2026-03-03 / Oral Question by Private Notice: Reactivation of Deregistered Islamic Charitable Organizations (Q. Standing Order 27(2)) 2026-03-03
## Summary
The Minister of Buddhasasana, Religious and Cultural Affairs responded to three questions regarding Islamic charitable organisations registered with the Department of Muslim Religious and Cultural Affairs. He confirmed that 435 (not 350) such organisations were deregistered on 24 September 2019 as an administrative decision based on prevailing circumstances at the time. The Minister clarified that the Department lacks the legal authority to re-register these organisations, citing a 2018 Trincomalee Civil Appellate High Court ruling that registration and regulation must instead proceed through the Waqf Board under Section 25 of the Muslim Mosques and Charitable Trusts (Wakf) Act No. 51 of 1956. As alternatives, qualifying organisations may also register under the Divisional Secretariat, Department of Social Services, or Registrar of Companies.
Mr. Speaker, the Hon. Member has raised three questions under Standing Order 27(2) and offered clarifications.
1. Yes. Not 350, but 435 Islamic charitable organizations were registered with the Department. Considering the prevailing circumstances at that time, as an administrative decision, all Islamic charitable organizations were deregistered with effect from 2019.09.24. Copies of the letter issued by the Department of Muslim Religious and Cultural Affairs, Ref. No. MRCA/13/6/ASSO dated 2019.09.23, are at Annexes 01 and 02.
2. The Department of Muslim Religious and Cultural Affairs has no mechanism to take such re‑registration action. However, an alternative exists. In a case relating to one such organization, the Trincomalee Civil Appellate High Court, in Case No. EP/HCCA/TRN/FA/215/17 by judgment dated 2018.09.27, held that the Department of Muslim Religious and Cultural Affairs lacks a specific legal framework to register and regulate Muslim social service organizations, and that action must be taken under Section 25 of the Muslim Mosques and Charitable Trusts (Wakf) Act, No. 51 of 1956 (as amended), upon approval of the Waqf Board. Therefore, the authority for re‑registration lies with the Waqf Board, not with the Department. Accordingly, Islamic charitable organizations that meet the qualifications under that Act and its subsequent amendments may be registered. See Annex 03.
3. As stated in (2), Islamic charitable organizations cannot be registered under this Department. If they meet the required qualifications, registration can be effected under the Muslim Mosques and Charitable Trusts (Wakf) Act, No. 51 of 1956 (as amended by Acts No. 33 of 1982 and No. 21 of 1962). Alternatively, they may register under the Divisional Secretariat, the Department of Social Services, or the Registrar of Companies, as applicable.
Annexes 01 to 03 are placed in the Library.