Hyderabad: Rally from Public Garden to Raj Bhavan Against New Waqf Act soon

Hyderabad, April 14 (Maxim News): As part of the protest and agitation going on in the country against the new Waqf Act, The Association of Telangana, Sajjada Nasheen, Muthawallis and Kidmath Guzaran of Wakf led by Syed Shah Ali Akbar Nizamuddin Hussaini Saberi has decided to take out the rally from Royal Mosque (Shahi Masjid) public garden to the Raj Bhavan and submit the memorandum to the Governor to express their views to the Prime Minister Modi on New Waqf Act soon.

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Addressing the Media Conference at Dargah Hazrath Shah Khamosh (RA), here on Monday, Syed Shah Ali Akbar Nizamuddin Hussaini said that the Dargahs Muttawalis to enlighten the masses against the Waqf Amendment Act 2025 and the association are against the new Waqf Amendment Act as it is violative of Articles 13(1), 14, 15, 16, 25, 26, and 300A of the Constitution, asserting that the Act infringes upon fundamental and property rights, rendering it void under Article 13(1).

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However, they have filed the Public Interest Litigation (PIL) in the Supreme Court mentioning the grounds of Constitutional Challenge to the Waqf (Amendment) Act, 2025, stating that under Mohammedan Law, a waqf signifies permanent religious dedication, with ownership vested in the Almighty.

The Principle of “Once a waqf, always a waqf” is judicially recognised. The impungned amendment violates this core tenet by redefining waqf, deleting waqf by user.

Hyderabad: PIN in Supreme Court

Removal of verbal appointment of Mutawalli (Section 4(v)) contradicts Islamic law, where Waqfs and appointments can be oral. Sections 4(ix))a)-(d) impose discriminatory and arbitrary criteria, such as proof of Islamic faith for 5 years, violating Articles 14, 15, and 25. Erasure of Waqf by user” and ambiguous exceptions violate Article 13 and disturb settled jurisprudence.

Section 3A contravenes Islamic inheritance rules by restricting Waqf Alalaulad. Section 3 B imposes unreasonable documentation requirements, negating Waqfs by users; Sec 3C invalidates waqf status of government claimed lands without due process, violating Article 14, 25 & 300A. Section 3D negates the waqf status of protected monuments, conflicting with Sections 6 and 16 of the Ancient Monuments Act 1958. Section 3E bars Scheduled Tribe members from creating waqfs, violating Articles 14, 15, and 25.

Survey powers were transferred from the Survey Commissioner to the Collector, violating nemo judex in causa sua. Procedural mandates like newspaper publications and undefined “affected persons” encourage encroachments and discrimination. Clauses 8 and 9 remove finality of tribunal decisions and extend limitation periods for challenges to waqf notifications without clear cause – violating Articles 14 and 15

Dilution of Muslim Representation under clauses 10 and 12 after the composition of Central and State Waqf Boards. No requirement for majority Muslim representation. Enables non-Muslim majority in managing Islamic institutions, violating Articles 14, 26, and 16(5). Similarly, abolishing elections to Waqf Boards dilutes democratic structure and minority self-governance. Clause 13(ii) expands disqualifications to include vague and overbroad offences, undermining fair representation.

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The others who participated were Syed Ibrahim Hussaini Sajjad Pasha; Syed Mahmood Pasha Quadri Zarinkulah; Syed Zaheeruddin Soofi; Mir Firasat Ali Shuttari; Syed Mohd Ibrahim Quadri Zarinkulah; Syed Muzafar Ali Soofi Abululai; Syed Fazalullah Quadri Mosvi; Syed Shah Nadeemulla Hussaini; Syed Mohd Aslam Hussain Aafezi; Syed Wasiullaa Quadri; Syed Ali Hussaini; Syed Qutubuddin Hussaini and others were present. (Maxim News)

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