Historic Waqf Amendment Bill Set to Revolutionize Management of Waqf Properties in India
Special Report By: Arvind Jadhav
New Delhi : The Waqf Amendment Bill, 2024, is poised to usher in a new era in the management of Waqf properties in India. With its roots in the pre-independence era, the Waqf Board, also known as the Central Waqf Council, has played a vital role in promoting education, healthcare, and social welfare among Muslims in India.
A Brief History of Waqf in India
The concept of Waqf, or charitable endowment, has been an integral part of Islamic tradition for centuries. During the British colonial period, the Indian Waqf Act of 1913 was enacted to regulate and manage Waqf properties across the country. After India gained independence in 1947, the Waqf Act was amended several times, culminating in the establishment of the Central Waqf Council in 1964.
What is Waqf Property?
A Waqf is a property donated by Muslims for a specific religious, charitable, or private purpose. Ownership of the property is considered to belong to God, while its benefits are directed to the specified purposes.
Establishment of Waqf
A Waqf can be established through a written deed, legal instrument, or orally. A property may be recognized as Waqf if it has been used for religious or charitable purposes over an extended period. Once declared Waqf, the property’s status is permanent and irreversible.
Origin of the Concept of Waqf
Waqf has existed in India since the early days of the Delhi Sultanate. Sultan Muizuddin Sam Ghoor dedicated two villages to Multan’s Jama Masjid and appointed Shaikhul Islam as its administrator. As the Delhi Sultanate and subsequent Islamic dynasties flourished in India, the number of Waqf properties grew.
Waqf Act 1995
The Waqf Act, originally enacted in 1995, governs the management and administration of Waqf properties in India, which are properties dedicated for religious, charitable, or pious purposes under Islamic law. The Act mandates the establishment of Waqf Boards at the state level to oversee these properties.
Key Provisions of the Waqf Amendment Bill, 2024
The Waqf Amendment Bill, 2024, proposes several key changes to the existing Waqf Act, 1995. The bill allows Waqf formation by declaration, recognition, or endowment, and empowers the Collector to determine ownership in case of uncertainty. Additionally, the bill proposes changes to the composition of the Central Waqf Council and Waqf Boards, including the addition of non-Muslim members and representation from various Muslim communities. The bill also seeks to empower Collectors to conduct surveys instead of the Survey Commissioner and make changes to the composition of Tribunals. Furthermore, the bill proposes renaming the Act to “The Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995.
Significance of the Waqf Amendment Bill, 2024
The Waqf Amendment Bill, 2024, is significant for several reasons. It enhances transparency and accountability by introducing stricter regulations to prevent abuse and mismanagement of Waqf properties. The bill also streamlines administration by updating processes and using technology to improve record-keeping and reduce bureaucratic delays. Moreover, the bill introduces stricter penalties and increases Waqf Board powers to prevent encroachment and illegal transfers, thereby protecting Waqf properties. The bill also promotes inclusion and diversity by mandating more women and non-Muslims on Waqf Boards. Finally, the bill addresses historical issues by introducing new regulations to tackle corruption and inefficiency in Waqf property management.
Controversy Surrounding the Bill
The Waqf Amendment Bill, 2024, has sparked controversy, with opposition parties, including the Samajwadi Party and the RJD, expressing strong opposition to the bill. They cite concerns that the bill may infringe upon the rights of Muslims and allow government interference in Waqf properties.
The Road Ahead
The Waqf Amendment Bill, 2024, is scheduled to be tabled in the Lok Sabha today, April 2, 2025. The government has allotted eight hours for discussion, which may be extended. The outcome of the bill is likely to be determined by a floor majority, and its passage is expected to have significant implications for the management of Waqf properties in India.
