In a landmark move, the central government has proposed an amendment bill to reform the Waqf boards, According to reports, the board will no longer be able to declare any property as Waqf property without mandatory verification. The central government is set to introduce significant changes regarding the functioning of the Waqf Board. According to a report by The Times of India, the central cabinet has discussed 40 amendments to the Waqf Act. One of the key changes includes mandatory verification if the Waqf Board claims any property.
Additionally, if there is a dispute between the Waqf Board and any individual over a property, verification will also be mandated. The central government may introduce a bill in parliament next week to implement these changes in the Waqf Act.
Other amendments
Furthermore, aiming to include women as members and enhance transparency in the management of Islamic religious endowments, according to government sources, the bill stipulates the appointment of two women to the Waqf boards in all states as well as the central council.
Currently, women are not part of the Waqf boards or councils, which are responsible for managing and protecting mosques and other Islamic religious endowments. The BJP-led NDA government plans to amend the Waqf Act to limit the powers of the Waqf Board. On Friday, the Union Cabinet approved a total of 40 amendments to the Act.
“Muslim women and children are suffering the most. If a woman is divorced, then she and her children do not get any rights. … The government is committed to gender justice. There will be two women on every single state board and two women in the central council as per the new bill,” government sources told India Today.
The amendments aim to bring greater transparency to the functioning of the Waqf boards. Presently, Waqf property decisions cannot be challenged in any court of law, a provision that the sources highlighted as being outdated, noting that even predominantly Muslim countries like Saudi Arabia and Oman do not have such laws.
“Once a land goes to Waqf, you can’t reverse it. Powerful Muslims have captured the Waqf board. Only those who are controlling the Waqf boards are against this act,” the sources added.
The Sachar Committee, which studies the socio-economic conditions of Muslims in India, has also called for greater transparency in the Waqf board, reinforcing the need for these amendments.
However, the proposed bill has faced criticism from several Muslim clerics and political leaders, including Asaduddin Owaisi, who accused the BJP of trying to eliminate Waqf boards as part of its ‘Hindutva agenda’. Maulana Khalid Rasheed, Executive Member of the All India Muslim Personal Law Board, expressed concerns, stating that existing laws are sufficient for Waqf management and any amendments should involve consultation with stakeholders.
Government sources responded to the opposition by asserting that a “dangerous narrative is being created by certain Muslim clerics, who are making wild statements that Muslim land will be taken away”. They also emphasized that the new bill will include a provision ensuring that only Muslims can create Waqf properties
Other amendments that the bill is set to bring in include the fact that if there are places where there is no Waqf board, one can approach the tribunal to raise their issue.
What is the Waqf Board?
Waqf is an Arabic term meaning a donation made in the name of God for charitable purposes. Both movable and immovable properties can fall under its purview. Any Muslim can donate money, land, houses, or other valuable items to Waqf. Local to national level Waqf bodies manage and maintain these properties.
According to Islamic scholars, the properties donated to the Waqf Board are intended to help the poor and needy, fund education, construct, repair, and maintain mosques, and support other charitable activities. The Waqf Assets Management System of India reports that there are a total of 30 Waqf Boards in the country, most headquartered in Delhi. The Central Waqf Council works in coordination with these boards.
The Waqf Act of 1954
The Waqf Act was passed in 1954 during Jawaharlal Nehru’s government to simplify and regulate Waqf-related activities. This act includes provisions for claims on Waqf properties and their maintenance. Based on the provisions of this act, the Central Waqf Council was established in 1964 under the Ministry of Minority Affairs to advise the central government on Waqf Board operations.
In 1995, amendments were made to the Waqf Act allowing each state and union territory to establish its own Waqf Board.
Property Holdings of the Waqf Board
The Waqf Board is the third-largest landholder in India after the Railways and the Catholic Church. According to statistics, the Waqf Board holds over 800,000 acres of land, doubling from 400,000 acres in 2009. Most of this land includes mosques, madrasas, and graveyards. Last year, the Ministry of Minority Affairs informed the Lok Sabha that as of December 2022, the Waqf Board had a total of 865,644 immovable properties.
The majority of properties were acquired during Muslim rule in India, starting from the Delhi Sultanate to the Mughal era, where lands were endowed for mosques, madrasas, and graveyards. Additionally, many Muslims who migrated to Pakistan during the 1947 partition donated their properties to the Waqf Board.
Historical Controversies
Disputes over Waqf Board properties are not new and date back to British rule. During the British colonial period, conflicts over Waqf property escalated, reaching the Privy Council in London. A bench of four judges in Britain declared Waqf properties illegal, a decision not accepted by the British Indian government. The Muslim Waqf Validating Act of 1913 was enacted to protect the Waqf Board.
Ongoing Disputes
Thus, disputes over Waqf properties have persisted up to now. The main argument is, that the Waqf Board has virtually, unqualified powers to inquire into any property and acquire it; which is why, such claims are rarely reversed. According to the Section 85 the Waqf Act bills are non-justiciable, meaning that board’s decisions cannot be taken to Supreme Court or High Court.
Also read: Delhi Waqf Board case: Court reserves order on bail plea of AAP MLA Amanat Ullah Khan
