The government is set to present the Waqf Amendment Bill, 2024 in Parliament today. This comes after strong opposition from political parties who have called it a "targeted" law. The bill, first introduced on August 8, 2024, seeks to modify the Waqf Act of 1995 and aims to improve the regulation of waqf properties in India.

But what exactly is waqf? Why was the Waqf Board created? And what are its powers? Here’s everything you need to know.

What Is Waqf?

The term waqf refers to the permanent donation of movable or immovable property for religious, charitable, or holy purposes in Islam. In India, places like mosques, dargahs, graveyards, and imambaras are often designated as waqf properties.

A person who donates a property for religious or charitable purposes is called a wakif. Once a property is designated as waqf, it can no longer be sold or transferred—it remains for charitable use forever.

How does a property become a Waqf?

A property can become waqf in two ways:

  1. By donation: A person donates property through a formal document or deed.

  2. By religious use: If a property is used for religious or charitable purposes over time, it can be recognized as waqf.

Even non-Muslims can create a waqf, as long as the purpose aligns with Islamic charitable practices.

What is the Waqf board, and what are its powers?

The Waqf Board is a government body that manages waqf properties in India. It was set up under the Waqf Act, 1995, to oversee and protect waqf lands.

Each state has its own Waqf Board, which is headed by a chairperson. The board includes:

  • Muslim MPs and MLAs from the state

  • Muslim members of the State Bar Council

  • Islamic scholars

  • Mutawalis (caretakers of waqf properties) whose annual income is above ₹1 lakh

Functions of the Waqf Board:

  • It identifies, manages, and protects waqf properties.

  • It has the power to recover lost waqf properties.

  • It sanctions the sale, mortgage, or lease of waqf properties.

  • It appoints custodians to ensure waqf funds are used correctly.

The Central Waqf Council (CWC), set up in 1964, oversees all state-level Waqf Boards.

What are the issues with the Waqf Board?

  1. Land disputes: The Waqf Board cannot claim property unless it was recorded as waqf land in government records before Partition. The board has to prove its claim in court.

  2. Section 40 of the Waqf Act: This section allows the State Waqf Board to decide whether a property is waqf or not. The board’s decision is final unless overturned by a tribunal.

  3. No higher court appeals: Decisions by Waqf Tribunals cannot be challenged in higher courts, limiting judicial oversight.

  4. Public Interest Litigation (PIL) in Supreme Court: BJP leader Ashwini Upadhyay filed a PIL in the Supreme Court, challenging the Waqf Act and demanding a uniform code for religious properties. However, in April 2023, the Supreme Court refused to hear the case, saying the law cannot be challenged without strong legal grounds.

  5. Incomplete surveys: A survey of waqf properties is required under the 1995 Act, but many states, including Gujarat, Uttarakhand, and Uttar Pradesh, have not completed their waqf surveys.

What is the Waqf Act, 1995?

The Waqf Act, 1995, was passed to improve the management of waqf properties. It sets up:

  • Central Waqf Council (CWC)

  • State Waqf Boards

Key Features of the Waqf Act, 1995:

  • Mandatory registration of all waqf properties.

  • Creation of a central register for waqf assets.

  • Power to remove encroachments from waqf lands.

  • Authority to appoint executive officers for waqfs earning over ₹5 lakh annually.

  • Strict financial monitoring of waqf properties.

Proposed changes in the Waqf Act

  • Mandatory property registration: Waqf Boards must register their properties with district collectors to ensure proper valuation. Currently, India has 30 Waqf Boards managing 8.7 lakh properties spread over 9.4 lakh acres.

  • Authority shift from Waqf Board to District Collector: Under Section 40, the Waqf Board had the power to decide if a property belonged to waqf. The new Bill transfers this decision-making power to the district collector, instead of the Waqf Tribunal.

  • Change in council membership: Previously, only Muslims could be appointed as MPs, former judges, or eminent persons in the Waqf Council. The Bill removes this rule and requires at least two non-Muslim members to be included.

  • Revenue concerns: The estimated revenue from all waqf properties is Rs 200 crore per year, which is considered too low compared to the number of properties under Waqf Boards.

  • Clarification on government-owned property: Any government-owned property that has been declared or identified as waqf property (before or after the Act) will not be treated as waqf property. The district collector will decide this instead of the Waqf Tribunal.

  • Disputed properties: If a property is in dispute, it will be treated as government property until the government makes a final decision.

  • Women’s representation: The changes will ensure more women are included in Waqf Boards.

  • Time limit for property disputes: The Bill removes Section 107, which had earlier prevented any time limit on filing property-related cases. Now, the Limitation Act, 1963, will apply, meaning the Waqf Board will have only 12 years to file cases for reclaiming properties.

The government says the Waqf Amendment Bill, 2024, will improve waqf property management. However, the Opposition argues that it unfairly targets one community.

 

You might also be interested in - Modi govt issues notice to take over 123 assets of Waqf Board, including Jama Masjid of Delhi