What is Waqf?
Waqf is a donation, a property or asset dedicated by a person in the name of religion or charitable purposes. Therefore, the word Waqf is a term used in specific arrangements of state land or property. However, according to the Waqf Act of 1954, Waqf means permanent dedication of a property to the pious, religious or charitable. An individual Muslim can make Waqf under the Islamic law. Through the Waqf Act of 1954, India provided a legal framework for managing Waqf properties. However, under the Waqf Act, property was settled permanently, and its Usufruct is always available for an indefinite period. Waft is never limited to a certain period.
Therefore, Usufructis is a term where the state provides permission to use or to get benefits from those donated properties to Pious or charitable foundations. It does not transfer the ownership of the property to the foundations, but it allows them to use the property for public good. Therefore, when a Waqf is created, its ownership belongs to God.
Therefore, those who use the property were considered as trustees or caretakers of the property. However, they do not hold ownership of that property. In this contest, it was reported that for the divine dedication of the property, it can not be sold or transferred. It ensures that the property was donated for an indefinite period for charitable and religious purposes.
Waqf properties
Waqf board were the third biggest landholder of India after the Indian Army and Indian Railways, respectively. At present, as per the report, the Waqf board controls around 870000 properties, which further extends over 940000 acres all over India. This property was valued at around 1.2 lakh crores. Therefore, in the present time, it was fear of the Muslims that current laws were said about one nation and one law. However, through Waqf law, the government ran different laws for Muslims for which the Muslims were afraid of amendments.
Cases related to Waqf
Two cases had a significant impact on Waqf, Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad (1982) and Baqa Ullah Khan v. Ghulam Siddique Khan (1955). The Supreme Court, under the case of Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad, (1982). provided its judgement to identify and manage the Waqf properties. However, the significance of the Baqa Ullah Khan v. Ghulam Siddique Khan (1955) case was to manage the Muslim law in India regarding inheritance and property law.
Waqf Bill
Waqf board is a legal entity, and the members are focused on securing and managing Waqf properties. The Waqf Act was passed under section 9 (4) of the Waqf Act 1954. Under this act, the Waqf board mainly focuses on the Waqf board delivering reports regarding financial performance, revenue reports, Annual and Audit reports and encroachment of Waqf property activities. Therefore, a new act was passed in 1995, and it was amended in 2013. Through this act, most of the power was provided to the Waqf Board. This board has the highest power to decide whether the property is Waqf property or not. Additionally, under this act, the Tribunals’ decision was final.
Waqf Amendment Bill, 2024
On 8 August 2024, NDA allies JD(U) and TDP raise the Waqf amendment bill in Lok Sabha. Through this bill, the government focused on minimising the power of the Waqf board. Therefore, the government decided to make the District Collector the arbiter to determine whether the property is government or Waqf.
Moreover, through this act, the government further considered changing the name of the Waqf Act to the ‘Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995’. Moreover, under this act, the government consider to include two Muslim women and two non-Muslim members on this board. Through these changes, the government aims to prevent the unethical declaration of property, such as Waqf. According to the previous 1995 Act, the Tribunals decided on the declaration of the Waqf property.
However, under the amendment of Waqf Amendment Bill 2024, the power was delivered to the District Collector. Additionally, to eliminate the chances of further conflicts regarding these properties, the government made it compulsory to register the Waqf property under the District Collector’s Office.
The bill further states that any government property which was identified or declared as Waqf property before or after the commencement of this act was not considered Waqf property. The decision of the District Collector regarding the property was considered the final decision. Furthermore, the collectors were able to make necessary changes regarding the revenue record and submit it to the state government. Moreover, till the submission of the report, it shall not considered as the Waqf property.
FAQ
What is the meaning of Waqf?
Waqf means permanent dedication of a property to the pious, religious or charitable, and an individual Muslim can make Waqf under Islamic law.
What is the fear of Muslims regarding amendments?
It was the fear of the Muslims that current laws were said about one nation and one law. However, through Waqf law, the government ran different laws for Muslims for which the Muslims were afraid of amendments.
Which cases were related to Waqf?
Baqa Ullah Khan v. Ghulam Siddique Khan, (1955), Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad, (1982).
When was the Waqf Act 1995 amended?
Waqf Act 1995 was amended in 2013.
Can Non-Muslims be part of the Waqf board?
Two Non-Muslim will be part of the Waqf board under the Waqf Amendment Bill 2024.
Who is considered the arbiter regarding Waqf property under Waqf Amendment Bill 2024?
The government decided to make the District Collector the arbiter to decide whether the property is government or Waqf.
How many Muslim women were part of the Waqf Board under the new Waqf Amendment Act?
Two Muslim women
