Waqf Properties Act 2020 and the Constitution of Pakistan: A Critical Study

Abstract

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Occasionally some laws are enacted without proper deliberation and comprehensive understanding of the issue in focus. The same can be said about The Waqf Property Act 2020 which was passed in Islamabad and all the provinces of Pakistan in September 2020 in which some new laws were made and some previous laws were amended. The Rules regarding Awqāf Act were disseminated across all the provinces and advertised on national media. Having explained the rules of the Act, some guardians of the Waqf properties were also issued notices. However, the Waqf Property Act has received a social backlash from ulamas, the political fraternity & the public. It is said that the Act is not only against the Islamic law but is also against the Constitution of Pakistan. Keeping this scenario in view the aim of this paper was set to discuss the violation of the Constitution that has occurred in the enactment of this law. For this purpose the original text of the Waqf Property Act 2020 along with certified references have been analyzed so that the gaps in the focused law are fully identified. The findings of the study can provide a good insight to the law makers as well as common readers.

Keywords: Waqf, Constitution of Pakistan, Fundamental Rights, Religious Minorities, Sharī‘ah