Minority Affairs Ministry intervenes on Waqf Board resolution discriminating against Ahmaddiya Muslims

“This constitutes a hate campaign against the Ahmadiyya community at large and the Waqf Board neither has the jurisdiction nor authority to determine religious identity of any community including Ahmadiyyas,” the letter added.

In 2012, the Andhra Pradesh State Waqf Board passed a resolution declaring the entire Ahmadiyya community as non-Muslim. This resolution was challenged in the Andhra Pradesh High Court which issued an order for interim suspension of the resolution.

“However, despite High Court orders, Andhra Pradesh Waqf Board (present divided state) has issued another proclamation under the signature of its Chairman…,’’the ministry observed.

The Waqf Board passed another resolution in February this year stating that “In consequence to the Fatwa of Jamiat Ulema, Andhra Pradesh dated May 26th, 2009, the `Quadiani community’ is proclaimed as `kafir’ and not a Muslim.”

A sub-sect of Sunni Muslims, the Ahmadiyyas, who emerged as an Islamic revivalist movement in Punjab in the 19th century, are often referred to as ‘Quadianis’ – a slur – particularly in Pakistan where they have been declared non-Muslims.

The Ahmadiyya Muslim Jamaat India said in its representation to the Centre, that the resolution was a “clear violation of our rights” and such activities by Waqf Boards were discriminatory and a “grave violation of the Waqf Act and Indian law and constitutes a hate campaign against us.’’

The ministry’s letter observed that the Waqf Act, 1995 is primarily a legislation for administration and management of Waqf properties in India and “does not confer any power to State Waqf Boards to make such proclamations,’’ the ministry said.

“Under the provisions of the Act, and as a body of the State Government, the State Waqf Board can issue directions approved by the State Government and does not have any right to take cognizance of fatwas issued by any non-state actors,” the ministry observed. It noted that the Waqf Board had exceeded its mandate and has no locus standi in issuing such orders, particularly when it could lead to animosity and intolerance against a particular community.

One of the most persecuted sects amongst Muslims, the Ahamadiyyas were first counted as a sect in Islam in the 2011 Census, with an approximate population of one lakh.