In a major development after the bifurcation of the erstwhile State of Jammu and Kashmir, Minority Affairs Minister Mukhtar Abbas Naqvi announced the establishment of Waqf Boards in the Union Territories of Jammu and Kashmir and Ladakh. The Cabinet Minister described that the establishment of Waqf Boards has become possible only after the revocation of Article 370. He further said that the Waqf Boards in Jammu and Kashmir and Ladakh will ensure proper utilisation of Waqf properties for the welfare of society.

Before deliberating on the issue, I would like to correct the Minority Minister. His claim that establishment of Waqf Boards in J&K and Ladakh became possible only after revocation of Article 370 is not true. Even in erstwhile J&K State, Waqf Committees existed since 1940s and it was brought under a particular bill called Jammu and Kashmir Muslims Specified Waqfs 2004. Another Act called Jammu and Kashmir Waqf Act was also enacted in the year 1978. So, Naqvi’s statement seems a political pull to justify BJPs move to revoke the special status of Jammu and Kashmir. Let’s come back to the actual discourse.

The phrase “Waqf Board” is new for majority of the Muslims – obviously for non-Muslims too – in Ladakh – but not in Kashmir. This is probably a reason that, even after such a major move, no reaction was seen from Muslim leaders or organisations in Ladakh. On such a major development the Muslims in Ladakh must know and understand the development and its plausible outcomes. The questions are; What a Waqf Board meant for Ladakh? Does it need for Ladakh? Let’s start from the beginning.

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Under the Waqf Act of 1954, “Waqf” is defined as ‘the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable’. A “Waqf board” is a legal body that ensures the appropriate administration of Waqf. This amounts to ensuring that any Waqf is properly maintained and managed, with any rent or revenue produced by the asset or property utilised appropriately under the provisions of Mohamaden law. These laws may vary depending on whether a Waqf board is either Sunni or Shia. 

The resplendent phrases in the act like appropriate utilisation, proper management attracts every human mind. However, when peeps deep into the actual functioning of the Waqf Boards these words stands mere on papers that does not reflect in action. To take some instances are: in March this year, UP State Minister for Minority Welfare Mohsin Raza alleged large scale corruption in Shia/ Sunni Waqf boards itself, in the State. In November FIRs were filed over alleged unauthorised construction of shops in the Imambara Ghulam Haider area of Prayagraj. Another FIR was filed related to another property in Kanpur, had alleged illegal sale, purchase and transfer of Waqf properties by the two Shia and Sunni boards. The irregularities are not confined to Uttar Pradesh but reported in other States also including the erstwhile State of Jammu and Kashmir. In Kashmir, former Vice Chairman of the Waqf Board Nizamuddin Bhat described the Wakf Board as the ‘hub of corruption and nepotism’.

In comparison to Muslim Waqf Boards, we see few reports of irregularities in Delhi Sikh Gurdwara Management Committee (DSGMC). There is a major reason behind it. It is because of the democratic setup of the Sikh committee. As the committee are elected by the people, they are equally accountable to its subject. However, in Waqf Board the ruling Government nominates the members where the decisions are politically motivated. They fail to bring honest and sincere members in the board.

Unlike Ladakh, Shia leaders in Kashmir opposed establishment of Shia Waqf Board in Jammu and Kashmir. The opposition from Shia leaders came immediately when Bharatiya Janata Party (BJP) leader Dr. Darakhshan Andrabi, who is also the chairperson of the Central Waqf Development Committee, demanded establishment of Shia Waqf Boards in J&K. Till date the Shia Auqafs are exempted from the Jammu and Kashmir Waqf Act. At the time of its enactment in the year 1978, Aga Syed Yousuf Al Mosvi, (Budgam) made a demand to Sheikh Mohammad Abdullah for an exemption of Shia Waqfs on the ground that such Waqfs are regulated by Shia Fiqh. 

If the BJP led government establish Shia Waqf Board in J&K and Ladakh UT, the Imam-Bargas and Mosques would go under the Waqf Board. Till date these properties in Ladakh are being run by public or villagers at local level. However, in many cases the religious organisation with the consent of villagers appoint Imams in Mosques, Mualim (teacher) in Madrasas and Mubaligs (preachers) in Imam Bargahs.

Shia leaders in Kashmir have maintained various reasons over not bringing the Shia sites under Waqf Board. Religious scholar and president JK Shia Association, Imran Raza Ansari while contesting against the establishment of Shia Waqf described it as follows.

Another Shia leader, Aga Syed Ruhullah Mehdi described that:

In addition to the above two reasons, Shia majority UT Ladakh has few more reasons to oppose the move. All the religious organisation in Ladakh, who are managing or observing the religious Muslim properties are democratic that conducts its free and fair election without fail. As a result, to date, we do not come through any irregularities or mismanagement in the properties. Thus, people in Ladakh would prefer the elected representatives over the Government nominated board to manage their affairs. Through elected representatives, the decision-making power remains indirectly in the hands of the public. In this aspect, this move of Waqf Board establishment is just like the 5 August 2019 decision; a shift from democracy to bureaucracy.

Second, the issue is not only to protect Waqf properties from misuse, but also to minimise the unnecessary external interference in the religious affairs. As we have already seen in States like UP and Delhi, any change in political realm directly cause unnecessary interference and changes in the Waqf Boards as well.

Third, most of the Waqf Properties especially Imambargah, Mosque, Makatibs and Madrasas have the primary objective of moral and behavioural preaching to its subject. Preaching for change in morality, attitude and behaviour need justice, piousness, sincerity, and dedication among the Imam and preacher. In recruiting/ nominating preacher and Imam, deep understanding in theology as well as local socio-cultural criticalities is needed. The existing religious organisations have Executive Body, Guardian Councils, Clerics Organisations that take the decision and nominate appropriate person for such posts. The government might not be able to judge appropriate person for such task. It is alleged that the appointments being done in many States are based on political affiliation and favouritism. It is the guidance and preaching of the clerics in religious organisations that the graph of crimes, misbehaviour or other problems in Ladakh are flat to the baseline.

As the existing local setup in Ladakh is already democratic, the Government should refrain from introducing any new bureaucratic type setup. As earlier, the Shia community must have the freedom to govern their affairs according to their Shia Fiqh. It is also true that the locals with their democratic and argumentative nature could rule themselves better.

The article appeared in the print version of Voice of Ladakh on 14 Dec. 2020. The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policy or position of Voice of Ladakh.