Waqf Board

What is origin of the concept of ‘Waqf’?

• • In India, the history of Waqf can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages in favour of the Jama Masjid of Multan and handed its administration to Shaikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of Waqf properties kept increasing in India.
  • There was a case made for the abolition of Waqfs in India in the late 19th Century when a dispute over a Waqf property ended up in the Privy Council of London during the days of the British Raj. The four British judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and declared Waqf to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman Waqf Validating Act of 1913 saved the institution of Waqf in India. Since then, no attempt has been made to curb Waqfs.

Property under Waqf Board:

• • Waqf Boards currently control 7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest waqf holding in the World. Further, the Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.

The government has recently come up with a new amendment Bill for the management of the Waqf Board.

Key features of Waqf (Amendment) Bill, 2024:

• • Renaming of the Act: The Waqf Act, 1995, is renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, of 1995 to emphasise improved management and development.
  • Formation of Waqf: Waqf can be formed through declaration, but waqf by the user is removed. Waqf-alal-aulad cannot deny inheritance rights, including those of women heirs.
  • Government property as Waqf: Any government property identified as waqf will cease to be so, and ownership disputes will be settled by the Collector and reported to the state government.
  • Removal of Waqf Board’s power: The Waqf Board’s power to determine if a property is waqf is removed, transferring property survey responsibilities to Collectors under state revenue laws.
  • Central Waqf Council Composition: The Council will now include two non-Muslims, and MPs, judges, or eminent persons appointed to the Council need not be Muslims.

The introduction of the amendment Bill has sparked controversy, with fears arising that it is meddling with the right to ‘manage religious affairs’ under Article 26 of the Consitution.