The Supreme Court has said a big thing on Waqf on the basis of Waqf by user i.e. use in the decision given on the Waqf Amendment Act. Now registration of such assets will not be done without a valid deed. The court has said that it is okay to do so to neutralize the efforts to capture government property in the name of Waqf.
A bench of Chief Justice BR Gawai and Augustin George Christ has said that according to the 1995 law, there was no need for more documents for registration of Waqf by user property. Those who have not registered the property for 30 years, they cannot argue that they should not be asked to ask for a legitimate deed of Waqf. Whatever law is, it has to be followed.
‘The condition of being a Muslim is not wrong’
Although the Supreme Court has stayed the provision in which the condition of being a Muslim for 5 years was placed for Waqf, but the court has rightly said to have such a condition in the Waqf Amendment Act. The court has said that historically it has been seen that people declare themselves Muslims to avoid some laws. This provision is correct to avoid such misuse.
The court has only stayed the provision on the basis that there is no appropriate system for confirmation of a person to follow Islam for 5 years at present. Until the government makes rules under Section 109 of the Act. Till then this provision cannot be implemented.
‘2 marriage or avoiding law is also a motive’
The court has said that in 1923, the Waqf law enchant had found that Waqf is often used as ‘clever weapons’. Many times, a purpose is to avoid the creditors to declare the property as Muslims as a Muslim. Some people start calling themselves Muslims to marry another. By doing this, he survives the law against the second marriage. It is not right to identify the real Muslim before Waqf to prevent such misuse. But in the absence of appropriate rules, it cannot be implemented at the moment