 "Decoded: How is a Waqf created, and what are the powers of Waqf Board? | India News")
The Centre is reportedly preparing to introduce a Bill in Parliament aimed at reducing the Waqf Board’s control over assets.
The Bill has created a nationwide stir with many Muslim leaders calling it an attack on religious freedom. Here’s all you need to know about the Waqf controversy:
What is a Waqf?
Under the Waqf Act of 1954, a Waqf refers to a property dedicated in the name of God for religious and charitable purposes. Legally, it is the permanent dedication by a Muslim of any movable or immovable property for purposes recognised by Muslim law as pious, religious, or charitable. A Waqf can be established through a deed or instrument, or a property can be considered a Waqf if it has been used for religious or charitable purposes over a long period. The proceeds from a Waqf typically fund educational institutions, graveyards, mosques, and shelter homes.
Once a property is designated as a Waqf, it becomes non-transferable and is detained perpetually as a charitable act toward God, essentially transferring ownership to God. Waqfs can be either public, serving charitable ends, or private, benefiting the property owner’s direct descendants.
How is a Waqf governed?
Waqfs in India are regulated by the Waqf Act, 1995. A survey commissioner lists all properties declared as Waqf by conducting local investigations, summoning witnesses, and requisitioning public documents. The Waqf is managed by a mutawali, who acts as a supervisor. Unlike trusts established under the Indian Trusts Act, 1882, which can serve broader purposes and be dissolved by the board, Waqfs are specifically for religious and charitable uses and are intended to be perpetual.
What is a Waqf Board?
A Waqf board is a legal entity capable of acquiring, holding, and transferring property. It can sue and be sued in court. Each state has a Waqf Board led by a chairperson, including nominees from the state government, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of Rs 1 lakh and above.
The Waqf Board administers Waqf properties, recovers lost properties, and sanctions the transfer of immovable Waqf properties through sale, gift, mortgage, exchange, or lease, with at least two-thirds of the board members voting in favour of the transaction. The board appoints custodians to ensure the Waqf and its revenue are used for their designated purposes. The Central Waqf Council (CWC), established in 1964, oversees and advises state-level Waqf Boards across India.
What is the Waqf Act 1995?
The Waqf Act, 1995, is comprehensive legislation enacted by the Indian government to improve the administration and management of waqf properties. It establishes the Central Waqf Council and State Waqf Boards, distributing powers between Chief Executive Officers and Waqf Boards.
The Act mandates the appointment of executive officers for underperforming Waqfs with annual incomes exceeding Rs 5 lakh and regulates judicial proceedings related to Waqfs. It oversees the powers, functions, and duties of mutawalis and makes the alienation of Waqf property difficult. It also mandates surveys to identify Waqf properties and strengthens financial management.
Key provisions include the mandatory registration of all Waqfs with the Waqf Board, the maintenance of a central register of Waqfs, the authority of Waqf Boards to appoint executive officers, the removal of encroachments from Waqf properties, the preparation of annual budgets for waqf maintenance, and the maintenance of records and inspection of Waqf properties.
What is the Waqf Act repeal Bill?
The Waqf Repeal Bill, 2022, notes that the original Wakf Act of 1954 was repealed and replaced by the Waqf Act of 1995, which granted greater powers to Waqf Boards. The Act was further amended in 2013, which the Bill states gave the Waqf Boards “limitless and absolute autonomy”.
The Waqf Repeal Bill, 2022, aimed to repeal the Waqf Act of 1995 and was last tabled in the Rajya Sabha on December 8, 2023. However, this bill may not be related to the one the government plans to introduce in the upcoming Parliament session.
AIMIM Chief Asaduddin Owaisi criticised the Modi government’s move, arguing it seeks to strip the Waqf Board of its autonomy. “This itself is against the freedom of religion,” he said.
Owaisi warned of “administrative chaos”, stating, “If you amend the establishment and composition of the Waqf Board, it will lead to administrative chaos, loss of autonomy, and increased government control, which will affect the independence of the Waqf.”
First Published: Aug 05 2024 | 1:32 PM IST
