SC order on Waqf deserves second look, remove more objectionable parts to safeguard freedom of religion: Kashmir parties
By Hakeem Irfan Rashid
Copyright indiatimes
Political and religious parties in Kashmir stated that the interim Supreme Court order regarding the Waqf Amendment Bill does not address core issues but strikes at the core of the freedom of religion guaranteed by the Constitution and deserve a second look.The Muttahida Majlis-e-Ulema (MMU), the largest conglomerate of religious organisations across J&K and Ladakh headed by Mirwaiz Umar Farooq, stated that while certain provisions in the interim order of the Supreme Court on the Waqf (Amendment) Act, 2025 have been stayed, the wider constitutional and religious concerns raised by this Act remain unaddressed, leaving the community anxious and dissatisfied.“Waqf is not merely about property but about religious trust and service to Allah. Any attempt to dilute Muslim control over these sacred endowments or to erode their historic protection is unacceptable to the community and is against the principles enshrined in the constitution, which grants every religious denomination the right to manage its own religious affair,” read the MMU statement.The MMU stated that the court has provided partial interim relief which is a good indication, but they do not go far enough.“The abolition of the long-recognised principle of ‘Waqf by user’ threatens centuries-old mosques, shrines, graveyards, and community institutions that have functioned as Waqf based on continuous use, even without deeds. The mandatory requirement of a Waqf deed disregards historical realities where documents were lost or never existed, and risks stripping these properties of their sacred status,” read the statement adding, “The transfer of survey powers from independent commissioners to district collectors compromises neutrality and gives the state excessive control over religious trusts.”Live EventsThey alleged that MMU believes the amendment is a deliberate move to weaken and seize Waqf properties rather than to protect them. The MMU demanded that the Supreme Court urgently take up the matter for final hearing and safeguard the constitutional and religious rights of Muslims.Earlier this week, the Supreme Court allowed the bulk of the Waqf (Amendment) Act, 2025, to remain in force but put on hold three specific provisions amid the ongoing petitions challenging the law.J&K chief minister Omar Abdullah said SC has taken good steps in the right direction but other objectionable parts of the Act need to be removed as well. “People of only one religion and their institutions and properties were targeted through this Act. SC has understood this. If they remove other objectionable parts from the Act, it would be good,” Abdullah said.Waheed-ur Rehman Parra, the People’s Democratic Party MLA from Pulwama in southern Kashmir asked when no other religious boards has members imposed from outside their faith, why is there “step-motherly treatment” to Muslims. “Why should Waqf boards carry the burden of external interference? Further, how can a state government decide who is a “practising Muslim”? Faith is a matter of conscience and can never be subjected to government stamps,” said Parra adding, “the interim orders passed by the SC in Waqf Amendment case strikes at the core of the freedom of religion guaranteed by the Constitution and deserve a second look.”Add as a Reliable and Trusted News Source Add Now!
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