Massive challenges before Imran Khan
The general elections in the neighbouring Pakistan had evoked interest in India too for various reasons. Because, all the political situations and shifts in Pakistan have a considerable impact on India too. The establishment of strong democracy in Pakistan and its strengthening can prove to be beneficial for both countries. There was a reason to anxiously watch Pakistan election unfold with great interest. A group suspected to have deep links with the extremists was contesting in the Pakistan elections.
The group wanted to ride over leftover chunks of democracy to capture power and enter mainstream to find more acceptance to their hate rhetoric. If it had been successful, Pakistan and India would have entered into a dark phase as far as bilateral relations are concerned. Saffron terror used the same route in India, and has been partially successful too. This is something we need to have in perspective. On another hand, former Pak PM Nawaz Sharif who is carrying corruption charges on his tenure, sat in the jail and faced the elections.
This election was a massive challenge for Pakistan too. A constant threat of violence erupting at any time during the run up to the elections was a major possibility. The nation had to make this election a success to be able to retain the pressure by America, and the friendship with China. The election, however, has thrown up a very surprising verdict as its conclusion.
The party led by Imran Khan, that was assumed to be dormant, has turned into a big vote grosser this time. Imran Khan looks stands a fair chance of being the new captain of Pakistan now. With the results being out, there are allegations of vote tampering and mal practices. All the parties that lost, have been insisting that the election results be declared null and void. There are allegations of Pak army backing Imran Khan as well. With all these aspects, the results this time around are very significant for various reasons.
Primarily, those who had tried to peddle extremism have been rejected, and thus taught a lesson. Women had played a major role in the run up to the elections. This is something new and fresh in Pakistan. Nepotism has been rejected. Those who looted Pakistan have been sent home. Imran Khan’s personality is not made for politics. He has always been in international news for reasons such as cricket, and not politics. He ensured the world noticed Pakistan with his game. He had fans all across the globe, including India. He has the charisma to take Pakistan away from religious forces that have held the country to ransom. But he is now riding the tiger called the Pak army. It is highly impossible to think where this ride would land him.
He faces a lot of controversies himself, so one cannot be sure if the army will let him do his job. India had anticipated that past leaders of Pakistan would be able to do better, than their predecessors. But all of them were consumed by religious forces and were dictated by the army. Finally they just ended being corrupt politicians. Now Imran Khan stands in that space. One wonders how he would use the popularity he has gained through cricket and how he would help the future of Pakistan get better.
India committed a diplomatic blunder with its response to Imran Khan being elected. While the news of Imran Khan’s party getting a majority began to appear in the media, a minister said: “Pakistan Army is behind Imran Khan. So we do not trust him.” This could have been ignored if an RSS functionary or a BJP office bearer said this. But this response came from someone who represents the government.
A country had still not finalized its leader and India had already rejected him. This shows the political inexperience of the ruling dispensation. But, better late than never, India did mend its words eventually. It welcomed Imran’s election, and Khan also said he was keen on engaging in good relations with India, through bilateral talks. “If India can keep one step ahead, Pakistan can keep two steps in the same direction of resolution,” he said. This is a very positive outlook. Khan will also face a new challenge of managing the hugely intricate and challenging relationship with America which is expecting and pressurizing Pakistan to deliver more to make things better.
China and Pak relations are strengthening. On the personal front, Khan is said to be a man of many wives. All of them are at logger heads with each other. Plus to manage many ‘interests’ between America and China isn’t an easy task for the new leader either. It is going to be very difficult to work under the influence of Army. No matter how ‘trivial’ his personal side of life may be, it may claim his tenure as a good politician.
But then, it is imperative to expect that Imran be able to overcome these challenges and deliver good for his nation and for the others too. With that, we hope and wish, India and Pakistan enter a phase of warm relations with each other, ending the cold-enmity between both nations to progress well.
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Once a Waqf, always a Waqf
Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.
The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.
Concept of Waqf
The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.
Auqaf in India
The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.
Management of Auqaf in Karnataka
During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.
Abolition of Zamindari System
Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.
Waqf is always a Waqf
Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.
The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.
The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.
Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.
This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.
