#Waqf Tribunal

[harvardfineartslib]

Middle East Medievalists (MEM,) an association of scholars promoting the study of medieval Middle East awarded its Lifetime Achievement Award to our former colleague, András Riedlmayer for his service as librarian and archivist at Harvard and his work cataloging crimes against cultural heritage in the Balkans, including testifying in international war crimes tribunals against Slobodan Milošević. We are so proud of András!

For those of you who are not familiar with András lifework on documenting crimes against cultural heritage in the Balkans, you can listen to the interview on Ottoman History Podcast. https://www.ottomanhistorypodcast.com/2017/03/balkan-waqf.html

The destruction of Ottoman-era waqf institutions and other cultural heritage in the Balkans during the wars of the 1990s was extensive, from masjids and tekkes to bridges and libraries. A bibliographer at Harvard's Fine Arts Library, András Riedlmayer, traveled throughout the region to document this destruction during and after the wars. In this podcast, Riedlmayer describes his work on waqf institutions in the Balkans and his testimonies about the destruction of culture for international war tribunals over the last two decades. We discuss the fate of antiquities during wars and the ethical implications for historians, collectors and museums. (From Ottoman History Podcast: Documenting the Destruction of Balkan Waqf Institutions, Episode 305)

Image 1: András testifying at the International Court of Justice in March, 2006 (Photo courtesy of András Riedlmayer)

Image 2: Carralevë, Kosovo. Inside the burned-out village mosque, October 1999. Torn and desecrated pages from Qur’ans and religious books in the aftermath of the Kosovo war. (Photo courtesy of András Riedlmayer)

[trustednewstribune]

Ex-Waqf House Panel Chief Rahman Khan Criticizes New Waqf Bill, Welcomes Joint Committee Review

K Rahman Khan, a veteran Congress leader and former Union minority affairs minister, has raised significant concerns about the new Waqf Amendment Bill introduced by the Narendra Modi government. Khan, who led a Joint Parliamentary Committee on Waqf in the late 1990s and early 2000s, believes the new legislation could undo key reforms established by the Waqf Act of 1995 and its 2013 amendments.

Background and Concerns

The new Bill, introduced in the Lok Sabha, has sparked controversy and opposition from various quarters. Critics, including Khan, argue that the government has bypassed essential consultations with stakeholders, including the All India Muslim Personal Law Board (AIMPLB) and other organizations crucial to Waqf affairs.

In an interview with The Indian Express, Khan expressed his discontent with the lack of stakeholder engagement, noting that the previous amendments in 2013 were well-received by the Muslim community and addressed numerous issues related to Waqf properties. The 2013 amendments aimed to curb illegal encroachments and made them criminal offenses, improvements Khan feels are now under threat.

Key Issues with the New Bill

Khan outlined several major issues with the new Bill:

Reversal of Reforms: The proposed legislation seems to roll back the progress made by the 1995 Act and the 2013 amendments. Khan criticized the move to abolish Waqf Tribunals and the requirement for all Waqf properties to re-register, which he believes will lead to significant administrative challenges and potential exclusion of properties without formal deeds.

Impact on Waqf Boards: The Bill removes provisions that allowed Waqf Boards to independently register properties and introduces non-Muslims into Waqf Boards, which Khan argues is inappropriate for managing Muslim charitable and religious affairs.

Government's Stance and Future Review

The BJP argues that the Bill will increase transparency and ensure better representation of women in Waqf Boards. However, Khan disputes these claims, questioning the rationale behind including non-Muslims in Waqf Board management.

Despite his criticisms, Khan welcomed the decision to send the Bill to a Joint Committee of Parliament for detailed discussion. He views this as a positive step, allowing for a thorough examination of the Bill and ensuring that various stakeholders can present their perspectives before the legislation moves forward.

Khan’s comments highlight the ongoing debate over the Waqf Amendment Bill and underscore the need for comprehensive dialogue and consideration of all viewpoints before enacting significant changes to existing laws.

[buzz-london]

Book on what's on Temple Mount is on the linkedin page in the link above.

Let me take you to a short tour onto the Temple Mount, the very same location that the Palestinians and the whole Arab world behind them fight for. The same place that the bloody massacre of October 7th was called after: Al Aqsa Storm.

I am not a tour guide, and not an historian. So I will base my tour on "A brief guide to the Mountain Temple", published in 1925 by the Supreme Muslim Council, a.k.a. today as the Muslim Waqf.

Yes. You heard right. Published by the Muslim Waqf.

It says: "...The site is one of the oldest in the world. Its sanctity dates from the earliest (perhaps prehistoric) times. It's identity with the site of Solomon's Temple is beyond dispute. This, too, is the spot, according to the universal belief, on which "David built there an altar unto the Lord, and offered burnt offerings and peace offerings"... "

It further describes how Calif Omar occupied Jerusalem, repaired the neglected site and built the "Mosque of Omar".

The guide continues: "... Jerusalem was a holy city, to Moslems as well as to others... Crusaders occupied the Haram area (in 1099) and turned its monuments to different uses... In 1187 Saladin captured Jerusalem and drove the crusaders out... The Haram Area has remained in Moslem hands ever since...".

In the Dome of the Rock description chapter, 4 gates are mentioned: the West Gate, the Gate of Paradise, the South Gate, and... the Gate of David, Bab Daud. Also, it says, on the south side of the Dome of the Rock you can find Mahkamat Daud (i.e. Tribunal of David): "...this was a place of Judgement where verdicts were given by a miraculous chain. For as the legend has it, a chain was once suspended from heaven over this spot, to which it was the practice in Solomon's time to appeal in cases of conflicting evidence...".

Following that comes a description of the history, structure and beauty of Al Aqsa mosque. And then: The Substructures. "... South East corner of the Haram Area... staircase leads down to the vast subterranean substructures known as Solomon's Stables... The first flight of steps takes us down to the small chamber, now used as a place of Moslem worship, which was believed in medieval times to have been associated with Jesus Christ infancy... In the west wall of the chamber, a door opens into a staircase descending to Solomon's Stables...Little is known for certain of the early history of the chamber itself. It dates probably as far back as the construction of Solomon's Temple. According to Josephus, it was in existence and was used as a place of refuge by the Jews at the time of the conquest of Jerusalem by Titus in the year 70 A.D.. ".

Our tour ends now. It has been a pleasure. All credits go to the Supreme Muslim Council, the Waqf. Thank you! I rest my case. You wrote it yourself. We were here first.

[krazyshoppy]

गुजरात HC ने वक्फ ट्रिब्यूनल को भेजा नोटिस, जानिए- क्या है मामला

गुजरात HC ने वक्फ ट्रिब्यूनल को भेजा नोटिस, जानिए- क्या है मामला

Gujarat HC: गुजरात हाईकोर्ट ने सोमवार को अदालत की अवमानना ​​याचिका पर गुजरात राज्य वक्फ ट्रिब्यूनल के अध्यक्ष और दो सदस्यों को एक नोटिस जारी किया. अर्जी में आरोप लगाया गया है क��� ट्रिब्यूनल ने हाईकोर्ट के स्टे के बावजूद आदेश पारित किया. एक वकील शकील कुरैशी के अनुसार, मामला खंभात में 4 एकड़ जमीन का है जो मूल रूप से इलाके के तत्कालीन नवाब का था.  क्या है पूरा मामला? नवाब ने जमीन पर एक धार्मिक संरचना…

[creepingsharia]

Illinois: Circuit judge candidate in DuPage County has Muslim Brotherhood ties

Azam Nizamuddin was counsel for Islamic group designated by the DOJ as an unindicted co-conspirator in the largest terrorist financing case in America history, and is still an executive at one of the group’s subsidiaries.

By Hesham Shehab

Early October, the president of Muslim Bar Association of Illinois, Dr. Azam Nizamuddin, announced that he is the Democratic candidate for the position of circuit judge in Dupage County, Illinois's second-most populous county, in 2020.

As a lawyer with twenty years of experience, adjunct professor of theology, and interfaith activist, Nizamuddin may sound like the perfect candidate for the job, but his background also raises some concerns.

In 2015, Nizamuddin was appointed general counsel and deputy executive director of North American Islamic Trust, Inc. (NAIT).  Nizamuddin also serves as chief compliance officer for NAIT's for-profit subsidiary, Allied Asset Advisors (AAA).

NAIT describes itself as "a waqf," the historical Islamic equivalent of an American trust or endowment, serving Muslims in the United States and their institutions.

NAIT was established in 1973 in Indiana by the Muslim Students Association of U.S. and Canada (MSA).  The Muslim Students Association was founded in 1963 by members of the Muslim Brotherhood, and Brotherhood members dominated its founding and leadership, according to former U.S. Muslim Brotherhood Executive Committee masul (leader) Zeid Noman in a taped lecture acquired by the FBI.

In 2004, the Chicago Tribune reported on NAIT's  role in an effort by Muslim Brotherhood members to successfully seize control of the once moderate Bridgeview Mosque, now known as the Mosque Foundation.

In 2007, the Justice Department designated NAIT as an unindicted co-conspirator in the largest terrorist financing case in America history, U.S. v. Holy Land Foundation, which resulted in convictions and imprisonment of several U.S.-based Hamas terrorist leaders.

Court records detailed how money flowed through NAIT financial accounts to Hamas.  In the same exhibits from the trial, the Justice Department lists NAIT among "members of the US Muslim Brotherhood," alongside NAIT's parent organization, the Islamic Society of North America (ISNA).

Nizamuddin was also a sponsor of the Council on American Islamic Relations (CAIR) Chicago's 8th annual banquet.  CAIR is strongly connected to the Muslim Brotherhood according to federal prosecutors and was also listed among "unindicted co-conspirators and/or joint-venturers" in the Holy Land Foundation case along with NAIT.

In CAIR's, ISNA's, and NAIT's repeated appeals to the U.S. government to remove their names from the co-conspirators list, a federal judge ruled that the government had provided "ample evidence" at trial for tying CAIR, ISNA, and NAIT to Hamas and the Muslim Brotherhood.  CAIR has subsequently been blacklisted as a terrorist group by the United Arab Emirates. Nizamuddin also served as the co-chair of the interfaith committee of the Council of Islamic Organizations of Greater Chicago (CIOGC), which was co-founded by former NAIT chairman and Muslim Brotherhood leader Bassem Osman.  Osman remains the president and portfolio manager of AAA.

Nizamuddin has connections to other Islamist-linked organizations outside those historically affiliated with the Muslim Brotherhood as well.  Nizamuddin served on the board of directors and as general counsel for the Niagara Foundation, a charity associated with Turkish Islamist cleric Fetullah Gülen.

In a 2013 Facebook post, Nizamuddin described Gülen, living in exile in the U.S., as "the most important peace advocate and religious leader you have never heard of."  In 2014, Nizamuddin did a video praising the Gülenist movement.  While Gülen poses as working for world peace and democracy, U.S. State Department cables, divulged by WikiLeaks, described the Turkish preacher as "a 'radical Islamist' whose moderate message cloaks a more sinister and radical agenda."  In Turkey, Gülenists were known for their extended penetration of police and judiciary services prior to a purge of the judiciary following the 2016 coup attempt.

Gülen's U.S.-based charities, including the Niagara Foundation, have been accused of serving as fronts for a campaign of influence by offering all-expense-paid trips for state and local lawmakers, and former Niagara Foundation executive director Kemal Oksuz was convicted for his role in a scheme to illegally fund a congressional trip to Azerbaijan as part of an effort to influence lawmakers.

Nizamuddin's affiliations with Brotherhood-linked groups like NAIT and Gülen-linked groups is interesting, since American Brotherhood groups have increasingly sided with Turkish authoritarian president and Islamist Recep Tayyip Erdoğan during his campaign to suppress Gülen's movement after the two, previously allies, had a falling out. Nizamuddin's associations with groups linked to terror finance and influence-peddling should raise genuine concerns for Dupage County voters.  Voters have a right to ask to what extent Nizamuddin shares the Islamist views of the groups he is affiliated with and whether these views will impact his position on the court.  This is especially true given his connection to a group with a documented history of political corruption.

Will media outlets identify these connections for voters and ask Nizamuddin how these affiliations will affect his role on the bench?

[postolo]

NCDRC’s pecuniary jurisdiction involves consideration plus compensation; no presumption that NRIs purchase property to sell for profit

National Consumer Disputes Redressal Commission (NCDRC): The complainant is a Non-Resident Indian (“NRI”) residing in the USA. He booked a flat with the respondent which was duly allotted to him in August 2007. The agreement between the parties stated that the flat shall be delivered within three years of the allotment and a three-month grace period in case of force majeure subject to regular payment of instalments to the respondent. The flat booked was for a consideration of Rs. 98,13,760 of which Rs. 76,48,940 was paid by the complainant before he learnt that despite the expiry of the stipulated time period, no progress except a basic structure had been set up. He claimed a refund of deposited money with 18% interest. When the respondent failed to do so, the complainant approached the National Consumer Disputes Redressal Commission (“NCDRC”) claiming deficiency in service and unfair trade practices.

The respondent made a three-pointed objection to the same:

1. The NCDRC does not have pecuniary jurisdiction over this issue as it can only entertain complaints which involve a sum exceeding Rs. One crore.

2. Since the complainant is an NRI, he would have no intention of residing in the said property and would only sell it further for profit, hence he does not qualify as a ‘consumer’.

3. The delay in construction was due to force majeure as a stay order on the construction was passed by the High Court of Judicature at Hyderabad (“the High Court”), an interim stay order by the Andhra Pradesh Waqf Tribunal (“Tribunal”), and another order by the Tribunal restraining the respondent from alienating part of the property. These impediments could only be removed after an SLP filed in the Supreme Court vacated the stay and the construction was resumed.

The NCDRC referred to its previous decision in Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd., 2016 SCC OnLine NCDRC 1117 where it was held that “[I]t’s the value of the goods or services and the compensation, if any, claimed which determines the pecuniary jurisdiction of the Consumer Forum.”

In the case at hand, the complainant had claimed a refund of the amount already deposited, i.e. Rs. 76,48,940 with 18% interest as compensation, which, in total, would amount to a sum above Rs One crore and hence would fall within the pecuniary jurisdiction of the NCDRC under S. 21(a) of the Consumer Protection Act, 1986 (“the Act”).

The NCDRC also held that the Act makes no distinction between resident citizens of India and NRIs and the presumption that the complainant would only sell the fat for profit was not founded on any logic.

With regard to the force majeure argument, the NCDRC observed that over six years had passed since the stay had been vacated and if the respondent actually had any intention of delivering the possession of the flat, he could have done so within two years from the date of the vacation of the stay. Since he did not do this, he cannot use the defence of force majeure to escape his liability for delay.

The NCDRC also expressed disapproval towards clauses in the sale agreement which provided measly compensation in case of delay and no interest if the buyer himself cancelled the contract as these oppressive conditions would give undue advantage to the builder. Hence the complaint was allowed and the respondent was direct to repay the amount advanced by the complainant with 10% interest. [Ram Balakrishnan v.  Somitri Das, Consumer Case No. 236/2011, decided on 24.05.2018]

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[firstlawindia]

Waqf Act; P.K. Jamaludeen Vs. Chettuva Mahal Jama-Ath Committee [Kerala High Court, 05-06-2017] Waqf Act, 1995 - S. 83 (9) - A cryptic order passed by the Waqf Tribunal suffer from vice of arbitrariness - Since giving of reasons is an essential element of administration of justice, such an order passed by the Waqf Tribunal must speak on its face - the impugned orders of the Tribunal, which do not disclose any reason whatsoever to vacate the order of stay and for permitting the Committee to lease out the properties in question as per the Lease Rules, cannot be sustained.

[sarkarimirror]

76th meeting of Central Waqf Council held at New delhi

The Minister of State for Minority Affairs (Independent Charge) and Parliamentary Affairs, Shri Mukhtar Abbas Naqvi said here that during the last three years, more than two thousand criminal cases have been filed in connection with encroachment on waqf properties by waqf mafias and strict action has been taken against several people sitting at top posts in waqf boards. Addressing 76th meeting of Central Waqf Council in New Delhi, Shri Naqvi said that waqf properties are being utilised for socio-economic-educational empowerment of the needy people of the society under the Centre’s Modi Government after making these properties free from encroachment on “waqf mafias”. Various projects related to educational, social and skill development are being initiated on these properties. Shri Naqvi said that the Ministry of Minority Affairs is making efforts to ensure that all the waqf boards and their records across the country are made digital. The Ministry has been providing all possible help to the state waqf boards. The Computerisation of waqf boards and their properties will help in ensuring transparency. Shri Naqvi said that a one-man “Board of Adjudication” at the Central level has been established under the chairmanship of retired Supreme Court justice to deal with complaints and disputes regarding waqf properties. Three-member tribunals are being established in the states. About 21 states have established these tribunals so far. Other states should also do this soon. There are about 5,12,556 registered and non-registered waqf properties across the country. The number may increase after computerisation of all waqf properties. Shri Naqvi said that Ministry of Minority Affairs has been working towards socio-economic-educational empowerment of all the notified Minorities- Muslim, Christian, Buddhist, Sikh, Parsi and Jain- effectively as a mission and commitment. Shri Naqvi said that measures taken by the Government led by Hon’ble Prime Minister Shri Narendra Modi for socio-economic-educational progress of Minorities during the last three years is a reflection of “empowerment without appeasement” policy. Shri Naqvi said that Ministry of Minority Affairs has been successful in enabling the poor, backward and weaker sections of the Minorities getting a share of mainstream development through “3E”- Education, Employment and Empowerment. Shri Naqvi said that our “empowerment without appeasement” policy has created an “atmosphere of development and trust” among Minorities. The Ministry of Minority Affairs, during the last three years, has provided benefits of schemes/programmes related to better education, skill development and providing employment to every needy person. Shri Naqvi said that schemes/programmes such as “Garib Nawaz Skill Development Centre”, “Usttad”, “Nai Manzil”, “Nai Roshni”, “Seekho aur Kamao”, “Padho Pardes”, “Progress Panchayat”, “Hunar Haat”, multi-purpose “Sadbhav Mandap”, “PM’s new 15 point programme”, “Multi-sectoral Development Programme”, “Begum Hazrat Mahal Scholarship” for girls, etc have ensured “happiness in eyes and prosperity in life” of every needy person belonging to the Minority communities. Shri Naqvi said that thousands of Minority communities’ schools and Madrasas have been connected with “3T”- Teachers, Tiffin and Toilets during last three months. These educational institutions also include institutions run by Gurudwaras and those institutions run by Jain, Buddhist and Parsi community. Click to Post

[tngovernmentjobs]

TN wakf board tribunal Jobs 2017 http://www.tngovernmentjobs.in/2017/02/Tamilnadu-BC-MBC-Minorities-Welfare-Department-Recruitment-for-Member-Post-inTamilnadu-WAQF-Tribunal-Chennai.html #tngovernmentjobs #waqf #wakf #law #tamilnadu #chennai