Decoded: Understanding the Waqf System, Proposed Amendments, and Its Controversies

The Waqf system has been a cornerstone of Islamic endowments, facilitating religious and charitable activities across India for centuries. However, recent developments, particularly the Central Government's proposed amendments to the Waqf Act, have sparked debates nationwide. This article analyzes Waqf's history, governance, challenges, and the current controversy surrounding the proposed amendments.

What is Waqf?

Waqf is an Islamic endowment in which property is permanently dedicated to religious or charitable purposes. The term originates from the Arabic word "waqafa," meaning to stop, contain, or preserve. In legal terms, Waqf refers to the dedication of movable or immovable property by a Muslim solely for purposes deemed pious under Islamic law.

Key Characteristics of a Waqf:

• Irrevocability: Once a property is declared as Waqf, it cannot be sold, transferred, or inherited. It is considered as belonging to God.
• Perpetuity: Waqf properties are intended to serve their designated purpose indefinitely.
• Charitable Intent: Waqf proceeds are used to maintain mosques, schools, graveyards, and shelter homes.

Formation of Waqf

• A property can become a Waqf through a deed (Waqf deed) or long-standing usage for religious/charitable activities.
• The individual creating a Waqf, known as the Waqif, must be of sound mind and possess valid ownership of the property.
• A Waqif does not necessarily have to be Muslim but must adhere to Islamic principles while dedicating the property.

How is Waqf Governed in India?

India's Waqf system is regulated under the Waqf Act, of 1995, which replaced the earlier Wakf Act of 1954. This legislation aims to ensure the effective administration of Waqf properties.

Role of Waqf Boards

Each state in India has a statutory Waqf Board, which oversees the management of Waqf properties. These boards are responsible for:

• Property Maintenance: Ensuring Waqf properties serve their intended purposes.
• Registration: Mandating the documentation of all Waqf properties.
• Supervision: Monitoring the activities of Mutawallis (property managers).
• Dispute Resolution: Addressing legal disputes related to Waqf properties.

The Central Waqf Council (CWC), established in 1964, serves as an advisory body to the central and state governments. It provides guidelines to state Waqf Boards and ensures uniform practices across the country.

Proposed Amendments to the Waqf Act

The government plans to introduce amendments to the Waqf Act, of 1995, which aim to streamline property management, reduce administrative challenges, and improve accountability. Reports indicate that approximately 40 amendments have been approved for the upcoming Bill.

Key Provisions of the Proposed Amendments:

• Renaming the Act: Reflecting a broader perspective on governance and inclusivity.
• Enhanced Surveys: Empowering local authorities to conduct comprehensive property surveys.
• Technological Integration: Introducing digital record-keeping for better management.
• Diverse Representation: Modifying the composition of Waqf Boards to include non-Muslim members for better inclusivity.
• Appeals Mechanism: Allowing decisions of Waqf Tribunals to be challenged in higher judicial forums.

Criticism of the Proposed Amendments

Concerns of Autonomy

Several Muslim leaders have raised objections to the amendments, arguing that the changes might undermine the independence of Waqf Boards. Critics like AIMIM Chief Asaduddin Owaisi have warned that:

• Increased government control over Waqf properties could lead to administrative chaos.
• Changes in Board composition might dilute the religious essence of the Waqf system.

Impact on Religious Freedom

The amendments are perceived by some as an encroachment on religious rights, potentially conflicting with Articles 25-28 of the Indian Constitution, which safeguard religious freedom.

Challenges Facing the Waqf System

The Waqf Boards face several systemic issues that hinder effective property management:

• Encroachment: Many Waqf properties are illegally occupied, leading to revenue losses.
• Financial Mismanagement: Inefficient administration results in poor utilization of funds.
• Litigation: Property disputes are frequent, delaying the resolution of ownership and usage issues.
• Incomplete Surveys: Lack of accurate data impedes the proper registration and management of Waqf properties.
• Misuse of Authority: Allegations of corruption and nepotism within Waqf Boards diminish public trust.
• Lack of Female Representation: Minimal participation of women in decision-making processes.

Waqf Act, 1995: Key Features

The Waqf Act, of 1995 introduced robust measures for better governance of Waqf properties. Significant provisions include:

• Mandatory Registration: Ensuring all properties are documented with the Waqf Boards.
• Regular Audits: Strengthening financial accountability.
• Tribunals: Establishing specialized Waqf Tribunals to resolve disputes.
• Centralized Oversight: Empowering the Central Waqf Council to oversee state-level operations.

Proposed Waqf (Amendment) Bill, 2024

The Waqf (Amendment) Bill, 2024 aims to address these challenges while modernizing the governance framework.

• Introduction of Technology: Digital platforms for property records and tracking.
• Enhanced Accountability: Provisions for stricter audits and penalties for misuse.
• Appeals Process: Allowing for judicial review of Tribunal decisions to ensure fairness.

Conclusion

The ongoing Waqf controversy highlights the complexities of balancing religious autonomy with administrative efficiency. While the proposed amendments aim to modernize the governance of Waqf properties, they must address community concerns to avoid polarizing opinions. A transparent and inclusive approach, backed by technology and robust legal frameworks, can ensure that the Waqf system continues to serve its intended purpose of fostering religious and charitable endeavors.

Warm Regards,

Sahil Sajad Reshi

"We make a living by what we get, but we make a life by what we give." — Winston Churchill