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Mohammed Yaqzan Ajwad
ICFAI Law School-IFHE University
INTRODUCTION
Renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act 1995, the suggested revisions of the Waqf Act aim to modernize and improve Indian Waqf boards and asset management. These changes represent a general purpose of increasing effectiveness, fostering empowerment, and guaranteeing efficient management of Waqf assets. The amendments create a few progressive changes, such as the inclusion of non-Muslims in decision-making bodies and the founding of autonomous Waqf panels for different sects; they also cause alarm about the possible loss of traditional rights and dilution of Islamic standards. This dual nature of potential consequences requires a thorough review of the suggested changes.
BACKGROUND OF INDIAN WAQF PROPERTIES
Serving as a financial resource for many charitable initiatives, including education, health, and social welfare, waqf properties have been an essential component of the social and economic makeup of India. Still, the management of these sites has sometimes suffered from corruption and inefficiency. Though the Waqf Act of 1995 was a major move toward managing these assets, it has become clear over the years that more changes are needed to tackle the changing difficulties experienced by the Waqf boards and the neighborhoods they serve.
IMPORTANT AMENDMENTS IN THE PROPOSED BILL
1. Renaming the Waqf Act, 1995: The Act has been renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, to reflect its broader objective of improving the management and efficiency of Waqf boards and properties, emphasizing empowerment and development along with effective administration.
2. Regarding waqf formation: The Act permits waqf to be established by:
⮚ Declaration.
⮚ Recognition is based on long-term usage (waqf by user).
⮚ Endowment when the line of succession ends (waqf-alal-aulad).
According to the bill, only someone who has been following Islam for at least five years may proclaim a waqf. It makes clear that the individual has to possess the declared property.
It eliminates waqf by the user, whereby possessions could be judged as waqf fundamentally on long usage for religious purposes.
It also states that waqf-alal-aulad should not deny the donor's legal heir rights, including female heirs.
3. Regarding government property as Waqf: The bill specifies that any government property designated as Waqf will stop being so. Should there be doubt, the area's collector will establish possession and send a state government report. Deemed a government asset, he will revise the revenue records.
4. Power to determine if the property is waqf: The Act allows the Waqf Board to investigate and decide if a property is a waqf. This provision is eliminated by the bill.
5. Survey of Waqf: The Act calls for the appointment of a Survey Commissioner and supplementary commissioners to survey Waqf. Instead, the bill gives authority to collectors to conduct the survey. Surveys outstanding will be carried out according to the state revenue statutes.
6. Central Waqf Council: The Act establishes the Central Waqf Council to guide the Waqf Boards and Indian and state governments. The Union Minister responsible for Waqf is the council's ex officio head. At least two Council members must be female; the Act specifies that all should be Muslims. The bill states rather that two of those members have to be non-Muslims. MPs, ex-judges, and outstanding individuals appointed to the Council as per the Act need not belong to the Muslim faith
These people have to be Muslims:
⮚ Delegates of Islamic groups,
⮚ Scholars of Islamic law and
⮚ Chairpersons of Waqf Boards.
Two of the Muslim members would be females.
7. Waqf Board: Election of up to two members each from electoral colleges of Muslims:
⮚ Members of Parliament
⮚ Members of the State Legislative Assembly
⮚ Members of the Bar Council from the state will be allowed by the Act to the Board.
Instead, the Bill gives the state government authority to appoint one individual from the above groups for the Board. They do not need to be Muslims. It adds that two members non-muslims should be on the board and at the very least one member each from the Shia, Sunni, and Backward castes. If they have waqf in the state, they also need to have one member from each of the Agakhanis and Bohra communities. The Act says that at least two members must be women. Two of the Muslim members of the Bill must be female.
8. Composition of Tribunals: The Act calls on states to set up tribunals for dealing with waqf-related conflicts. The Chairman of these Tribunals should be a Judge of the rank equivalent to a Class 1, District, Sessions, or Civil Judge. Other members are:
⮚ A state official with an additional district magistrate
⮚ Someone with expertise in Muslim law and jurisprudence.
The bill removes the latter from the tribunal. Instead, it offers the following as members:
⮚ Its chairperson is to be a present or former District Court judge.
⮚ Present or former officer of joint secretary to the state government.
9. Appeals on orders of Tribunals: For appeals on decisions of Tribunals, judgments of the Tribunal are final, and court challenges are not allowed. The High Court can listen to issues on its motion, a petition by the Board, or a plaintiff. The bill misses clauses that ultimately empower the tribunal's decisions. The High Court could overrule the tribunal rulings within ninety days.
10. Powers of Central Government: The Bill provides the central government authority to make guidelines about waqf registration, accounts publication, and publishing of waqf Board meetings. Under the Act, the accounts of the waqfs could be audited by state governments at any time. The bill allows the central government to have the CAG or a designated official review.
11. Waqf board for Bohra and Agha Khani: Should Shia waqf properties or waqf revenue account for more than 15% of all waqf properties in the state, the Act provides for the establishment of separate Waqf Boards for Sunnis and Shias by the Waqf Board for Bohra and Agakhans. The bill also empowers independent waqf panels for Aghakhani sects as well as Bohra sects.
CONCLUSION
The recommended amendments to the Waqf Act of 1995 present a sophisticated balance of forward-looking advancements and perhaps challenges. Notwithstanding the emphasis on inclusivity, gender representation, and good management, one should not overlook the impact on Islamic values and community freedom of authority. Crucial to ensuring the changes aid Waqf society and riff favorably in the broader social context is finding a balance between modernization and the preservation of customary values. Stakeholders will have to cooperate positively in solving problems and enhancing the efficiency of the Indian Waqf management system as the legislative process advances.
REFERENCES
1. Press Information Bureau, Government of India, Explainer on Waqf Amendment Bill 2024, https://pib.gov.in/PressNoteDetails.aspx?NoteId=152139&ModuleId=3®=3&lang=1 (September 13, 2024).
2. PRS Legislative Research, The Waqf (Amendment) Bill, 2024, https://prsindia.org/billtrack/the-waqf-amendment-bill-2024 (last visited Feb. 17, 2025).
3. Business Today, Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more, https://www.businesstoday.in/india/story/centre-introduces-waqf-amendment-bill-2024-what-is-the-bill-about-key-features-and-more-440689-2024-08-08 (Aug. 8, 2024).
4. ANI News, Government introduces bill to repeal Mussalman Wakf Act, 1923, https://www.aninews.in/news/national/general-news/government-introduces-bill-to-repeal-mussalman-wakf-act-192320240808183415/ (Aug. 8, 2024).
5. India TV News, Waqf Amendment Bill: What are the key differences between old and new law? Check here, https://www.indiatvnews.com/news/india/waqf-amendment-bill-what-are-key-differences-between-old-and-new-law-check-here-2025-02-13-976079 (Feb. 13, 2025).
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