Senior Advocate Salman Khurshid, at the Legally Speaking dialogue, shed light on the constitutional and societal implications of the Waqf Act. Among the various points discussed, Khurshid lauded the inclusion of Muslim women on boards as a “progressive step.” He examined the proposed amendments to the Waqf Bill and their potential impact on governance, democratic values, and Islamic jurisprudence.
Inclusion of Muslim Women
One of the highlights of Khurshid’s address was his endorsement of the mandatory inclusion of Muslim women on Waqf boards, a key provision in the proposed bill. Reflecting on the historical roles of women in Islamic society, he remarked, “Women have always played significant roles, and this reform aligns with progressive principles.”
However, Khurshid emphasized that such reforms must be implemented transparently to ensure fairness and effectiveness.
While supporting the inclusion of women, Khurshid expressed reservations about another provision in the bill that proposes replacing elected Waqf board members with government-appointed individuals. He warned that this measure risks replacing democracy with autocracy unless a transparent, bipartisan process is adopted. “Reforms should enhance democracy, not erode it,” he asserted, emphasizing the need for accountability and balance in governance.
Understanding Waqf and its Socio-Economic Role
Khurshid provided a nuanced explanation of the Waqf institution, highlighting its religious, social, and economic dimensions. Protected under constitutional provisions like Article 26, Waqf serves as a safety net for indigent members of society. However, it is often misunderstood, he noted. “In India, we seem to know less about each other’s religions today than we did in the past, despite living in an age of information,” Khurshid remarked.
He also discussed the cultural differences between Islamic and Hindu traditions in addressing societal obligations. While Hindu traditions emphasize honoring parents and ancestors, Islamic traditions prioritize the welfare of progeny, a key factor in the controversy over inheritance-related provisions in the bill.Khurshid expressed concerns over the proposed removal of provisions related to inheritance rights and the questioning of the long-standing legal principle of “lost grants.” This principle allows properties historically used as Waqf to be recognized as such despite lacking documentation. “These changes could alter the foundational jurisprudence of Waqf,” he cautioned.
Regulation vs. Constitutional Safeguards in Waqf
Another critical aspect of the discussion revolved around the government’s proposals to grant district collectors greater authority and involve the Comptroller and Auditor General (CAG) in auditing Waqf properties. While regulation is essential, Khurshid raised questions about the constitutional and political implications of these measures. “Regulation must not come at the cost of constitutional safeguards or democratic values,” he said.Khurshid acknowledged the importance of reform in making Waqf institutions more efficient and inclusive. However, he emphasized the need to balance such reforms with respect for tradition and constitutional principles. “The inclusion of women is commendable, but every step must be guided by transparency and fairness,” he reiterated.
Key Takeaways
- The inclusion of Muslim women on Waqf boards is a significant and overdue reform that enhances representation.
- Replacing elected Waqf board members with government-nominated individuals raises concerns about democratic erosion.
- Proposed changes to inheritance rights and “lost grants” challenge long-standing Waqf jurisprudence.
- Increased regulation through district collectors and CAG involvement must respect constitutional safeguards.
- Reforms must balance progress with tradition and adhere to democratic and constitutional values.
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