In the last few days, one news item circulated over the media is that the Centre is all set to introduce a Bill in Parliament to amend the1995 WAQF ACT. In India, the reality is that the WAQF BOARDS are the third largest landowners in India, after Armed Forces, and Railways.
The main purpose of the huge Waqf Board network in India is to serve the Muslim community. But even as the Waqf Board has emerged as the third largest owner of land in the country, Indian Muslims are struggling for basic needs and fare worse than Dalits on several socio-economic indicators. Waqf owners today are India’s largest urban landlords.
Waqf is a type of charitable endowment in Islamic law where the ownership of a property is transferred to Allah and the property is permanently dedicated for religious or charitable purposes. The person making the waqf (known as waqif) may specify the purposes for which the income generated by the property should be used. This could include supporting the poor and needy, maintaining a mosque or other religious institutions, providing education, or funding other charitable causes. Waqf properties are managed by Waqf Board, which is responsible for ensuring that the income generated by the property is used in accordance with the wishes of the waqif and Islamic principles.
History of Waqf in India
Waqfs in India date back to the beginning of Delhi Sultanate. As per historical records, Sultan Muizuddin dedicated two villages to the Jama Masjid of Multan. However, during British rule, a dispute over a waqf property ended up in the Privy Council of London. The four British judges who heard the case described the Waqf as “ a perpetuity of the worst kind” and declared it invalid. This decision was not accepted in India, and the Mussalman Waqf Validating Act 1913 saved the institution from destruction.
In the year 1954, the Jawaharlal Nehru government passed the Waqf Act, which led to the centralization of Waqfs. Under the Act, the government establishes the Central Waqf Council in 1964.
In 1995, the law was amended to allow the formation of Waqf Boards in each state and union territory. The Central Waqf Council serves as an advisory to the Centre on matters related to Waqf properties. Any dispute is decided by Waqf property tribunal headed by state service and two other members (not necessarily Muslims). Some state like Bihar have separate Shia and Sunni Waqf Boards.
The actual fact is that the dismal performance of Waqf Boards raises a question on the purpose of these institutions.
The Waqf properties are not generating enough profit for the community, and there have been several allegations of corruption and mismanagement since independence. Each state has its own story to tell. In September 2022, AAP MLA Amanatullah Kha, Delhi Waqf Board Chairman, was arrested for misappropriation of Waqf funds and other irregularities. Few months back, the Centre seized 123 Waqf properties. These are just few examples that show how the Waqf Board has become a tool to save the interest of elite (Ashraaf) Muslims and ordinary Indian Muslims get nothing out of it.
Ashraaf Have been serving their own interest by using the numerical strength and marginalised status of Pasmanda (low caste, poor, tribal and backward Muslims) in the name of minority politics. The Waqf Board is no exception. Like all other Muslim institutions in India, Waqf Boards are also ruled by Ashraafs and have negligible participation of Pasmanda Muslims.
Pasmanda Muslims also bear the burnt of reaction coming from other communities over special privileges given to Waqf Boards by the 1995 Act. No other minority group has so much land for place of worship. In fact Hindu temples and their land still belong to the state. Additionally, Waqf making claims on others’ lands only add to the fault lines among communities. The fact is that if any Waqf Board claims that some parcel of land belongs to the Waqf Board, the supposedly original owner can not approach any Indian court for the settlement of the case, as per 1995 Waqf Act only Waqf Tribunal can settle the matter.
So the time had come to re-examine the purpose of the Waqf Boards, and whose interest they really serve. Therefore, the NDA government has decided to introduce a bill in Parliament for bringing out amendments in 1995 Waqf Act.
What are the key amendments proposed in the Bill?
This bill is aimed to enhance the accountability and transparency in the functioning of Waqf Boards and ensure the mandatory inclusion of women I these bodies, this initiative is I response to demands from within community. The bill aims to revoke several clauses of the existing Waqf Act. These repeals are primarily intended to diminish the Waqf Boards’ arbitrary authority, which currently allows them to claim any property as Waqf without mandatory verification.
The Bill outlines around 40 amendments to the current Waqf act, including that Waqf Boards will be required to undergo mandatory verification of all property claims, ensuring transparency, also to change the composition and functioning of the Waqf Boards, incorporating representation of women.
Additionally, properties claimed by Waqf Boards will undergo new verification to settle disputes and to prevent misuse, district magistrates may be involved in the oversight of Waqf properties. Another amendment in the Bill proposes that all the Waqf properties will have to be registered with Collectorate of the designated area with actual value of the property.
Several representations from Muslim intellectuals, women, and sects such as Shia and Bohras highlighted the need for changes in the existing law. A preliminary review of laws in Islamic nations like Oman and Saudi Arabia showed that these countries do not grant sweeping powers to single entity.
In looks like the Congress party during their rule at the centre have given unprecedented powers to may Muslim organizations including the Waqf Boards, that resulted in misuse of powers by the elite Muslims who are controlling these Waqf Boards. Indian populace, hope that this amendments brings the sense in the working of Waqf Board members, and do some good work for underprivileged Muslims.
Let us wait and watch about the further development in this matter.
Waiting for your feedback on this blog.
Anil Malik
Mumbai, India
6th August 2024