(In a move fraught with desperate effort to reform Muslim institutions , the government at the Centre has brought in Waqf Amendment Bill 2024, which has been refered to the Joint Parliamenary committee. The committee has reporterdly received over one crore representations already and the warring members of the ruling BJP and the opposition are grappling with the details of the bill before recommending to the government.
Among other changes, the bill pitches for far-reaching changes in the present Act, including ensuring the representation of Muslim women and non-Muslims in central and state Waqf bodies.
Clearly it gives way to already aggrieved feeling of the community. The question is is a democratic set up , does the government has a role in reforming religion unless it interfeares with the constitution of the country. Editor)
A primer on the Waqf Bill to understand it in details, as given by Ministry of Minority Affairs.
On August 8, 2024, two bills, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamline the Waqf Board’s work and ensure the efficient management of Waqf properties.
The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records.
The primary objective of the Mussalman Wakf (Repeal) Bill, 2024 is to repeal the Mussalman Wakf Act, 1923, a colonial-era legislation that has become outdated and inadequate for managing waqf properties in modern India. The repeal aims to ensure uniformity, transparency, and accountability in the administration and management of waqf properties under the Waqf Act, 1995, thus eliminating inconsistencies and ambiguities caused by the continued existence of this redundant law
The Waqf (Amendment) Bill, 2024 has been referred to the Joint Committee of Parliament.
The following FAQs provide an understanding of Waqf’s history, laws, regulations and management.
Q.1 What is the meaning of ‘Waqf’?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.
Q.2 What is origin of the concept of ‘Waqf’?
In India, the history of Waqf can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages in favour of the Jama Masjid of Multan and handed its administration to Shaikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of Waqf properties kept increasing in India.
There was a case made for the abolition of Waqfs in India in the late 19th Century when a dispute over a Waqf property ended up in the Privy Council of London during the days of the British Raj. The four British judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and declared Waqf to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman Waqf Validating Act of 1913 saved the institution of Waqf in India. Since then, no attempt has been made to curb Waqfs.
Q.3 What are the key legislative changes and developments in the administration of Waqf properties in India through Waqf Act?
The Waqf Act, 1954 – Waqf has only been strengthened post-independence. The Waqf Act of 1954 passed provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under this Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.
The Waqf Act, 1995 – The Waqf Act was made even more favourable to Muslims in 1995, which made it an overriding law. The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli. This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The Waqf Tribunals are deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court. Thus, making the Waqf Tribunal decisions above any civil court.
Amendments in 2013 – Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent. However, during the course of implementation of the Act, it was felt that the Act did not prove effective in improving administration of Waqf.
The Waqf Repeal Bill, 2022 – For the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognized religious
entities established under similar intent, the aforesaid Waqf Act, 1995 as amended was tabled in Rajya Sabha on December 8, 2023.
Q.4 Are the Waqf properties revocable?
No, since the ownership of the property is transferred to Allah from the waqif in the case of Waqf, and property cannot be taken back from Allah, once a property becomes Waqf, it will always stay Waqf, making it irrevocable. Once a property is declared waqf, it remains so forever. Examples include the Bengaluru Eidgah ground, claimed as waqf property since the 1850s. Similarly, the Surat Municipal Corporation building, claimed due to historical use as sarai during Hajj in the Mughal era.
Q.5 Do all the Islamic Countries have Waqf Properties?
No, not all the Islamic countries have Waqf properties. Islamic Countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not have Waqfs. However, in India, not only are Waqf Boards the largest urban landowners, but they also have an Act protecting them legally.
Q.6 How many properties does the Waqf Board control?
Wakf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest waqf holding in the World. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
7 How many Waqf Estates are registered under Waqf Board?
There are 356, 051 Waqf Estates registered under waqf Board.
Q.8 How many Immovable Properties are registered under Waqf Board?
There are 872,328 immovable properties registered under Waqf Board.