The Waqf Amendment Bill 2024, Origin, Structure, Key Changes

The Waqf (Amendment) Bill 2024, introduced in the Lok Sabha on August 8, 2024, proposes significant changes to the governance and management of Waqf properties in India. This legislation seeks to amend the Waqf Act of 1995, aiming to enhance transparency, accountability, and efficiency in the administration of Waqf properties while addressing long-standing issues within the system.

The bill is under review by a Joint Parliamentary Committee (JPC), which is examining extensive public feedback before advancing it in Parliament.

What is a Waqf Property?

A Waqf is a property donated by Muslims for a specific religious, charitable, or private purpose. Ownership of the property is considered to belong to God, while its benefits are directed to the specified purposes.

• Establishment: A Waqf can be established through a written deed, legal instrument, or orally.
• Use and Permanence: A property may be recognized as Waqf if it has been used for religious or charitable purposes over an extended period. Once declared Waqf, the property’s status is permanent and irreversible.

Origin of the Concept of Waqf

Waqf has existed in India since the early days of the Delhi Sultanate. Sultan Muizuddin Sam Ghaor dedicated two villages to Multan's Jama Masjid and appointed Shaikhul Islam as its administrator. As the Delhi Sultanate and subsequent Islamic dynasties flourished in India, the number of Waqf properties grew.

• British Raj Controversy: In the late 19th century, the Privy Council criticized Waqf as "perpetuity of the worst kind" and declared it invalid.
  • However, the Mussalman Waqf Validating Act of 1913 upheld the Waqf system in India, despite British criticism.

Waqf Act 1995

The Waqf Act, originally enacted in 1995, governs the management and administration of Waqf properties in India, which are properties dedicated for religious, charitable, or pious purposes under Islamic law. The Act mandates the establishment of Waqf Boards at the state level to oversee these properties. Following are the Key Provisions of the Waqf Act, 1995:

• Defines Waqf as a permanent dedication of property for religious or charitable purposes under Muslim law.
• Requires each state to establish a Waqf Board for managing and administering Waqf properties.
• Establishes the Central Waqf Council to advise on Waqf matters.
• Provides mechanisms, including tribunals, for resolving Waqf property disputes.
• Mandates the registration and surveying of Waqf properties for proper management.

Waqf Amendment Bill 2024

On August 8, 2024, the Waqf (Amendment) Bill,2024 and the Mussalman Wakf (Repeal) Bill, 2024 were introduced in the Lok Sabha to enhance the management of Waqf properties. The key change proposed in the amendment is the transfer of governance from Waqf Boards and Tribunals to state governments, centralizing control and addressing administrative issues within the Waqf system.

Waqf Amendment Bill 2024 Provisions, Key Changes

The Waqf Amendment (Bill) 2024 proposes changing the name of the parent Act from the Waqf Act of 1995 to the Unified Waqf Management, Empowerment, Efficiency, and Development Act of 1995:

• Waqf Formation: Waqfs can be formed by (i) declaration, (ii) recognition of long-term use, or (iii) endowment when succession ends. 
  • Only practicing Muslims for at least five years can declare waqfs, with ownership of the property being mandatory.
• Government Property: Government properties identified as waqf will revert to state ownership. The District Collector will determine ownership in disputed cases.
• Waqf Property Determination: The Waqf Board’s power to determine waqf properties is removed.
• Waqf Survey: Collectors will conduct waqf surveys under state revenue laws.
• Central Waqf Council: Two non-Muslim members are added. MPs, judges, and eminent persons need not be Muslims. However, Muslim members must include two women.
• Waqf Boards: State governments will appoint representatives, including two non-Muslims and members from Shia, Sunni, and backward Muslim communities. Women representation remains mandatory.
• Tribunal Composition: Muslim law experts are removed. Tribunals will include a District Court judge and a state officer of joint secretary rank.
• Appeals: Tribunal decisions can be appealed to the High Court within 90 days.
• Central Government Powers: The central government can set rules on registration, waqf accounts, and Board proceedings. Audits can be conducted by the CAG.
• Separate Waqf Boards: Separate Waqf Boards are allowed for Bohra and Agakhani sects.

Waqf Amendment Bill 2024 Significance

The Waqf Amendment Bill 2024 is a significant legislative proposal aimed at modernizing and improving the management of Waqf properties in India. It is significant for the following reasons:

• Transparency and Accountability: Enhances oversight and regulations to prevent abuse and mismanagement of Waqf properties.
• Streamlined Administration: Updates processes and uses technology to improve record-keeping and reduce bureaucratic delays.
• Protection of Properties: Introduces stricter penalties and increases Waqf Board powers to prevent encroachment and illegal transfers.
• Inclusion and Diversity: Mandates more women and non-Muslims on Waqf Boards to promote diversity and community representation.
• Addressing Historical Issues: Introduces new regulations to tackle corruption and inefficiency in Waqf property management.

Waqf Amendment Bill 2024 Criticisms

The Waqf (Amendment) Bill, 2024 has sparked significant controversy and criticism since its introduction in the Lok Sabha. Many view it as an attempt to undermine the autonomy of the Muslim community over its religious affairs: 

• Infringement on Religious Rights: Critics argue that the bill infringes on minorities' constitutional rights, particularly religious freedom under Articles 14, 25, 26, and 29. 
  • The mandatory inclusion of non-Muslims on Waqf boards is seen as interfering with the community’s management of its religious properties.
• Increased Government Control: The bill centralizes control by granting significant powers to state authorities, including district collectors, over Waqf properties and disputes. This shift is viewed as bureaucratic overreach, potentially causing delays and legal challenges.
• Lack of Community Consultation: The bill has been criticized for lacking adequate consultation with Muslim stakeholders, raising concerns about its legitimacy and acceptance within the community.
• Exclusion of Historical Context: The bill removes provisions for recognizing "Waqf by user," which could jeopardize properties historically used for Waqf purposes without formal documentation.
• Potential for Increased Disputes: Removing Waqf Tribunal authority and transferring property determination to district collectors may lead to more disputes and complicate the resolution process.
• Concerns Over Non-Muslim Representation: The requirement for non-Muslim members on Waqf boards is opposed by critics who argue that such representation may undermine the boards' integrity due to a lack of understanding of Islamic law.

The Waqf Amendment Bill 2024 FAQs

Q1. What is the Waqf Board Amendment Bill 2024?

Ans. The Waqf (Amendment) Bill, 2024 was introduced in the Indian Lok Sabha on August 8, 2024. It seeks to amend the Waqf Act of 1995.

Q2. What is the Waqf Property Act?

Ans. The Waqf Act of 1995 governs the administration of waqf properties in India, which are religious endowments. 

Q3. Who is the owner of Waqf property?

Ans. The Waqf properties are managed by a mutawwali, appointed by the waqif or a competent authority.

Q4. How much land is owned by the Waqf Board?

Ans. The Waqf Board in India owns 9.4 lakh acres of land across 8.7 lakh properties, making it the third-largest landowner in the country after the Railways and Defence Department. The estimated value of this land is Rs 1.2 lakh crore.

Q5. Who created the Waqf Board?

Ans. In 1954, the Jawaharlal Nehru government passed the Waqf Act, under which Waqf boards in India were created.