Author: Kajal Kamari, Netaji Subhash University, N.S.U, Jamshedpur
Introduction
The WAQF Board of Directors, India’s decisive yet controversial body, is responsible for managing the Islamic foundation, both religious and non-commercial. Its fundamental goal is based in a community of communities but is involved in a network of political manipulation, mismanagement, and legal review. The latest debate on the amendments to the WAQF and the law repealing the WAQF Revival Act has restored national interests and led to discussions on transparency, governance, and constitutional equity. This article introduces the concept of WAQF, WAQF organizations, important controversy and political interference, state law, and legal frameworks that guide the proposed reforms.
Understanding WAQF
The WAQF is a form of Islamic non-profit foundation where a person will forever devote his or her mobile or immovable property for religious or social purposes. Once declared as a WAQF, ownership is incompatible and cannot be sold, talented, or inherited. In India, income-generating assets such as WAQF-IMMOBILIEN mosques, madrasas, dargahs, cemeteries, and sometimes businesses, commercial facilities, and agricultural areas are important. The income achieved is to be used for the buoyancy of Muslim communities, especially the poor.
The Role and Structure of the WAQF Board
Management of WAQF real estate in India is carried out by the WAQF board, which was established in 1995 in accordance with the WAQF Act and changed in 2013.
Some of the most important tasks on a WAQF board include:
Registering and maintaining records for WAQF properties
Preventing illegal employment and intervention
Making sure your income is being used for purposes
In the case of disputes and management of appointments to WAQF bodies
Despite this legal framework, the WAQF board faces a serious challenge in maintaining transparency and efficiency.
Political Intervention and Controversy
The intersection of religion, politics, and property often makes WAQF boards vulnerable to operations.
Political appointments: Members of WAQF organizations are often appointed based on political affiliation, leading to a lack of professionalism and accountability. This puts the core mission of serving our community at risk.
Mismanagement and corruption: Several reports show that WAQF countries are being rented or sold at an undervalued price, which is why profits are said to be derived for personal or political gain. Commissions often failed to protect real estate from intervention.
Voting bank policy: In the past, parties have used promises related to the WAQF to gain favor among Muslim voters. Proposals to increase autonomy, fund religious locations, or protect WAQF countries are often used as election tools.
Community voltage: WAQF systems may be subject to community policies. Critics argue that excessive privilege is extended to religious communities, which leads to demands for audits and regulation.
Important Legal Cases and Judicial Knowledge
Over the years, Indian cuisine has tackled several top-class WAQF conflicts.
Muslim WAQFS Committee on Radha Kishan (1979):
The Supreme Court held that WAQF’s property is religious, but they are still subject to state regulations, which is a precedent for legitimate supervision.
Abdul Ghani (1990) against Tamil Nadu:
The court criticized WAQF Land’s lease to relatives of politicians under the market, highlighting the transparency of the WAQF shop.
Asghar Ali Engineer v. Maharashtra (2002):
In this case, arbitrary and politically biased appointments in WAQF groups were suspended, highlighting the need for governance governance.
WAQF Board of Directors against the Union of India (2011):
In this case, Delhi has confirmed several provisions of the WAQF Act, but has recommended reforms to enhance accountability.
Recent Development and WAQF Change Bill, 2024
Future bills for the WAQF Amendment Act of 2024 have been extensively debated. It proposes to rename the law as a unified WAQF management empowerment-efficiency and development law and seeks to amend the definition of relevant power for WAQF and state WAQF organizations.
Invoice highlights:
Tightening of the survey and registration process
Board approval to take prompt measures against interventions
Digital record introduction and central monitoring
A reunion of roles with controversial provisions will enable non-Muslims on the WAQF board
Criticism and Concerns
Critics argue that the bill is part of a broader strategy to redesign the government of Muslim institutions. Provisions such as allowing non-Muslims on the board also encounter the creation of WAQF real estate, but are considered contradictory and politically motivated. The discussion also reflects a broader lack of consensus in the Congress, with the NDA and the opposition being held responsible by the BJP. There is a high possibility that there is a lack of cross-party dialogue, which could deepen existing differences.
WAQF Repeal Bill, 2022: Another Perspective
Previously, the WAQF Repeal Bill, 2022, was intended to lift the 1995 law, and the WAQF committee had denounced the “unlimited autonomy” committee. Although this draft has not been adopted, its spirit agrees with the WAQF government’s ongoing demand for national investigation and restructuring. Opponents of cancellation argue that such steps are unconstitutional and discriminatory towards the community. However, supporters argue that accountability and modernization have been behind for a long time.
Challenge and Future Paths
The WAQF system has potential assets worth thousands of krulls but suffers from interruptions, illegal occupations, and management inertia.
The most important issues include:
The majority of the WAQF field is categorized by individuals, businesses, and even government agencies.
Lack of digitalization: inadequate real estate records maintenance, making it easier for fraud and mismanagement.
Inadequate audit: Regular independent financial exams are rare and allow for embezzlement of funds.
Legal gap: Command enforcement and property recovery are often subject to bureaucratic delays.
Proposed reforms:
Digital allocation and real-time monitoring of WAQF countries
Depoliticized merit-based appointments on WAQF boards
Strengthening punishments for abuse and illegal occupation
Transparent financial reporting and auditing from third-party providers
Conclusion
India’s WAQF Board is at the intersection of historic spiritual purpose and modern demands for transparency, accountability, and reform. Its role in managing one of the largest assets in the country’s municipality is important, with deep-rooted political interference, legal ambiguity, and systematic mismanagement undermining its credibility. Proposed reforms, such as the discussions on the WAQF Change Act of 2024 and the WAQF Repeal Bill of 2022, highlight the urgent need for structural overhauls. In the future, there will be a balance between assessing religious autonomy and constitutional recognition and enforcement of governance standards. Only through depoliticization, digital modernization, and legal clarity can WAQF institutions fulfill their fundamental promise of selflessly providing services to their communities.
FAQS
1. What is WAQF? How does it work in India?
WAQF refers to an Islamic foundation in which property is permanently devoted to religious or charity use. In India, WAQF properties include mosques, madrasas, cemeteries, and commercial assets managed by the WAQF Board as part of the WAQF Act of 1995.
2. Why are WAQF boards controversial?
The WAQF Board was suspended prior to allegations of political interference, corruption, mismanagement, and lack of transparency.
3. What is the most important highlight of WAQF change calculations, 2024?
The Act proposes stricter regulations on controversy provisions such as real estate, digital surveillance, expedited measures against intervention, and non-Muslim permits in WAQF groups.
4. Which legal reforms have been proposed for WAQF management?
Reforms include digitizing records, independent auditing, stricter enforcement mechanisms, non-political appointments, and transparent financial management to improve efficiency and governance.
5. Why did WAQF reveal the 2022 calculations?
The WAQF Revealing Act attempted to dismantle the WAQF Act of 1995. Although it was not adopted, discussions about community rights, secular government, and the need for institutional overhauls have been reinvested.
Reference:
1.Newspapers
2.Books on waqf law in india
3.http://pib.gov.in
