Author: Akhil Gupta,a student of Osmania University College Of Law Hyderabad
Introduction
The Waqf board actually known as Central Waqf Council it is an Indian statutory body operated by the Union Government of India under the Waqf Act, a subsection of the Waqf Act, 1995. The Waqf boards in the Indian subcontinent were formed in 1913 during the British rule.
History
Earlier waqf board was established by khalifa omar.Khalifa Omar acquired land in Khaibar and asked the Prophet Muhammad how to use it in a pious way. The Prophet advised him to tie up the property and use the proceeds for the welfare of the poor, his kindred, and his children. Then the waqf thing was started.
In India Delhi sultanates adopted the same method. With early examples including Sultan Muizuddin Sam Ghaor’s dedication of villages to the Jama Masjid of Multan.
Statutory body
A statutory body is an organization or institution that is created by law and has the authority to ensure that businesses and organizations follow official rules and are legal.
The process of regulating act to make waqf board as statutory body was started in 1923 by The Mussalman Waqf Act of 1923.
Then in nehru’s government The Waqf Act of 1954 passed and provided a pathway toward the centralisation of Waqfs. The Central Waqf Council of India, a statutory body was established in 1964 by the GOI under this Waqf Act of 1954.
Reason of establishment.
Waqf boards were created to manage Waqf properties, which are religious endowments, in India. Waqf is the permanent dedication of movable or immovable properties to charitable, pious, or religious purposes.
Here are some major purposes:
1.Support religious, social, and economic life of Muslims.
2.Manage Waqf properties, including mosques, dargahs, and graveyards.
3.Support schools, colleges, hospitals, dispensaries, and musafirkhanas
Functions
For the management of Waqf Properties in all the states/UT’s in India.
1.Recover lost properties.
2.Sanction the transfer of Waqf properties through sale, gift, mortgage, exchange, or lease.
3.Appoint custodians to ensure the Waqf and its revenue are used for their designated purposes
Recent issues
Maintaining proper accounts of Waqf properties faces several challenges:
Lack of Standardized Accounting: There is a diversity in accounting practices among Waqf institutions, often due to the absence of established standards, leading to poor financial transparency.
Mismanagement by Mutawallis: Many mutawallis (costodians) fail to maintain accurate records, contributing to property mismanagement and disputes over ownership.
Legal and Bureaucratic Hurdles: Complicated legal frameworks and bureaucratic inefficiencies hinder timely registration and auditing of properties, resulting in a backlog of nearly 41,000 pending cases.
Corruption and Encroachment: Corruption within Waqf management and encroachments on properties further complicate accountability and financial oversight.
The recent issues on waqf board was due to reckless and blind claiming of property by waqf board was intolerant and even some of the Hindu temples which are more than 1500years old were claimed by waqf board which is senseless as not even the Muslim religion was not existing in India during that time.
Conclusion
The Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, are the present bills in Indian parliament. WAQF amendment bill2024 says to amendment the Waqf Act, 1995, aims to address challenges in managing Waqf properties in India. It seeks to enhance administration by renaming the act, updating definitions, improving the registration process, and incorporating technology for better record management.
And The Mussalman Wakf Bill, 2024, aims to repeal the outdated Mussalman Wakf Act, 1923, to enhance uniformity, transparency, and accountability in managing waqf properties under the Waqf Act, 1995, thereby eliminating inconsistencies from the old legislation.
Now these two bills are referred to the joint committee of parliament.
FAQS
Q.1 Define Waqf?
Waqf — Religious properties which should provide benefits to the society have been made inalienable pursuant to Islamic norms and according thereto, no change of hands can be effected on such property . This also meant that Waqf is just an user, the ownership of the property now been taken from any person who make a waqf and replace with Allah. A Waqif is a person who create waqf for the beneficiary. Since Waqf properties are granted to Allah, a ‘mutawalli’ (guardian) is appointed by the waqif to handle or administer a property of the type passed on in ownership. But once it is waqf, the property’s ownership rights are given over entirely to Allah by the grantor (waqif), therefore irrevocable.
Q.2 What is the initial concept of ‘Waqf’?
In India, the concept of WAQF is not new and has its origin to dated back in early years e.g. reigns of Delhi Sultanate when sultan Muizuddin Sam Ghaor dedicated two villages for Jame Masjid She Multan which was given on lease / Ijarah (as it were Hanifis). India remains home to some of the greatest Waqf properties, increasing over time with its new Islamic dynasties succeeding Delhi Sultanate. In India, in the closing years of 19th century there was a specific case against waqfs wherein ownership over a waqf property became subject matter of litigation and reached Privy Council (London) when British rule prevailed. The four British Judges of that case described the Waqf as “a perpetuity of worst and most pernicious kind” and declared waqfs to be invalid. However, the decision was not accepted in India and under Mussalman Waqf Validating Act 1913 saved waqfs institution.
Q.3 How many cases are pending with the Waqf Administration?
The Ministry has examined the working of Tribunals and it is noticed that 40,951 cases have been piled up before the tribunals out which community wise breakup reveals only 9942 cases filed by Muslims against Institutions managing waqf. Moreover, there is inordinate delay in disposal of cases and no recourse to judicial oversight provided on tribunal decisions.
Q.4 Whether Waqf properties, can be revoked?
In case of Waqf, the ownership is transferred from waqif to Allah so a property becomes Waqf it always will be since you cannot take back any immovable thing which transfers its right under Islamic law. The property declared waqf can never be changed. An example could be the government land like Bengaluru Eidgah ground, claimed as waqf property since 1850s. The Surat Municipal Corporation building, also said to have historical sarai usage during Hajj The Mughal era Sarai.
