Are proposed amendments to Waqf Act a political or a welfare move?

New Delhi: The government is all set to introduce an amendment bill to curb the power of Waqf Boards. The proposed bill has already been discussed by the Cabinet on August 2.

This has generated a widespread debate in public and political domains.

One section of the people is of the opinion that it is necessary to curb the arbitrary powers of Waqf Boards while the other sees it as a move to control the boards by the government.

The timing of the bill is also important as it comes ahead of the assembly elections in three states of Haryana, Maharashtra and Jharkhand, which are expected to be held in October-November this year. 

The All India Muslim Personal Law Board has hit out at any proposed changes to the Wakf Act, 2013.

“Any change in the Wakf Act which alters the nature of Wakf properties or makes it easier for the government or any individual to usurp them will not be acceptable,” said AIMPLB spokesman SQR Ilyas. The board is contemplating legal redress if the government makes any “sweeping changes” to the Act.

Samajwadi Party chief and Kannauj MP Akhilesh Yadav on Monday said his party will oppose the Centre's move to curb the powers of the Waqf Board.

"BJP has no work except Hindu-Muslim or how to snatch the rights of Muslim brothers. The rights they have are, the right to freedom or the right to follow their religion, and the right to maintain their working system. We will oppose it," the former UP chief minister said.

Congress spokesperson Rashid Alvi said Waqf properties are donated by the Muslims. "Some are donated for charitable work and others for religious purposes Modi government intends to loot these properties." He urged the coalition partners Bihar Chief Minister Nitish Kumar and his Andhra Pradesh counterpart Chandrababu Naidu to intervene and oppose the bill.

DMK leader TKS Elangovan slammed the BJP over the move.

AIMIM MP Asaduddin Owaisi spoke in parliament that the Narendra Modi government is reportedly planning to table a bill in Parliament that would curb the Waqf Board's power over assets.

JMM's Mahua Maji said a one-sided view should not be taken and if any amendments are to be made, the government should listen to all sides.

BJP MP Trivendra Singh Rawat said it is a good thing if shortcomings in the Wakf Act are being removed.

What are the key amendments proposed?

The bill proposes around 40 amendments to the existing Waqf Act. The major amendments include:

Mandatory verification: All claims by Waqf Boards will now be subject to mandatory verification.

Changes in section 9 and section 14: These sections will be amended to alter the composition and functioning of the Waqf Boards, to ensure representation for women.

Fresh verification of disputed land: Properties claimed by Waqf Boards will undergo fresh verification to resolve disputes.

Involvement of district magistrates: To prevent misuse, district magistrates may be involved in the monitoring of waqf properties.

The restructuring of the board and the inclusion of women

Waqf board and Waqf property: An overview

A waqf is an inalienable charitable endowment under Islamic law, typically involving donating a building, plot of land, or other assets for religious or charitable purposes with no intention of reclaiming the assets. The donated assets are held in perpetuity and cannot be sold, inherited, or otherwise transferred.

Waqf property: This refers to the properties or assets that are donated under the waqf. They are meant to be used for the benefit of the community, such as for the establishment of mosques, schools, hospitals, and other public welfare projects.

Historical background: The practice was initiated by the Prophet Muhammad, who recommended that Muslims donate their property for the welfare of the community. Over centuries, waqfs have played a crucial role in the socio-economic development of Muslim societies.

Waqf Boards - Purpose and role: Waqf Boards are statutory bodies established to manage and oversee waqf properties. They ensure that these properties are used for the intended charitable purposes and are not misappropriated or neglected.

Waqf Board's functions

Management of properties: They maintain records of waqf properties, ensure their proper use, and manage their income and expenses.

Development projects: They may undertake or approve projects for the development of waqf properties.

Legal oversight: They handle legal issues related to waqf properties, including resolving disputes and preventing encroachments.

Waqf in India - Historical context

The institution of waqf in India dates back to the early Islamic period when Muslim rulers established various waqfs for religious and charitable purposes. Over time, these waqfs became integral to the socio-economic fabric of the Indian Muslim community.

Legal framework

The management of waqf properties in India is governed by the Waqf Act of 1995 (amended in 2013). This Act establishes Central and State Waqf Boards to oversee waqf properties.

Central Waqf Council: An advisory body to the Central Government on waqf matters.

Provides financial support to State Waqf Boards for the development of waqf properties.

State Waqf Boards: Each state has its own Waqf Board responsible for managing waqf properties within the state.

Issues and challenges

Encroachment and mismanagement: A significant portion of waqf properties have been encroached upon or mismanaged, leading to loss of revenue and underutilisation.

Legal disputes: Waqf properties are often subject to legal disputes, complicating their management.

Lack of awareness: Many people, including beneficiaries, are unaware of the existence and purpose.