The Centre has made it clear that state waqf boards cannot declare Ahmadiyas to be Kafirs or non-Muslims and their mosques as non-waqf property.
The Andhra Pradesh Waqf Board passed a resolution calling Ahmadiyas Kafirs and non-Muslims. After this, the Union Ministry of Minority Affairs wrote a letter to the Andhra Pradesh government, and called the Waqf Board’s resolution a hate campaign that “could have ramifications across the country.”
“A representation dated 20.7.2023 has been received from the Ahmadiyya Muslim community, vide which it has been stated that certain Waqf Boards have been opposing the Ahmadiyya Community and passing illegal resolutions declaring the community to be outside the fold of Islam,” said the letter, which has been sent to Andhra Pradesh Chief Secretary KS Jawahar Reddy asking him to intervene in the matter; according to The Indian Express.
“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 further said.
In 2012, the Andhra Pradesh State Waqf Board passed a resolution declaring the Ahmadiyya community as non-Muslim. The 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 Union 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.”
The ministry’s letter said that the Waqf Act, 1995 is a primary legislation for the administration and management of Waqf properties in India and “does not confer any power to State Waqf Boards to make such proclamations”.
“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 said.
