Waqf Amendment Bill 2025: Answers of All Your Doubts and Questions Here

On August 8, 2024, two important bills were introduced in the Lok Sabha. These are the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024. The main purpose of these bills is to improve the working of the Waqf Board and ensure better management of Waqf properties. The Waqf (Amendment) Bill, 2024, aims to change the Waqf Act, 1995. It wants to solve the problems in managing Waqf properties. This bill will improve how Waqf boards function. Some important changes include renaming the Act, making the definition of Waqf clearer, improving the registration process, and using technology to manage records better. The Mussalman Wakf (Repeal) Bill, 2024, is meant to remove the Mussalman Wakf Act, 1923. This is an old law from the Colonial era, and it is no longer useful. By removing this law, the government wants to make the administration of Waqf properties more transparent and efficient. The aim is to avoid confusion and ensure all rules come under one main law, the Waqf Act, 1995.

The Waqf (Amendment) Bill 2024 has been sent to the Joint Committee of Parliament for further review.

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Understanding Waqf: Common Questions and Answers

1. What is Waqf?

Waqf refers to properties that are given for religious or charitable purposes under Islamic law. Once a property is made Waqf, it cannot be sold or used for other purposes. The ownership of such property is believed to belong to Allah. The person who donates the property is called the ‘Waqif.’ Since Allah is not a physical being, a manager called ‘Mutawalli’ is appointed to take care of the Waqf property.

2. What is the origin of Waqf in India?

The concept of Waqf in India started during the Delhi Sultanate period. Sultan Muizuddin Sam Ghaor donated two villages for the Jama Masjid in Multan. During the Mughal period, the number of Waqf properties increased. In the British era, there was a case where British judges called Waqf a bad practice and tried to remove it. However, in 1913, the Mussalman Waqf Validating Act was passed to protect Waqf properties in India.

3. How has the law on Waqf changed in India?

Since 1954 onwards, the law on the Waqf Act has been changing, and till 2022, it was repealed. Below is given in more detail:

• Waqf Act, 1954: This law created a system to manage Waqf properties better. A Central Waqf Council was set up in 1964 under this Act.
• Waqf Act, 1995: This law gave more power to Waqf boards and made their decisions final. It also created Waqf Tribunals to settle disputes.
• Amendments in 2013: Some changes were made in 2013 to make Waqf management more transparent.
• Waqf Repeal Bill, 2022: This bill was introduced in 2023 to ensure fairness in the treatment of religious properties.

4. Can Waqf properties be taken back?

No, once a property is made Waqf, it remains Waqf forever. The property is believed to be owned by Allah, so it cannot be taken back or sold. For example, the Bengaluru Eidgah ground has been a Waqf property since the 1850s. Similarly, in Surat, a Municipal Corporation building is claimed as Waqf property because it was used as a rest house during the Mughal era.

5. Do all Islamic countries have Waqf properties?

No, not all Islamic countries have Waqf properties. Some countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not follow the Waqf system. However, in India, Waqf Boards are among the largest landowners, and they have special legal protection.

Waqf Board: Properties, Issues, and Challenges

6. How many Waqf properties are under Waqf board control?

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The Waqf Board controls 8.7 lakh properties spanning 9.4 lakh acres across India, valued at an estimated 1.2 lakh crores. The country with the largest waqf holdings in the world is India. The Waqf Board is the largest landowner in India after the Armed Forces and Indian Railways.

7. How many estates and properties are registered under the Waqf Board?

Registered Waqf Estates and Properties are :

• Waqf Estates Registered: 356,051
• Immovable Properties Registered: 872,328
• Movable Properties Registered: 16,713
• Digitized Records: 330,000

8. What are the issues concerning the Waqf Board?

Many major issues are highlighted in the Waqf Board, which are given in detail below:

a) Structural and Administrative Issues

• Limited diversity in the composition of Waqf Boards and the Central Waqf Council.
• Misuse of power by Mutawallis (custodians of Waqf properties).
• Lack of proper accounting and financial transparency in Waqf property management.
• Ineffective coordination with local revenue authorities.

b) Legal and Judicial Concerns

• Properties Dedicated to Waqf Cannot Be Revoked: Property disputes involving places like the Bet Dwarka islands often pop up because legal rules say that waqf property always stays waqf property, no matter what.
• No Judicial Oversight: Decisions of Waqf Tribunals cannot be appealed in higher courts, affecting transparency and fairness in property claims.
• Litigation and Mismanagement: The Waqf Act, 1995, and its 2013 amendment have been criticized for inefficacy, leading to issues such as encroachment, mismanagement, ownership disputes, and delays in registration.
• Misuse of Legal Provisions: Section 40 of the Waqf Act has been widely misused by State Waqf Boards to acquire and declare properties as waqf, generating large-scale litigations and creating disharmony among communities.
• Constitutional Validity: The Waqf Act applies exclusively to properties of one religion, unlike any other religious property law in India. A PIL questioning its constitutional validity is pending in Delhi High Court.

c) Operational Challenges

• Encroachment Issues: Inefficiency in removing illegal occupation of waqf lands.
• Survey Work Delays: Surveys remain incomplete or unsatisfactory in states like Gujarat, Uttarakhand, and Uttar Pradesh.
• Poor Registration and Declaration of Titles: Lack of coordination with revenue departments has slowed down proper registration of waqf properties.
• Low Revenue from Properties: Despite being one of the largest landholders, the income generated from Waqf properties remains negligible due to mismanagement.

Understanding Waqf: Key Issues and Government Actions

9. How many complaints related to Waqf have been received by the Ministry of Minority Affairs?

The Ministry of Minority Affairs has received a significant number of complaints from both Muslims and non-Muslims regarding issues such as illegal encroachments on Waqf land, mismanagement of properties, and delays in official processes.

• Since April 2023, 148 complaints have been recorded, mainly concerning encroachments, illegal sales, survey delays, and grievances against Waqf Boards and Mutawallis (managers of Waqf properties
• Between April 2022 and March 2023, 566 complaints were received through the CPGRAMS (Centralized Public Grievance Redress and Monitoring System). Of these
• 194 complaints were about illegal encroachments and land transfers
• 93 complaints were against Waqf Board officials and Mutawallis
• Parliamentarians have raised concerns about several Waqf-related issues, including property registration delays, undervaluation of rental properties, encroachments, inheritance rights of widows, slow property digitization, and incomplete surveys.

10. How many Pending Cases are there in the Waqf Tribunals?

The Ministry’s analysis of Waqf Tribunals reveals 40,951 pending cases. 9,942 cases were filed by members of the Muslim community against Waqf management institutions. There is a significant delay in resolving cases, and there is no judicial oversight on tribunal decisions.

11. How many Waqf-related disputes are there in India?

Several high-profile cases highlight the ongoing issues with Waqf property management:

1. Thiruchenthurai Village, Tamil Nadu

• A farmer, Rajagopal, faced financial hardship as he was unable to sell his land due to Waqf Board claims over the entire village.
• Nawab Anwardeen Khan donated the village as Waqf in 1956.
• The Waqf Board sought to assign a “zero value” to Waqf properties, but this decision is currently under review by the Ministry of Minority Affairs.

2. Bengaluru Eidgah Ground Case

• Despite no official title transfer to any Muslim organization, Waqf claims it as a Waqf property since the 1850s.

3. Surat Municipal Corporation Case

• The Gujarat Waqf Board claimed ownership of the Surat Municipal Corporation building, arguing that it was historically a rest house (sarai) during the Mughal era and thus remains Waqf property.

4. Islands in Bet Dwarka

• The Gujarat Waqf Board petitioned the High Court, claiming ownership of two islands in Bet Dwarka.
• The High Court dismissed the petition, questioning how Waqf could claim land in a Hindu pilgrimage site.

5. Shiv Shakti Society, Surat

• A plot owner registered his land with the Gujarat Waqf Board, leading to its designation as a holy place where people started offering Namaz.
• This raised concerns that any property could potentially be converted into Waqf land without the consent of other residents.

12. What are the steps taken by the Ministry before the introduction of the amendment bill?

The Ministry of Minority Affairs has initiated amendments to the Waqf Act, 1995 to address grievances and streamline property management.

• Consultations were held with stakeholders in Lucknow (July 24, 2023) and New Delhi (July 20, 2023).
• The Ministry identified key areas for reform, including:
• Restructuring Waqf Boards and Tribunals
• Defining roles and responsibilities of Mutawallis
• Improving property registration and title declaration processes
• Enhancing surveys and record digitization
• Strengthening financial accountability measures
• Clarifying legal provisions related to evacuee properties

International Practices in Waqf Management

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The Ministry studied the management of Waqf properties in countries like Saudi Arabia, Egypt, Kuwait, Oman, Pakistan, Bangladesh, and Turkey. These countries regulate Waqf properties through specific laws and government institutions, providing possible models for reform in India.

13. How many stakeholders have been consulted by the government?

The Ministry sought inputs from the Sachar Committee Report, Joint Parliamentary Committees (JPCs), public representatives, media, and the general public. Concerns were raised regarding the mismanagement and underutilisation of Waqf properties, along with excessive bureaucratic control. State Waqf Boards were also consulted to improve governance and transparency in the system.

14. What are the recommendations made by the Sachar Committee?

The Sachar Committee, which submitted its report in 2006, focused on improving the management and efficiency of Waqf properties in India. It estimated that if these properties were efficiently managed and utilised in a marketable way, they could generate an annual revenue of ₹12,000 crore.The committee made several key recommendations: 

1. Regulation and Oversight of Mutawallis: Ensuring that mutawallis (custodians of Waqf properties) operate under stricter regulations to enhance transparency.
2. Improved Record-Keeping: Emphasising the need for efficient management of Waqf records to prevent mismanagement or illegal encroachments.
3. Inclusion of Non-Muslim Experts: Encouraging the participation of technical experts from outside the Muslim community to improve professional handling of Waqf properties.
4. Structural Reforms in Waqf Boards: Recommending administrative strengthening of Central and State Waqf Boards, including the appointment of two women members in both bodies.
5. Higher-Level Administrative Appointments: Suggesting that a Joint Secretary-level officer be appointed to oversee Waqf-related matters.
6. Financial Audits: Bringing Waqf properties under strict financial audits to ensure accountability.

15. What are the recommendations made by the Joint Parliamentary Committee (2008)?

The Joint Parliamentary Committee on Waqf, which submitted its report to the Rajya Sabha on March 4, 2008, proposed several reforms to enhance Waqf governance and accountability. These include:

1. Revamping Waqf Board Composition: Restructuring the Waqf Boards to include qualified professionals and independent oversight.
2. Appointment of a Senior-Level CEO: Ensuring that each State Waqf Board (SWB) has a senior-level officer as its CEO to improve administration.
3. Strict Action Against Unauthorised Alienation: Preventing the unauthorised transfer or sale of Waqf properties by imposing stricter regulations.
4. Legal Action Against Mismanagement: Imposing stricter punishments on mutawallis who fail in their duties or misuse Waqf properties.
5. Judicial Oversight: Allowing certain Waqf-related cases to be heard under the writ jurisdiction of the High Courts.
6. Digitalisation and Representation of the Shia Community: Advocating for computerisation of Waqf records and ensuring adequate representation of Shia Muslims in the Central Waqf Council (CWC).

16. What are the key features of the Waqf (Amendment) Bill, 2024?

The Waqf (Amendment) Bill, 2024, introduces several key changes to improve the governance, management, and transparency of Waqf properties in India. Here’s a simplified breakdown of the major updates:

1. New Name for the Law:    The existing Waqf Act, 1995, has been renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995. The purpose of this change is to highlight the focus on better organization, empowerment, and transparency in handling Waqf properties.

2. Stricter Rules for Declaring Waqf Property: A property can only be designated as Waqf through a formal declaration, proof of long-term religious use, or an endowment. Only a Muslim individual who has actively followed Islam for at least five years can declare a property as Waqf. The law eliminates the concept of “waqf by user”, meaning a property cannot automatically become Waqf just because it has been used for religious purposes over time. Family Waqf (waqf-alal-aulad) must comply with inheritance laws, ensuring fair property rights, particularly for women.

3. Government-Owned Land Cannot Be Waqf: Any property previously owned by the government and mistakenly recorded as Waqf will be restored to the government. If any dispute arises over property ownership, the District Collector will investigate and report the findings to the state government.

4. Restriction on Waqf Boards’ Power: Waqf Boards can no longer decide on their own whether a property should be classified as Waqf.

5. New Process for Waqf Property Surveys: The District Collector will now oversee the survey of Waqf properties, replacing the previous Survey Commissioner system. Any ongoing surveys will follow state revenue laws to maintain consistency with existing land regulations.

6. Reforms in the Central Waqf Council (CWC)

• The Union Minister for Waqf will continue to serve as the head of the Central Waqf Council.
• At least two members of the Council must be non-Muslims to ensure diversity.
• Positions such as MPs, former judges, and other experts no longer require Muslim identity for appointment.
• However, representatives from Muslim organisations, Islamic scholars, and Waqf Board chairpersons must be Muslims.
• To promote inclusivity, at least two Muslim women must be part of the Council.

7. Changes in Waqf Board Membership: Instead of elections, state governments will appoint members to the Waqf Board. Each Board must include at least two non-Muslim members. Representation is required from Shia, Sunni, and Backward Muslim communities. If Bohra and Aghakhani communities hold Waqf properties in a state, they will have one representative each on the Board.

8. Changes in Waqf Tribunal Structure: The new Tribunal will have:

• A current or former District Court Judge as the head.
• A current or former Joint Secretary-level officer from the state government.
• Muslim law scholars will no longer be included in the Tribunal’s decision-making panel.

9. Appeal System for Tribunal Decisions: People can now challenge Waqf Tribunal decisions in the High Court within 90 days, making the appeal process more transparent.

10. Greater Role for the Central Government: The Central Government now has the authority to regulate:

• Waqf property registration and financial records
• Supervision of Waqf Board activities
• Audit of Waqf accounts by the Comptroller and Auditor General (CAG) instead of state auditors

11. Special Waqf Boards for Certain Communities: States with a significant presence of Bohra and Aghakhani Waqf properties can establish separate Waqf Boards for these communities.

Purpose of These Changes

The amendments aim to reduce disputes, bring transparency, improve property management, and ensure fair governance in the Waqf system in India.

Conclusion

The Waqf system in India faces challenges related to encroachments, administrative inefficiencies, and legal ambiguities. The government’s ongoing reforms aim to make Waqf property management more transparent and accountable while ensuring fair treatment for affected stakeholders.

Source: https://dinhtienhoang.edu.vn
Category: Optical Illusion