Challenges around Waqf in India

In India, the Waqf Board is a government institution responsible for managing properties or assets endowed for the religious and welfare purposes of Muslims. There has been a longstanding tradition among Muslims of donating property for communal benefits and social welfare, a practice that dates back to the Muslim era of governance. As a result, a large number of Waqf properties exist in India. However, the bill introduced by the Government in Parliament regarding Waqf properties, currently under review by the Parliamentary Standing Committee, has caused anxiety within the Muslim community. This article aims to review the current status of Waqf and the Indian government’s proposed policies concerning it.

Legally, Waqf refers to a process in which a person donates their property or assets permanently for religious or charitable purposes, thereby relinquishing ownership. The donor no longer remains the owner, and the property is dedicated to a specific purpose, typically benefiting the Muslim community in social, educational, or religious ways.

The word “Waqf” is derived from Arabic, meaning “to stop” or “to restrain.” In Islamic law, Waqf refers to the act of dedicating one’s property or wealth permanently to Allah for public welfare. Once endowed, the property belongs to Allah and cannot be used for any other purpose.

Waqf is considered an important act of worship and a form of continuous charity in Islam, holding great religious significance. Waqf properties cannot be sold or inherited and remain permanently dedicated to Allah.

Technically, Waqf refers to dedicating one’s property permanently for the sake of Allah to benefit the public through good works. The original asset remains intact, and its benefits are used for public welfare, such as land, buildings, or gardens being dedicated for charitable purposes.

Although the term “Waqf” is not explicitly mentioned in the Qur’an, concepts like charity and spending in the path of Allah are closely related, and there are clear examples of Waqf in the Hadith. The Prophet Muhammad (PBUH) encouraged Waqf, and it is supported by both the Qur’an and Hadith. For instance, Umar ibn Al-Khattab, a companion of the Prophet, dedicated land in Khaybar as Waqf, which was approved by the Prophet.

Waqf can be divided into two types:

1. Public Waqf: Property or wealth is dedicated for public welfare, such as for mosques, schools, or hospitals.
2. Private Waqf: Property is dedicated for a specific person or family (Waqf ul Aulad), though this is less common than public Waqf.

Key conditions in Islamic law for Waqf include that the person dedicating the property must be its owner, and the purpose must be legitimate and Islamic. The Waqf must be permanent, meaning the property or wealth cannot be reclaimed.

In India, the legal framework for Waqf has existed since the British period. The British government enacted several laws to regulate Waqf, many of which remain in force today. These laws allow Waqf properties to be managed by boards overseen by state or central governments.

Legal Framework of Waqf in India:

Several laws and acts have been enacted in India for the management and administration of Waqf. The most significant among them are:

1. Waqf Act 1923: The first law enacted during the British period for the registration and supervision of Waqf properties. Under this act, Waqf boards were created to maintain records of Waqf properties and oversee their management.
2. Waqf Act 1954: After India gained independence, additional measures were introduced for the management of Waqf properties. This act outlined the formation of Waqf boards, the registration of Waqf properties, and supervision under various regulations.
3. Waqf Act 1995: This act aimed to bring reforms and transparency to the Waqf system. Under this law, Waqf boards were established in every state, and steps were taken to digitize and computerize Waqf records.
4. Waqf Act 2013 (Amendment): This amendment introduced stricter regulations to safeguard Waqf properties and increased the powers of Waqf boards.

India has a significant number of Waqf properties, but their management faces several challenges. Among these are:

1. Mismanagement: Issues like financial irregularities within Waqf boards, improper registration, and misuse of income have adversely affected the Muslim community.
2. Illegal Encroachments: Many Waqf properties have been illegally occupied. Although legal measures have been taken, they are often insufficient to fully address the problem.
3. Misuse of Income: The income generated from waqf properties is often not entirely spent on charitable purposes, leading to a lack of education, health, and welfare services in some areas.

Government Policies and Actions:

The 1995 Waqf Act provides a comprehensive legal framework for the management and supervision of Waqf properties. Digital record-keeping has improved the administration of Waqf, and special courts have been established to combat illegal encroachments. However, more reforms are needed, especially in transparency and accountability, to prevent corruption and ensure the proper use of Waqf properties. The use of modern technology can further improve the management and monitoring of Waqf properties.

Controversies and Reactions:

Muslim organizations, such as the All India Muslim Personal Law Board (AIMPLB), have raised concerns about government interference in Waqf matters, arguing that Waqf is a religious institution and should be autonomous. Some believe that government intervention is necessary to prevent misuse, while others see it as an intrusion into religious affairs.

The recent bill by the government aims to improve the management and protection of Waqf properties. However, the issue remains sensitive, with both support and opposition from different quarters of the Muslim community. Muslim organizations, such as AIMPLB, have objected to provisions like the powers granted to collectors and the involvement of non-Muslims in Waqf matters, arguing that these undermine the religious autonomy of Waqf institutions.

In conclusion, while the government’s recent bill seeks to enhance the management and protection of Waqf properties, it remains a sensitive issue, with strong opposition from sections of the Muslim community. More dialogue and transparency may be necessary to address the concerns and ensure fair governance of Waqf properties.

—Writer is Joint Secretary, Islahi Healthcare Foundation

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