Ahmed Wali Faisal Rahmani: Legitimised by Constitution yet Caged by Choices: The Plight of Indian Muslim Leadership

As co-founder, the visionary Hazrat Maulana Minnatullah Rahmani (RA) was the “General Secretary” of the All India Muslim Personal Law Board (AIMPLB), which was established in 1973. Its first office was rooted in the sanctity of Khanqah Rahmani, Munger, Bihar. Under their profound leadership, the Board ushered in a transformative era, reshaping the daily lives and affairs of Indian Muslims.

The deep-rooted association between AIMPLB and the Rahmani family of Bihar has been a cornerstone of its legacy. However, in light of recent developments, the esteemed Sajjada-Nasheen of Khanqah Rahmani found it necessary to resign, marking a poignant moment in this historic relationship.

Why did the Sajjada-Nasheen of Khanqah Rahmani Munger, Hazrat Maulana Ahmad Wali Faisal Rahmani resign from an influential post of Secretary of AIMPLB, which many would live their life for?

Any Muslim leader with the current impoverished status of the Indian Muslim community would certainly not entertain offensive statements by people of social stature questioning his commitment and dedication towards the upliftment of the community merely based on his OCI status when the law-of-the-land, the AIMPLB bylaws and the government allows him to hold and discharge duty even as an executive of any NPO.

Certain individuals with ill intentions are attempting to falsely depict AIMPLB as a government entity. This deliberate misrepresentation not only misguides the community but also robs them of the opportunities and guidance that genuine leadership could provide. Thoughtful Muslims must recognize and resist these attempts, as they are often driven by personal ambitions, seeking to exploit and erode the rich legacy of Indian Muslims in this land of love, harmony, and spirituality.

 <<<ﯾﺎ أﯾﮭﺎ اﻟذﯾن آﻣﻧوا إن ﺟﺎءﻛم ﻓﺎﺳق ﺑﻧﺑﺄ ﻓﺗﺑﯾﻧوا أن ﺗﺻﯾﺑوا ﻗوﻣﺎ ﺑﺟﮭﺎﻟﺔ ﻓﺗﺻﺑﺣوا ﻋﻠﻰ ﻣﺎ ﻓﻌﻠﺗم ﻧﺎدﻣﯾن>>>

The Qur`anic verse, “O ye who believe! If a wicked person comes to you with any news, ascertain the truth, lest ye harm people unwittingly, and afterwards become full of repentance for what you have done(49:6)”, serves as a crucial reminder of the importance of verifying the facts and seeking truth.

The leadership of Hazrat Maulana Ahmad Wali Faisal Rahmani sb as Ameer-e-Shariat of Imarat-e-Sharia, Bihar, Jharkhand, Odisha, and parts of West Bengal has filled the critical void of relevant leadership within the Indian Muslim community. While many respected Maulanas have made commendable contributions, the urgent need for effective and transformative action to uplift the community raises serious questions about the leadership principles guiding various organizations working toward this.

As the Ameer of Imarat-e-Sharia, Maulana Ahmad Wali Faisal Rahmani has held a position of immense responsibility. Under his leadership, the organization has played a pivotal role in guiding Indian Muslims on religious, legal, and social matters while advocating for their constitutional rights.

Why shouldn’t capable individuals Lead Islamic Organizations in India? Is being an Overseas Citizen of India a legal barrier? What are the real problems of the Indian Muslim Community and who can be trusted for a solution?

Legal and Constitutional Framework

Section 7A of the Citizenship Act, 1955-which grants OCI status to someone who held an Indian passport in the past, grants freedom in activities at par with an Indian Citizen except as stated in Section 7B of the act, namely: any constitutional voting rights, election to Lok Sabha/Rajya Sabha/Legislative Assembly/Council, holding Constitutional posts such as President, Vice President, Judge of Supreme Court/High Court etc. and buying agricultural lands.

The Citizenship Act, of 1955, explicitly allows Overseas Citizen of India Holders to work and discharge duties in NPOs and other central government institutions such as IISERs, IITs, IISc, AIIMSs and Central Universities. OCI/PIO Holders with cards dated 03.03.2021 or before are treated at par with Indian nationals for Government Medical and Engineering seats(SC’s WP(Civil) 891/2021).

AIMPLB is registered under the Societies Registration Act 1860. The by-laws of AIMPLB, Clause 5 of the Board’s rules and regulations state about the formation of a board with members from different sects(5(a) -5(c)). These by-laws do not draw distinctions within the categories of the memberships.

Similarly, the Indian Trust Act of 1882 in Section 1, in the savings clause reads as follows:

“Savings – But nothing herein contained affects the rules of Muhammadean law as to waqf, or the mutual relations of the members of an undivided family as determined by any customary or personal law, or applies to public or private religious or charitable endowments, or to trusts to distribute prizes taken in war among the captors, and nothing in the second Chapter of this Act applies to trusts created before the said date.”

We also draw a reasonable analogy from a case law. In 2018, SCC Online ITAT 17108 of the Income tax appellate tribunal, most of the trustees ( 4 out of 5) were residents outside India while only one trustee was an Indian citizen and had a domicile in India). Even then (four Trustees were not even OCI citizens of India), the Appellate Tribunal held in favour of the validity of the Trust.

An Overseas Citizen of India can not be assumed to be a foreigner in the traditional sense because of the subsequent legislative intervention an Overseas Citizen of India is a different concept than a “foreigner” in The Foreigners Act, 1946. There is no law governing the “Not for Profit Organizations” that contains special provisions with regards to a Foreigner, NRI, OCI and PIO being inducted in the governing body of a society or a company registered under Section 8 of The Companies Act, 2013.

Finally, the FCRA(Foreign Contribution Regulation Act, 2010) does not prohibit any Foreign National of Indian Origin from being a part of the governing body of a society/trust seeking registration under it. Below is the relevant FAQ published by the Ministry of Home Affairs.

Question: “Foreigners can be appointed as Executive Committee members of an association seeking registration or prior permission?

Answer: Organizations having foreign nationals, other than of Indian origin, as members of their executive committees or governing bodies, are generally not permitted to receive foreign contributions.”

Clearly, the Constitutional Act under which AIMPLB was formed (Societies Registration Act 1860) and Indian Trust Act 1882, the bylaws of AIMPLB (Section 5), the Income Tax Tribunal, the Citizenship Act of 1955 and its amendment of 2004 and subsequent directives by the Indian government and the laws pertaining to FCRA, 2010 does not distinguish an Indian citizen and an Overseas Citizen of India to be an executive member of AIMPLB.

Since the legal and constitutional rules allow such an appointment, several well-known Trusts, IITs, IISERs, AIIMSs and IISc are availing this to uplift their contribution towards nation-building. Prof. Manjul Bhargava, an Overseas Citizen of India holder and a US citizen was a major contributor and a prominent member of the NEP committee. He helped the country draft a historic educational policy, NEP 2020. Siddharth Varadarajan, the co-founder of The Wire and an OCI has served journalism as an editor of Times of India and The Hindu. However, as a US citizen, his commitment to journalism and its cause is exceptional. There are numerous similar examples of OCI holding executive positions in Trusts and government bodies which I skip for the sake of brevity. We, Indian Muslims too, should avail this privilege and contribute towards societal and nation-building.

Representation of Indian Muslims

Sayyidina Hazrat Maulana Ameer-e-Shariat belongs to the esteemed and renowned Ahl-e-Bayt family through Hazrat Mungeri RA. Three generations of the family’s service have been witnessed and documented by Indian Muslims. From being a founder of the renowned Darul Uloom Nadwatul Ulama, Lucknow; and founder of AIMPLB, to the great initiative of Rahmani30 whose alumni have bridged the gap between the Ilm and contemporary society; the Mungeri family has been a means of benefit of this world and hereafter for the entire Indian Muslim community.

Hazrat Maulana has been the unwavering torchbearer of the revolutionary vision of his esteemed father, the late Hazrat Maulana Wali Rahmani Sb. (RA). This vision materialized into the transformative initiative of Rahmani30, an unparalleled platform requiring both professional excellence and profound dedication to sustain.

Rahmani30 has proudly placed Indian Muslims on the nation’s excellence map, qualifying 1055 JEE Mains 366 JEE Advanced, 3 ISI ( Indian Statistical Institute)  and similarly registering excellent results in NEET, CA/CS — a testament to its unparalleled success. More than just an academic initiative, it embodies a rare harmony of Deen and Duniya, empowering Indian Muslims to excel both spiritually and professionally, all without compromising on religious values or academic excellence. Rahmani30 stands as a shining beacon of hope and achievement in independent India, a legacy unmatched in its commitment to holistic empowerment.

After being in charge of the responsibilities of Imarat-e-Sharia and Khanqaah Rahmani and its associated schools, madrasas and institutions, Hazrat Maulana has further intensified the reforms that his father, Hazrat Maulana Wali Rahmani RA had initiated. He successfully ran an Islamic School in Pomona, California USA and has implemented a lot of his experience in the Rahmani School of Excellence, Munger, Bihar.

The legal perspectives of the proposed Waqf Bill that Hazrat Maulana presented while touring various cities were exceptional. The simplicity with which the amendments were explained, through case-by-case examples, connected a common Muslim to the ground reality of the proposed bill. The audience were explained the amendments in fluent Urdu, English and Hindi often through one-on-one interactions.

Hazrat Maulana Ahmad Wali Faisal Rahmani Sb.’s contributions to empowering and uplifting the community are immense, spanning numerous impactful initiatives, many of which are beyond enumeration.

Community Sentiments and Trust

The position of Ameer-e-Shariat is not just administrative; it carries profound spiritual, legal, and symbolic significance. I asked Hazrat about his contributions to the Waqf protest, where he had successfully strategized a proactive response mechanism within the framework of the Constitution. Under his leadership, his team developed a comprehensive infrastructure and response system for the Ummah, managing an astounding 3.66 crore emails. His humble reply was, “I did it for Allah.”

Hazrat is a true embodiment of Fana-fiLLAH.

”ﻣﺧﻠﺻﯾن ﮨداﯾت ﮐﮯ ﭼراغ ﮨﯾں Baihaqi”-

 The Spirituality of a person is not for hands to write or eyes to read but rather, for the hearts to feel through presence.

Who can be a better bearer of trust and honour sentiments than him who seeks no recognition even for his irreplaceable contribution?

His Professional Background and Relevance

The Professional background that Hazrat Ameer-e-Shariat possesses is rare even among the educated elites of the Indian Muslim community. He is well-versed in Urdu(native), English(native), Arabic(near-native) and Hindi and has successfully delivered his role as the Director of Strategies at the University of California Systems which comprises 10 campuses including Berkeley, Los Angeles and Davis!

Every community wants its leaders to truly understand its problems. Today’s basic needs are Education, Technology and Healthcare with the sweetness of Emaan. Without an iota of disrespect to the Akaabireen-e-Ulama, is it not that Hazrat Ameer-e-Shariat, Maulana Ahmad Wali Faisal Rahmani DB has the deen and duniya that the Indian Muslim community seeks and within the legal frame that our constitution and government has defined?

Is it, not the time that Indian Muslims hand over their reign to someone who can truly work for their duniya and akkhirat in the contemporary perspective?

Maintaining the Integrity of Indian Islamic Institutions

Guided by the esteemed Hazrat Maulana Minnatullah Rahmani (RA), his grandfather, and mentored by his father, Hazrat Maulana Md. Wali Rahmani (RA), Hazrat Maulana represents a harmonious blend of profound spiritual insight and professional mastery. His upbringing has ingrained in him an unshakable commitment to accountability, transparency, and dedicated leadership.

With hands-on experience in the cosmopolitan ethos of California, he has demonstrated exceptional skill in addressing challenges with integrity, program management, and operational excellence.

Hazrat Maulana is tirelessly striving to elevate Indian Islamic institutions by instilling a culture of responsibility and unwavering accountability. What could be more reassuring for the community than a leader who seamlessly blends exceptional competence with an unyielding commitment to their progress and well-being?

Finally, I would like to humbly put that the Indian Muslim community should wisely choose its leader, it is imperative for the leader to have the qualities that are sought in the community’s future. The leader is bound to be an inspiration.

It is a time when the Indian Muslim community needs to separate leaders from liabilities; and understand and differentiate competitors who can lead them to the goal and who are ambushing to misguide them by making fake promises and narrating unplanned exaggerated dreams.

Can we trust a driving school whose trainers can’t drive?

Can we trust a doctor who hasn’t gone to medical school?

Can someone rectify the community when (s)he/herself is not rectified?

Should Indian Muslims let this chance of being served by a Religious, Educated, Spiritual and Responsible leader who, despite his status wants to serve the community as a servant, go by?

Is the community forced to continue with those leaders whose doors are shut with bodyguards or with someone happy to share his privileges with common Muslims of the country?

Maulana Ahmad Wali Faisal Rahmani is an appropriate choice for a leader for the Indian Muslim community. It is a pity that those who seek national politics to be based on work and leadership have stooped to raise an issue that serves no legality in the eyes of the law of the land.

Every Indian Muslim seeking a positive #change for the community should stand by contribution and not delusions.

 مسلم نے بھی تعمیر کِیا اپنا حرم اور

تہذیب کے آزر نے ترشوائے صنم اور

ان تازہ خداؤں میں بڑا سب سے وطن ہے

جو پیرہن اس کا ہے، وہ مذہب کا کفن ہے

(Rough translation of it) Muslim also built his Haram and
The burden of civilization has destroyed the sanam and
Among these new gods, the greatest is the homeland
The veil that belongs to him is the shroud of religion