By Pervez Bari
BENGALURU – The All India Muslim Personal Law Board (AIMPLB), in its 29th annual convention held here on November 23 & 24 has decided that despite all efforts to scrap the Waqf Amendment Bill 2024 in totality, if the bill is still passed then we will exhaust all available and possible legal, constitutional and democratic means to pressurise the government to withdraw the amendments.
Dr. S. Q. R. Ilyas, the National Spokesperson & Maulana Shah Fazlurraheem Mujaddidi, the General Secretary of AIMPLB, asserted as above while briefing media after the conclusion of the convention here on Monday (November 25).
It may be mentioned here that the 29th convention of AIMPLB concluded here yesterday late evening at Jamia Sabeelur Rashad, Bengaluru.
They said that AIMPLB convention felt that Waqf Amendment Bill 2924 was cannily crafted to usurp the waqf properties spread throughout the country. All the proposed 44 amendments and their sub-sections were evilly designed to destroy and manipulate the status of the waqf properties. Unfortunately the Joint Parliamentary Committee (JPC), which was formed to seek suggestions of stakeholders, is giving time and attention to those with no locus standi on the issue and is behaving in a partisan manner and violating rules and norms.
Dr. Ilyas said that a delegation of AIMPLB had met the JPC and presented its objections to the bill. The delegation also submitted a detailed document based on its study of the bill. When JPC invited the suggestions from general public, board awakened the Muslim citizenry to play an active role and around 3.66 crore Muslims rejected the bill using the QR code. Apart from this other Muslim groups also submitted their opinions separately. Therefore almost 5 crore Muslims rejected the bill in totality.
He said that in a democracy like India this is a substantial number; hence no sensible government should overlook this. The Board’s leadership met Opposition parties including NDA partners and requested them to reject the bill completely.
In the end we want to clear this misgiving that Waqf Act enjoys special powers. This is absolutely incorrect and false. All the endowments of Hindus, Sikhs and other communities also enjoy similar powers, he added.
Meanwhile, the 251 members of the board re elected their President, a renowned Islamic Scholar, Maulana Khalid Saifullah Rahmani, for the term 2024-2026. The President-elect appointed the office bearers for the new term. Vacant seats in different categories of founder members and term members were also filled through elections.
Apart from routine activities various pressing issues were discussed and important decisions were taken which are as follows:
1. Uniform Civil Code, (UCC) is unacceptable as it is against freedom of religion and cultural diversities, enshrined in our Constitution, under fundamental rights. The Board in no uncertain terms makes it clear that it is unacceptable to Muslims as they will never compromise with Shariah Law (Muslim Personal Law). Board considers this interference as a well thought out conspiracy of the BJP governments that will have grave ramifications and added that the Legislature of the country itself has approved the Shariat Application Act, 1937, and the Constitution of India has declared it a fundamental right under Article 25 to profess, propagate and practice religion. The family laws of other communities are also based on their own religious and ancient traditions. Therefore, tampering with them and replacing them with secular ones amounts to negation of freedom of religion and an imitation of the West.
We also proclaim that UCC is a threat to the Fundamental rights enshrined in the Constitution vide the Articles 25, 26, 29, 371A, 371E etc); Religious and cultural diversities and to the concept of ‘Unity in Diversity’; the distinct identities of religious and cultural groups; the federal structure of the country; the idea of India, enshrined in the Constitution of the country.
The Board pointed out that the UCC mentioned in the Directive Principles in Chapter IV of the Constitution, is a mere direction and are not mandatory nor can they be enforceable by the courts. Therefore the Directive Principles cannot supersede the fundamental rights enshrined in the Constitution under Chapter III. The AIMPLB has taken a decision to file a PIL petition challenging the Uttarakhand UCC in Nainital High Court.
2. The Places of Worship Act of 1991 categorically states to retain the religious character of a place of worship as it existed on Independence Day ,however it has not dissuaded litigants to falsely claim from different parts of the country, which include Gyanvapi Masjid in Varanasi, Shahi Idgah in Mathura, Bhojshala Kamal Mowla Masjid in MP, Teleywali Masjid in Lucknow and now Jama Masjid in Sambhal in UP where court ordered survey of masjid, with hindu plaintiffs claiming that it was constructed after demolishing a temple ,leading to clash which claimed life of 3 Muslim protesters by gun fire. Meanwhile, the Supreme Court in 2022 opened Pandora 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. If this Act is not restored immediately it will lead to chaos and mischief mongers claiming mosques, churches, gurudwaras etc. causing disturbances and violence in a sensitive and plural country like our leading to law and order crises.
3. Humanitarian Crisis in Palestine: “We are shocked to see the genocide carried out in Gaza and Lebanon by an illegitimate country- Israel since more than a year resulting in more than 45000 people massacred in Gaza alone, with more the two third are women and children. Almost the entire Gaza has been converted into debris and almost two million people have become refugees in their own country”.
Unfortunately India which endorsed Palestinian rights to live with dignity and self respect and has also supported two state solutions of UN is doing only lipservice. “We demand Israel to immediately stop its inhuman, barbaric bombardment and genocide in Gaza”.
4. Insulting Prophet Muhammad (PBUH): It is very unfortunate that in our country every now and then any tom, dick and harry issues an insulting and derogatory statements against our beloved Prophet Muhammad (PBUH) and go scot free, without any legal or administrative ramifications for their actions. This defamation not only hurts the Muslims around the globe but all reflects poorly on the image of our country.
Prophet Muhammad (PBUH) is a very respectful personality. “We demand government of India must take stern actions against such miscreants and give them exemplary punishment. We also demand that the government must introduce Blasphemy legislation in the Parliament banning insult to all religious and sacred personalities irrespective of their religion”.