I Welcome Inclusion of Non-muslims & Women in Waqf Boards but It Could Be Struck Down by the Courts

I welcome inclusion of non-Muslims and women in Waqf Boards but it could be struck down by the Courts: Vice-Chancellor, Chanakya National Law University, Faizan Mustafa, to Karan Thapar for The Wire.

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One of India’s foremost academic lawyers and the Vice-Chancellor of the Chanakya National Law University has said that he personally welcomes the inclusion of women and non-Muslims as well as OBCs on Waqf Boards, on the grounds of fairness and diversity, but believes there is a possibility that it could be struck down by the Courts because it breaches the principle of equal treatment of similar institutions. Faizan Mustafa’s advice to Muslim institutions contesting the passage of the Waqf Bill is to accept those parts of it that are positive and forward-looking whilst contesting those parts that they oppose.



As this is a topical and fiercely contested issue, being debated in the Lok Sabha today and the Rajya Sabha tomorrow, I will leave you to hear Prof. Mustafa’s 35-minute interview, which is detailed and comprehensive but easy to follow and understand and always full of valuable explanatory background. Instead, to help you, I will give you some of the questions put to him so that you know the issues he covers in this interview.



Here they are:



1) Let me start by asking you to explain to those who aren’t sure what is a Waqf, how you would explain it? What is its Islamic rationale? And is it still valid today in the 21st century?



2) As an academic lawyer do you have any problem with Parliament enacting a Waqf law which will clearly affect the personal law of Muslims? Clearly this won’t be the first time it happens. I believe the last occasion was 1995.



3) Let’s come to the present bill being discussed in the Lok Sabha today and the Rajya Sabha tomorrow. You deposed in front of the Joint Parliament Committee for over five hours, I believe. First, what are the provisions of the new bill that you welcome?



4) Second, what are the provisions that you are concerned about or even oppose?



5) Third, are there reform measures that the Waqf Bill should have included but has failed to do so?



6) Now newspaper reports in today’s Hindustan Times and Hindu suggest that the Waqf by user clause has been retained, all existing Waqf properties will be honoured and retained unless they are disputed or deemed government property and the power to determine whether a Waqf property is government property, which was originally conferred on a Collector, will now be conferred on a more senior officer. If these reports are true how significant is all of this?



7) From what I can tell one clause that hasn’t been altered is that non-Muslims will now be appointed to Waqf Boards. How do you view that?



8) Finally, I believe you hold the view that the Waqf Bill is a negation of the constitutional mandate for a uniform civil code and even the government’s policy of one nation one law. Why do you hold that view?



9) What is your message to the Muslim institutions contesting the passage of the Waqf Bill?




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