( 1 ) ALLEGING violation of Articles 14, 25 and 26 of the Constitution of India, the Petitioner who is a Sajjada Nasheena, Muthavalli of a wakf operating in Gulbarga District, has filed this Petition to declare Sections 14, 33, 38, 61, 64, 69, 70, 71, 72 and 96 of the Wakf Act, 1995 (hereinafter called the Act) as unconstitutional. It is further prayed that the Wakf created by the Muslims be allowed to remain dependent upon the wish and desire of the Waquif, being uninfluenced by the offending statute. However, during the arguments, the learned Counsel for the Petitioner, restricted his arguments regarding the constitutional validity of Section 14 (1) (b) of the Act and did not argue with respect to the validity of other Sections prayed in the Writ Petition to be declared as unconstitutional.

( 2 ) ). It has been contended by the learned Counsel appearing for the Petitioner that the scheme of the offending Section makes it possible such for persons to become the member of the wakf Board, who are not aware of the personal law of Islam, in particular Shariat, which defeats the very purpose of the wakf as recognised under the Muslim law. It is contended that a wakf cannot be a creature of the statute, but is a concept of dedication. The purpose of wakf being wholly religious could not be permitted to be made irreligious as is alleged to have been intended in the name of secularism by reason of Section 14, which according to the Petitioner jeopardises and destroys the religiosity of the wakf and administration of the wakf properties. The Petitioner further contend that the Act violates Sections 25 and 26 of the Constitution which guarantee inalienable rights to the Petitioner.

( 3 ) WE have heard the learned Counsel for the parties at length and perused the record.

( 4 ) ISLAM is based upon the teaching of the Prophet Mohammad, who was not the creator, but a recipient and the communicator of the religion of Islam. The word 'islam' means "peace and submission". In its religious connotation, it is understood as 'submission to the will of God' and according to Fyzee (Outlines of Muhammadan Law, II Edition) in its secular sense the establishment of peace. The word Muslim in Arabic is the active principle of Aslama, which means acceptance of faith, the noun of which is Islam. Muslim Law is recognised to be based upon a well recognised system of jurisprudence providing many rational and revolutionary concepts, which could not be conceived by the other system of Law in force at the time of the inception of Islam. Even the Marxist Theorist like Karl Marx has acknowledged that every religion in its inception has been a revolutionary movement based upon the necessities and requirements of the society. Sir Ameer Ali in his book Mohammedan Law, Tagore Law Lecturers IV Edition, Volume-I has observed that the Islamic system, from a historical point of view was the most interesting phenomenon of growth. The small beginnings from which it grew up and the comparatively short space of time within which it attained its wonderful development marked its position as one of the most important judicial system of the civilised world. The concept of Muslim Law is based upon the edifice of shariat. It is therefore violence to the Islamic Law to urge that it was Orthodox and did not permit tolerance, which in the present political parlance is termed as secularism. Islamic Law being based upon the requirements of the Society was progressive in thought and revolutionary in approach. However, there is no denial of the fact that such a law deals with only those who believe in the tenets of Islam, the Authority of the Prophet and of the supremacy of Quoran. The progressive outlook and wider approach of the Islamic Law can well be appreciated from the fact that it has permitted the Indian ordinary Courts to interpret the Islamic Law notwithstanding the institution of Qazi and Islamic Courts. Article 372 (1) and Article 13 of the Constitution make it