Mumbai: Dawoodi Bohra Community Seeks Exemption From Proposed Waqf (Amendment) Bill 2024

The Dawoodi Bohra Community, headquartered in Mumbai, has told the Joint Parliamentary Committee (JPC) on the proposed Waqf (Amendment) Bill, 2024, that they want exclusion from the law.

The community made the representation through Senior Advocate Harish Salve, saying that their unique doctrines and religious practices warranted an exemption from the proposed law. The Dawoodi Bohras are Shias led by a leader called Dai al-Mutlaq or Syedna who is the representation of Imams under seclusion. Their religious and social affairs are managed by the Syedna through the Anjuman-E-Shiate Ali, headquartered in Mumbai. 

The community said it has been recognised as a distinct religious denomination by the courts and had, in the past, sought exemption from the Waqf law.

The office of the Dawoodi Bohras in Mumbai did not issue a statement on the development but confirmed that the community has made a representation to the JPC to be exempted from the law Waqf laws were passed in different states to create a board and judicial agencies to govern Muslim religious endowment. The bill, which proposes to reform the 1995 law, was introduced by the BJP in the Lok Sabha on August 8 but was referred to the JPC after opposition from other parties. 

The bill, which proposes renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, has provisions for the recomposition of the Central Waqf Council and the state Waqf boards to ensure the representation of Muslim women and non-Muslims in such bodies.

The bill also seeks to curb powers of the Waqf board to decide if a property is Waqf and the district collector proposed as the new authority for this purpose. Jagdambika Pal, Chairman of the JPC had earlier said that the  special needs of every Muslim sect, including the Bohras, Agakhanis Deobandis, Barelvis, Wahabis, Shia, Ahl-e-Hadis, and others will be accomodated in the new law.

There are allegations that the current law has limitations and gives overarching powers to Waqf Boards to claim private and public property. The Waqf (Amendment) Bill, 2024, seeks to bring reforms, introducing digitisation, stricter audits, transparency, and legal mechanisms to reclaim illegally occupied properties.The Bohra representation would mean that they want their trusts to be governed by public trusts law and not by a religious law.

According to ANI, Salve told the JPC during a meeting on Tuesday that it is a matter of record that the Dawoodi Bohra Community made a representation as far back as 1923 to be excluded from the Waqf legislation of the time. Being a numerically microscopic community, the community’s fundamental practices have regretfully been ignored by the overarching provisions for waqfs.

After a century of battling to have the Dawoodi Bohra’s voice heard.Salve said the doctrinal belief of the Dawoodi Bohras is that the current Imam, the progeny of the 21st Imam, is in seclusion, and until the Imam returns, the al-Dai al-Mutlaq is the Imam’s representative on Earth.

The al-Dai al-Mutlaq is the sole trustee who administers all the properties of the community through Muntazimeen (managers). His decisions are sacrosanct, and challenging his word or his wisdom is sacrilegious. Thus, he cannot be equated to a Mutawalli, whose duty is to fulfill the directions and wishes of the founder of the Waqf. The powers of the Waqf Board to appoint or remove a Mutawalli, if extended to the al-Dai al-Mutlaq, would, for the Dawoodi Bohra community, undermine its founding faith.

Salve said that the Dawoodi Bohras seeks exclusion from the provisions of any legislation that brings properties dedicated to charity or for the good of the community under the administration of the Waqf Board since that would be contrary to the faith and essential religious practices of the Dawoodi Bohra Community, which are protected under Articles 25 and 26 of the Constitution of India.

Tuesday's meeting was attended by groups such as Akhil Bhartiya Adhivakta Parishad led by Shreehari Borikar, Anveshak led by Gaurav Agarwal, Dr Mohammad Hanif Ahmad, Associate Professor, AMU, Aligarh, and Dr Imran Chaudhary and Group, Convener, Student and Madarsa Cell.

Pal informed ANI that the first meeting was held on August 22 and 25 meetings have been held. From November 9 to 14, we will tour many cities to meet various delegations to prepare their report.