WAKF

Rakesh Bhatnagar

On Salaries to Imams

At last the Supreme Court's two-year old directive regarding payment of salaries to imams who lead prayers in the mosques has been implemented. At least 1.15 lakh imam alim, imam hafiz, imam nazrah and muazin would get about Rs. one lakh each towards back-wages and arrears since the court accepted the All India Imam Organization (AIIO)'s plea for fixing their salaries so that they can also live with some amount of respect.

AIIO's counsel Mukesh K. Giri says about 2.35 lakh imams have been left out of the scheme. However, he feels that the decision to pay arrears and salaries on par with the Punjab and Haryana Wakf Board employees would give a boost to the sagging spirits of the imams...

Although the government's decision has been viewed as a "move to woo" the imams when elections are round the corner a trend has been set now for others who perform various religious places like temples, gurudwaras and churches. Priests who manage religious affairs in such places have long been looking forward to a systematic arrangement where they, and their families of course, can enjoy some economic stability. The Supreme Court's directive, which has not been welcomed by some who consider it as an interference with the religious rights of the Muslims, has however, widened the ambit of Article 21 (which) envisages that the right to live with dignity includes right to earn so that one can lead a decent life.

The government's decision to frame a salary scheme for imams has been made despite the attorney general's strong dissent that the state can neither promote a religion nor have one to nurture it. This opinion was made in view of the court's directive to the government to fix regular pay scales for the imams. On the other hand, a bench headed by Mr. Justice K. Ramaswamy, which passed the significant directive, categorically rejected this contention and asserted that the imams must be paid their dues since December 1, 1993.

All the mosques under the Wakf Boards control or which are registered with a Board of Wakfs and being run by mutawallis have been covered by the scheme. But those mosques which are being controlled by the government or which are not registered with the Wakf Board but managed by the local inhabitants or which are managed by mutawallis or the Muslim community or such mosques which are not managed by members of Islamic faith have been excluded from the salary scheme, the implementation which may cost over Rs. 500 crore to the exchequer.

Though imams have acquired the status of "employees" their exact relationship with the employer has been vague. Mr. Giri says in case the imams do not get their arrears and pay, they can knock the high court's door under the Civil Procedure Code. They can seek attachment of the Wakf properties and put them up for auction in order to recover their wages and arrears...

However, considering the prevailing sorry state of affairs in the Wakf Boards, which have been made responsible for payment of salaries under the scheme, it has been felt that it would take some considerable time to execute the scheme.

1.15 lakh imams who are the beneficiaries of the court's order have not been informed about their changed status and their entitlement to regular salaries and perks. Unless, the scheme is widely publicized its benefits will continue to elude the hard-pressed and lowly paid.

(Source: The Times of India)

AIMPLB: Statement of President Abul Hasan

Ali Nadvi, Lucknow, 23 December, 1995

If the Government pays emoluments to the Imams, it is also certain that it will try to take political advantage from them and use him as a pawn on the political board. Even in Muslim countries, the Imams are not permitted to receive salary from the government because the Shariat does not allow it.

Presently, the maintenance of the Imam is the responsibility of the Millat. This is an old tradition which should continue.

The decision of the Government to pay the emoluments to the Imams is really a deep political conspiracy against the Muslims.

The Government was apprised of the mandatory rules of the Shariat in this regard. Yet the government appears to be taking a decision in disregard of the opinion of the AIMPLB but the Muslims will not accept such an arbitrary decision. No Imam shall be permitted to take one naya paise from the government."

(Agency Reports)