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The
word Waqf is related to Muslim law. If any person wants to do ate it's
property (movable or immovable) for a religious or charitable purpose,
permanently in the name of God or Allah. Then the property is made as a waqf. The
person who donates his or her property is known as WAQIF.But if a
property is made as waqf, then there is no method by which the property can
be taken back. So, once a waqf, always waqf. The transfer of ownership is permanent, and it goes
to the State Waqf Board. The state
waqf board decides how to use that property for various purposes like making mosques, madrasas, graveyards, etc. To manage the property or waqf a
caretaker or the manager is appointed, known as MUTAWWALI. The Mutawwali
can neither sell nor transfer the property but he or she can generate the
income from those properties. Out of the income generated, 7 percent goes to the state waqf boards. There
are more than 30 waqf boards in Bharat, and the members are nominated by the
respective state governments. While at the central level, the Waqf councils are present . The disputes for any property are resolved by the Waqf tribunal.
An Overview of Waqf History in India
Waqf
properties in India have been regulated by several laws to improve
administration and prevent mismanagement:
The Mussalman Waqf Validating Act, 1913:
·
Allowed Muslims to create Waqfs for family benefit,
eventually leading to charitable purposes.
·
Aimed to improve Waqf management but was not very effective.
·
The Mussalman Waqf Act, 1923
·
Introduced rules for
proper accounting and transparency in Waqf management.
The Mussalman Waqf Validating Act, 1930:
Strengthened the legal validity of family
Waqfs, giving legal backing to the 1913 Act.
The Waqf Act, 1954:
·
Created State Waqf Boards (SWBs) for the first time to
oversee Waqf properties.
·
Strengthened Waqf management after India’s independence.
·
Established the Central Waqf Council of India in 1964 to
supervise State Waqf Boards and provided a pathway toward the centralisation of
Waqfs.
·
This central body oversees the work under various state Waqf
boards which were established under provisions of Section 9(1) of the Waqf Act,
1954.
Amendments to the Waqf Act, 1954 (1959, 1964, 1969, and 1984):
·
These amendments aimed to further improve the administration
of waqf properties.
The Waqf Act, 1995:
·
This comprehensive Act repealed the 1954 Act and its
amendments:
·
This was enacted to govern the administration of Waqf
Properties in India.
·
It provides for the power and functions of the Waqf Council,
the State Waqf Boards, and the Chief Executive Officer, and also the duties of
mutawalli.
·
Created Waqf Tribunals, special courts with powers similar to
civil courts.
·
Tribunal decisions are final and cannot be challenged in
civil courts.
·
In 2005 , a committee was formed by UPA government under former
justice Rajendra Sachar which is popularly known as SACHAR COMMITTEE .
This committee was made regarding the social , cultural and educational
condition of Muslim of Bharat . The Sachar committee submitted it’s report in
2006 on the status and potential of Waqf properties. Some very shocking points were seen such as
there are about 4.9 lakh registered Waqf in India having area of 6 lakh acres.
It’s book value was shown about 6000 crore only but at that time it’s market
value was about 1.2 lakh crores . The Waqf properties were mainly concentrated
at West Bengal(148200 acres) and in Uttar Pradesh (122839 acres ) . On these
properties ,only 168 crore income was generated annually with 0.27 percent
return but sachar committee told that at
least 12000 crore income can be generated with 10 percent of annual
return. It showed a very huge corruption
, under utilization and mismanagement of waqf properties. Sachar committee suggested some Reforms which
are as follow :
·
Stricter rules for mutawallis
·
Digital record keeping
·
Women representation must be allowed
·
Non Muslim professionals must be in the council and board so
that the properties can be managed in the better way
·
Survey of the properties in every 6 months
The Waqf (Amendment) Act, 2013 introduced significant changes
including:
·
Created three-member Waqf Tribunals, including a Muslim law
expert.
·
Required two women members on each State Waqf Board.
·
Prohibited the sale or gifting of Waqf properties.
·
Increased the lease period of Waqf properties from 3 years to
30 years for better use.
·
On 8th August 2024 , the Union minister of
minority affairs Shri Kiren Rijiju ji presented two bills in front of The
Speaker of Lok Sabha which were named as
·
Waqf (amendment ) Bill , 2024
Mussalman Wakf (Repeal ) Bill , 2024
The
bills were presented for better management and development of Waqf
properties, clear rules and smoother
functioning of the Board . But due to demand by opposition MPs the bills were sent
to Joint parliamentary committee headed by Shri Jagdambika Pal ji . The JPC
discussed with various public experts stakeholders, and different organisation of Muslims . The
committee submitted it’s report on 30th January 2025 . It had
recommended 25 suggestions or improvement in the bills which were added at that
time .
On
3rd April 2025 it was presented in front of Lok Sabha . It was
passed by 288 – 232 majority . While in Rajya Sabha it was presented on 4th
April 2025 , it was passed with majority of 128- 95 . On 6th April
2025 , the Bill was made an act after the final signature of Honorable
President of India.
·
CONTROVERSIES RELATED TO THE PREVIOUS BILLS AND THE
IMPROVEMENT DONE IN PRESENT BILL :
·
Before 6th April the non Muslims can also donate
their properties as waqf but in new Bill those persons who are practicing Islam
for at least 5 years only they can donate their land as waqf.
·
Waqf by user : One of the most controversial point of the previous
acts . If a property is used for prayer , mosque or any other religious purpose
of Muslims for a long time , it will
become automatically as waqf . Now , the official declaration will be
required to claim any property as waqf .
·
The Government land enactment : About 5973 Government properties has
been enacted by 25 state waqf boards . These properties have no any official
document . Now , these properties will be verified by the District
collector of that area . If official record exist that the land belongs to
State waqf board then it will be given to them . If the documents of those
properties are not present then the properties will be occupied by the
Government.
·
Before 6th April,
the survey commissioner was appointed by waqf boards but expense were given
by state governments. The survey
commissioner submitted it's report to State government and State Waqf
Boards. After this a gazette
notification was issued by State government about that property , in the case
of controversy the accused person has only 1 year of limitation period to
challenge the property as himself . If one year was completed the property
automatically became Waqf .
Limitation act of 1963 says that in case of individual
property , time period to file a case is 12 years while in case of government property
one can appeal with in 30 years .(exception was waqf )
Section 107 of Waqf act says that nothing contained in Limitation
act 1963 shall apply to any suit for possession of immovable property comprised
in any waqf or for the possession of any interest in such property.
Now , section 107 has been removed and the limitation period has became
12 years .
·
The property disputes were mainly solved by waqf tribunal .
It’s decision was final and no one can go to high court or Supreme court
against it . Only in the case of legal error or violation of Constitution one
can appeal to Supreme court or high court. Now , if the person is not
satisfied by tribunal then he or she can appeal in the highe court within 90
days .
·
Waqf Alal aulad (inheritance rights) : In a family of Muslim if there
were no male heir (legal heir ) , the property was submitted to waqf
automatically . The females were not considered as a legal heir in the family .
Now , the females will also consider as a legal heir , equal rights and
equal share will be given the them also.
·
In waqf Council: There are 22 members in which all of
them were males and belonged to Muslim community . Now , 2 member will
be non Muslim and 2 female members will also included in the council . The non
Muslim members will be restricted solely to the administration of charity
related matters only .
·
In Waqf board : There are 11 members in which all of them
were males and belonged to Muslim community only . Now , 2 members will
be non Muslim and 2 women will also be included in the Board members . Non
Muslims will be restricted solely to the administration of charity related
matters only .
·
In waqf tribunal: There were a Muslim law expert , a State officer of
Additional District Magistrate rank and a District/sessional / civil class 1
judge were present . Now , a current of former judge will be as chairman
of the tribunal , a current or former joint secretary of state government will be present in the
tribunal .
The waqf is definitely a part of Muslim personal law but
state waqf boards and waqf council are a part of property dispute and the
government can do a Change in it .
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Shashwat
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