In a significant development, the government is set to introduce the Waqf (Amendment) Bill in Parliament today, proposing 14 major changes to the existing Waqf Act. This bill aims to reform the management of Waqf properties, which span over 9.4 lakh acres, making it one of the largest landholdings in India after the Railways and Defence Ministry. However, the proposed amendments have sparked strong opposition from several Muslim groups and opposition leaders.
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What is Waqf?
The term ‘Waqf’ originates from the Arabic word ‘waqf’, meaning to stop, hold, or prohibit. In Islamic tradition, a Waqf refers to the permanent dedication of a property or asset for religious, charitable, or social purposes.
- Who is a Waqif?
The individual who donates the property is known as a ‘Waqif’. - Conditions for Waqf:
The donor can specify how the income from the property should be used, such as for education, healthcare, or social welfare. - Historical Background:
The first Waqf in history is believed to have been established during the time of Prophet Muhammad, with the donation of a garden to support the poor in Medina.
Waqf Properties in India
India has a rich history of Waqf, dating back to the 12th century during the Delhi Sultanate. Waqf properties in India primarily include:
- Mosques
- Madrassas (Islamic schools)
- Cemeteries
- Orphanages (Yatimkhana)
However, many of these properties are either underutilized or have been subject to illegal encroachments, raising concerns over their management.
14 Key Amendments in the Waqf Act
The Waqf (Amendment) Bill proposes several changes to modernize and streamline Waqf governance. Here are the 14 major changes:
- Inclusion of Women in Waqf Boards
- For the first time, women will be included in the Waqf Boards to ensure gender diversity and representation.
- Non-Muslims to Join Waqf Boards
- The bill proposes that non-Muslims can also become members of the Waqf Boards, promoting inclusivity.
- Separate Waqf Boards for Bohra and Agha Khani Communities
- Recognizing the diversity within the Muslim community, separate boards will be established for these groups.
- Enhanced Representation for Backward Classes
- Backward classes will have a stronger representation to ensure their interests are considered.
- Members of Parliament in Central Waqf Council
- Three MPs (two from Lok Sabha and one from Rajya Sabha) will be included to strengthen oversight.
- Strict Guidelines for Property Registration
- Clear regulations will be introduced to manage the registration of Waqf properties, reducing disputes.
- Reduction of Waqf Tribunal’s Powers
- The power of Waqf Tribunals will be limited, and certain disputes will now be handled by civil courts.
- Mandatory Waqf Nama for Property Transfers
- All property donations must be accompanied by a formal Waqf Nama (deed) to prevent misuse.
- Time Limit for Legal Disputes
- Properties that are not registered will no longer be eligible for legal disputes after six months of the amendment’s enactment.
- Government’s Role in Waqf Management
- The government will have increased control over the administration of Waqf properties.
- Transparency in Financial Transactions
- Waqf Boards will be required to maintain transparent financial records.
- Monitoring of Property Utilization
- A mechanism will be established to monitor the proper use of Waqf properties.
- Stricter Penalties for Encroachments
- Heavy penalties will be imposed for illegal encroachments on Waqf land.
- Improved Governance Structure
- The governance structure will be revamped to ensure more effective administration.
Why Are Many Muslims Opposed to the Amendments?
The proposed changes have not been welcomed by everyone. Many Muslim leaders and opposition parties have raised concerns:
- Loss of Religious Autonomy:
Critics argue that the inclusion of non-Muslims and increased government control may interfere with religious freedoms. - Risk of Encroachments:
Some fear that relaxing certain legal provisions could make Waqf properties more vulnerable to encroachments. - Dilution of Traditional Practices:
The requirement for formal documentation (Waqf Nama) is seen as an attack on traditional practices. - Political Motives:
Opposition leaders claim that the bill is politically motivated to influence the management of Waqf properties for electoral gains.
Government’s Justification for the Changes
The government defends the amendments, stating that they are aimed at:
- Promoting Transparency:
Ensuring proper management of Waqf properties to prevent misuse. - Inclusivity and Diversity:
Reflecting India’s secular fabric by including diverse voices in Waqf governance. - Effective Utilization of Assets:
Using Waqf properties more effectively for public welfare, such as education and healthcare.
