Waqf is an Islamic property endowment that is primarily used for religious, philanthropic, or social reasons. A property classified as waqf is considered permanently consecrated and cannot be sold, inherited, or transferred. The income from waqf properties is used for public welfare projects like as mosques, schools, hospitals, and orphanages.
There are 32 Waqf Boards in 23 states and 7 Union Territories, with Bihar and Uttar Pradesh having separate Shia and Sunni Waqf Boards. According to the Waqf Asset Management System of India (WAMSI) portal, there are currently 8.72 lakh registered Waqf properties, spread over an area of 37.39 lakh acres. Waqf institutions in India have historically lacked inclusiveness, limiting the participation of key stakeholders like disadvantaged Muslim communities such as Aghakhanis, Bohras, backward Muslim classes, women and non-Muslims. This exclusion has prevented Waqf properties from fulfilling their intended purpose—the welfare and upliftment of disadvantaged communities and the poor. A revised governance model is necessary to ensure efficiency, accountability and equitable use of Waqf properties and stop illegal occupation of properties.
Does the Congress administration's creation of the Waqf board, as well as subsequent changes in 1954, 1995, and 2013, imply that they do not believe in Dr. Babasaheb Ambedkar's constitution? The worst forms of selfishness harmed not only Hindus, Sikhs, Jains and Buddhs, but also majority of Muslims and Christians. Muslims and other minorities must understand how dynastic political parties use the majority of minorities for political benefit. The majority of Muslims' religious beliefs have been used to poison their minds against Hindus and the nation in order to obtain political advantage and maintain power.
What are the issues related to the Waqf Board?
1. Irrevocability of Waqf properties
The principle of “once Waqf, always Waqf” has led to disputes, such as claims over islands in Bet Dwarka, which have also been found to be moot by the courts.
2. Legal disputes and mismanagement: The Waqf Act, 1995 and its 2013 amendment have not been effective. Some of the problems include:
• Illegal occupation of Waqf land
• Mismanagement and ownership disputes
• Delays in property registration and survey
• Large scale litigation and complaints to the ministry
3. No judicial oversight
Decisions taken by Waqf tribunals cannot be challenged in higher courts. This reduces transparency and accountability in waqf management.
4. Incomplete survey of waqf properties. The work of the Survey Commissioner has been poor, leading to delays. In states like Gujarat and Uttarakhand, the survey has not yet started. In Uttar Pradesh, the survey ordered in 2014 is still pending. Lack of expertise and poor coordination with the revenue department has slowed down the registration process.
5. Misuse of waqf laws
Some state waqf boards have misused their powers, leading to community tensions. Section 40 of the Waqf Act has been widely misused to declare private properties as waqf properties, leading to legal battles and unrest. As per information received from 30 states/UTs, data was provided by only 8 states, where 515 properties have been declared as waqf under Section 40.
6. Constitutional validity of the Wakf Act
The Wakf Act applies only to one religion, while no similar law exists for others.
A Public Interest Litigation (PIL) has been filed in the Delhi High Court raising the question whether the Wakf Act is constitutional. The Delhi High Court has sought a response from the Central Government on the issue.
What steps did the Ministry take before introducing the Bill and what consultations were held with the stakeholders?
The Ministry of Minority Affairs consulted various stakeholders, including the concerns raised by the Sachar Committee Report, public representatives, media and general public about mismanagement, misuse of powers of the Wakf Act and underutilisation of Wakf properties by Wakf institutions. The Ministry also consulted State Wakf Boards.
The Ministry initiated the process of reviewing the provisions of the Wakf Act, 1995 and held consultations with stakeholders. Two meetings were held- one on 24.07.2023 at Lucknow and the other on 20.07.2023 at New Delhi, wherein the following issues were discussed in detail. A consensus was reached to make suitable amendments in the Act to address the problems of the affected stakeholders.
Broadening the structure of CWC (Central Waqf Council) and SWB (State Waqf Boards)
Role and responsibilities of Mutawallis
Restructuring of Tribunals
Improvement in the process of registration
Declaration of titles
Survey of Waqf properties
Mutation of Waqf properties
Filing of accounts by Mutawallis
Improvement in annual account filing
Review of provisions relating to evacuee properties/Limitation Act
Scientific management of Waqf properties
Further, the Ministry has also analysed international practices on Waqf management in other countries like Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh and Turkey and found that Waqf properties are generally regulated by laws and institutions established by the Government.
On February 26, 2025, the Government of India approved the proposed amendments to the Waqf (Amendment) Bill incorporating the changes recently recommended by the parliamentary panel. After which this bill will be tabled in Parliament in the first week of April 2025.
Muslim Sect Seeks Law Protecting Trusts From Waqf Board
Aga Khan Shia Ismaili Muslim community has approached the government, seeking to draft a law to keep charitable trusts and properties out from the Waqf Board's ambit. Hundreds of charitable institutions, including those related to the Shias and Dawoodi Bohras, had approached the Tribunal to challenge them being listed as 'waqf'. The institutions argued that though they perform secular functions, they have been registered as Muslim minority organizations.
July 2010, Kerala: Kerala govt in 2007 had appointed ‘M A Nisaar Commission’ to study the irregularities in the Waqf Board. The Commission's report was tabled in the assembly in 2010. The report revealed that 676 Acres of Waqf land was sold illegally. In 2016, Kerala HC, while listening to a petition, directed the Kerala government to implement the M A Nissar Commission report. The commission, in its report, pointed out corruption, mismanagement and irregularities in the administration of the Board and institutions under it.
Muslim communities in other European nations (such as France, Germany, and the United Kingdom) have religious properties, but they are not formally established as "Waqf Boards". Most properties are registered under the names of Muslim Charity Trusts or Islamic Foundations. Two examples.
Country : Saudi Arabia
WAQF Status: In Saudi Arabia, Waqf is governed by the General Authority for Awqaf (GAA), which was founded by royal decree in 2016. The GAA is a public agency with financial and administrative independence that reports directly to the Prime Minister. Saudi Arabia focuses on modernizing Waqf management and incorporating it into national development.
Country : United Arab Emirates (UAE)
WAQF Status: The General Authority of Islamic Affairs and Endowments is in charge of waqf properties in the UAE, which are governed by federal laws. In the United Arab Emirates (UAE), the General Authority of Islamic Affairs and Endowments (GAIAE), often known as Awqaf, is a government organization in charge of waqf properties, which are religious endowments under Islamic law.
Conclusion
The key to maintaining the nation's integrity is to respect the Constitution. Everyone, regardless of religion, should take a bold stand against selfish political agendas. Otherwise, breaking India forces will succeed in breaking the nation, further weakening it socioeconomically and culturally. Let us be unified with the nation at heart.
By Pankaj jagannath Jayswal
(The content of this article reflects the views of writers and contributors, not necessarily those of the publisher and editor. All disputes are subject to the exclusive jurisdiction of competent courts and forums in Delhi/New Delhi only)
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