Old Waqf Act unconstitutional, un-Islamic: BJP

Jammu, May 5: Senior Bharatiya Janata Party (BJP) leader Ashwini Upadhyay Monday stated that old Waqf Act of 1995 was unconstitutional and un-Islamic also as it was against the tenets of the holy Quran vis-‡-vis the concept of Waqf.

He claimed that the lacunae were corrected in the new Waqf Amendment Act.

Addressing a news conference, Upadhyay, joined by J&K BJP chief spokesperson Sunil Sethi and spokespersons Abhijeet Singh Jasrotia and Ankur Sharma besides others, said, ìIt (1995 Waqf Act) was unconstitutional and un-Islamic on three counts. The old Act was un-Islamic as per the concept of Waqf explained in the holy book. As per Islamic concept, any land to be given and accepted under the Waqf should belong to the donor, who should be the legal owner of that piece of land. You cannot forcibly take land or any property and make an endowment. Land should not be usurped by coercive means. This is unconstitutional as well.î

There were examples that the land of Gram Samaj, poor or underprivileged people or the land belonging to other religious structures was declared Waqf property and sold even. Secondly, the endowment made should be used for the purpose it was given. However, Waqf Act of 1995 was being misused for the vested interests and the Waqf land and properties were being used for the purposes, totally forbidden under Islam, Upadhyay said, while quoting certain examples.

However, the new Waqf Amendment Act also amended Section 40 which gave unbridled powers to the Waqf Boards to claim any property without any accountability, he claimed.

ìNew Act ensures transparency as now an endowment can be made in a legal and transparent manner after proper audit by the District Magistrate and dispensing justice to the poor Muslim. Land mafia and vested interests cannot misuse Waqf property,î he said.