Image- BJP Karnataka/ X post | OpIndia
Minister for Housing, Waqf, and Minority Welfare, Zameer Ahmed Khan, reportedly held a meeting with Waqf officials earlier this month to address “encroachments” on Waqf lands. Following this, actions were reportedly taken against certain farmers. It’s essential to note that Karnataka is currently governed by the Congress party, which has been associated with policies perceived as favorable towards the Muslim community, and holds significant influence across state administrative ranks. Even after the end of both Islamic rule and the British Raj, the Congress party continued to support the Waqf Act in India, which has persisted since independence.
Reflecting on the current tensions, Suneel Shankarappa Tudigal, vice president of the Honwada village panchayat, explained, “The notice stated the land belonged to Shah Aminuddin Dargah, yet this dargah hasn’t existed for centuries, and our families have owned this land for generations. About 41 farmers have received notices to produce ownership records, but we are the rightful owners. If the government does not retract these notices, we will stage a major protest.”
On the other hand, Waqf Board representatives state that the notices were based on a 1974 government gazette. The term Waqf, meaning "detention" or "confinement," refers in Islamic context to property reserved exclusively for religious purposes, which cannot be sold or repurposed. Sharia law dictates that once a property is designated as Waqf, it remains so indefinitely. This raises questions as to why a secular country like India, which does not recognize Islam as its state religion, is subject to laws with origins in Sharia.
Historically, Waqf entered the Indian landscape following the establishment of Islamic rule, with one early instance under the Delhi Sultanate when Sultan Muizuddin Sam Ghaor endowed two villages to the Jama Masjid of Multan. After independence, the Congress government enacted the Waqf Act of 1995, expanding the power and jurisdiction of Waqf bodies and defining the authority of Waqf Tribunals as quasi-judicial entities with decisions that override civil court rulings. Once deemed Waqf property, the land is considered permanently endowed.
The Waqf Act has led to various property claims, including a 2022 case where the Gujarat Waqf Board claimed two islands in Bet Dwarka, significant in Hindu tradition. The Gujarat High Court dismissed the application, advising the board to modify its petition.
However, not all rulings favor those disputing Waqf claims. For instance, a landowner in Surat, Gujarat, registered his plot with the Gujarat Waqf Board, leading it to become a religious site for Muslims. Over the past 70 years, the Waqf Board has allegedly made numerous claims to lands, such as in 2022 when a Tamil Nadu village with a predominantly Hindu population was classified as Waqf property.
In another instance, a Sikh Gurudwara committee was directed by a court to hand over land in Jathlana village, Haryana, to the Waqf Board, sparking large protests. Committee members argued the Gurudwara had stood on that land since independence.
Recently, in Maharashtra’s Ahmednagar, the Waqf Board claimed 40 acres surrounding the Kanifnath temple, asserting it belonged to a Dargah. Historical records produced by temple trustees contested this, showing documentation from the pre-British era, which the District Court of Rahuri acknowledged.
Interestingly, Islamic countries like Iraq, Turkey, and Egypt do not recognize Waqf in the same way, yet numerous properties owned by non-Muslims in India remain at risk of being claimed by the Waqf Board.
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