Civil Code is unacceptable as it is against the freedom of religion and cultural diversities enshrined in the Constitution, the board said, reiterating its stand.

“The board in no uncertain terms makes it clear that it is unacceptable to Muslims as they will never compromise with Sharia law (Muslim personal law). Board considers this as interference and a well thought out conspiracy of the BJP governments that will have grave ramifications. The legislature of the country itself has approved the Shariat Application Act, 1937. The Constitution of India has declared as a fundamental right under Article 24 to profess, propagate and practice religion.”

It further said that the family laws of other communities are based on their own religious and ancient tradition, and therefore tampering with them and replacing them with secular ones amounts to negation of freedom of religion, and an imitation of the West.

The board stated: “The UCC is a threat to fundamental rights enshrined in the Constitution, religious and cultural diversities and concept of unity in diversity, the distinct identities of religious and cultural groups, federal structure of the country and the idea of India as enshrined in the Constitution.”

The UCC mentioned in the directive principles of the state policy is a mere direction and not mandatory nor is enforceable by court, and that the board has taken a decision to file the PIL petition in the high court challenging the Uttarakhand UCC.

Places of Worship Act

The board said that though the Places of Worship Act of 1991, categorically states to retain religious character of place of worship as it existed on Independence Day, it has not dissuaded litigants to make false claims, including on Gyan Vapi masjid in Varanasi, Shahi Idgah in Mathura, Bhojasala Kamal Mowla Masjid in Dhar (Madhya Pradesh), Teleywali Masjid in Lucknow, and now in Jama Masjid in Sambhal, Uttar Pradesh.

“In 2022, the Supreme Court 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.” The board warned: “If this act is not restored immediately, it will lead to chaos and mischief mongers claiming mosques, churches, gurudwaras, causing disturbances and violence in a sensitive and plural country leading to law and order crisis.”

Remarks on prophet

The board objected to insulting and derogatory statements being issued against Prophet Mohammed. The culprits do not draw any legal or administrative ramifications for their action. It urged the Union Government to take stern action against such miscreants and give them exemplary punishment.

Calling Israel an ‘illegitimate country’, the board has also expressed shock at the ‘genocide’ carried out in Gaza and Lebanon that has so far killed about 45,000 persons, and sought implementation of a two-state solution to end the conflict.

Published - November 25, 2024 02:01 pm IST