On Friday, July 21, 2023, taking a firm stance against the fatwa declaring Ahmadiyyas as non-Muslims, the Central Government confronted the Andhra Pradesh government. The Ministry of Minority Affairs raised concerns about the religious rights of the Ahmadiyya Muslim community and questioned the validity of the Andhra Pradesh Waqf board’s issuance of a fatwa against them.
The Ministry of Minority Affairs issued a strongly worded letter to the Andhra Pradesh government, condemning the Waqf Board’s resolution as a hate campaign with potentially far-reaching ramifications nationwide.
The Ministry of Minority Affairs’ Joint Secretary, CPS Bakshi, addressed a letter to the Chief Secretary of Andhra Pradesh KS Jawahar Reddy, expressing disapproval over the Waqf board’s actions. He questioned the board’s authority to issue a fatwa that expels a community from Islam, emphasising that no entity should have the power to strip away the religious rights of any community.
The letter by the central ministry said, “A representation dated 20th July 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.”
The letter further said, “This constitutes a hate campaign against the Ahmadiyya community at large and the Waqf Board neither has the jurisdiction nor authority to determine the religious identity of any community including Ahmadiyyas.”
Back in 2012, the Andhra Pradesh State Waqf Board adopted a resolution declaring the entire Ahmadiyya community as non-Muslim. Subsequently, this resolution faced a legal challenge, leading to the Andhra Pradesh High Court issuing an order for the interim suspension of the resolution. The controversy escalated in February 2023 when the Andhra Pradesh Waqf Board labelled the Ahmadiyya Muslim community as infidels, citing the fatwa of Jamait ul Ulema. Furthermore, the board issued an official order designating them as non-Muslims. In response to this action, the Ahmadiyya Muslim Community lodged a formal complaint with the Ministry of Minority Affairs on 20th July 2023, to express their protest against the board’s decision.
The ministry has observed in its letter that the Andhra Pradesh Waqf Board has issued another proclamation under the signature of its Chairman despite the High Court orders. A resolution passed by the Andhra Pradesh Waqf Board in February 2023 categorically said, “In consequence to the Fatwa of Jamiat ul Ulema, Andhra Pradesh dated May 26th, 2009, the `Qadiani community’ is proclaimed as `kafir’ and not a Muslim.”
Questioning the authority of the Waqf Board to issue such a fatwa, the central Ministry of minority affairs clarified that the Waqf Act, 1995 is the 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.
The ministry noted in its letter, “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 cognisance of fatwas issued by any non-state actors.” The ministry 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.
