Waaqif with the Waqf Act? Here's all you need to know

The Modi government today tabled the Waqf (Amendment Bill), 2024, in the parliament, proposing over 40 sweeping amendments to the existing Waqf Act, which range from the DC (district collectors) being the mediator in determining whether or not a property belongs to the Waqf board, and increased representation for Muslim women in Waqf boards, and more.

Here's all you need to know about the Waqf Act 1995, which was last amended in 2013. The Waqf board came into existence post-independence, when the government gave it control of properties which were previously owned by Muslims in India, but were now vacant, since their owners had migrated to newly-created Pakistan.

New bill to bring greater accountability

One of the central objectives of this amendment bill is to curtail the disproportionately arbitrary powers that the Waqf board currently wields. At present, India has 32 Waqf boards, including two for Shia Muslims in UP and Bihar.

Under the current act, the Waqf board can claim any property as their own, without having to undertake any prior or compulsory verifications. In other words, if they believe that the land belongs to waqf, that itself is deemed sufficient for them to claim ownership.

Interestingly, the person donating or holding such property need not be a practising Muslim, but can also be someone of sound body and mind, who believes in Islam.

Moreover, in case the Waqf board takes over your property, the incidence of proving that it is indeed, your property lies with the land owner i.e. you, and not with the Waqf board.

What is Waqf?

Any immovable or movable property that has been dedicated or donated by an individual for the purposes that are seen as pious and religious in Islam is known as Waqf. Think of this as an endowment or trust made for religious purposes, or for causes noted sacrosanct in Muslim Law.

Per WAMSI's website (Waqf Asset Management System of India), which is managed by ministry of minority affairs, around 8,72,324 immovable properties, and 16,713 movable properties have been classified as Waqf. With 2,17,161 immovable properties under its management, the U.P. Sunni Central Board of Waqfs hold the maximum number of properties amidst all state and UT waqf boards.

Most waqf properties (around 1,50,516) have been designated to be used as graveyards, followed by agricultural land (1,40,784) and mosques (1,19,200).

While Waqf refers to a single such property, Auqaf refers to the multiple such properties and assets, which have been deemed as Waqf. The one who donates towards such causes is known as a Waqif. Once a property has been deemed as Waqf, its status cannot be changed ever, since the property is deemed to be donated to Allah.

This also means that Waqf properties cannot ever be sold, either by the property's custodian, also known as mutawwali, nor by the owner or the board themselves.

At present, Waqf Boards are the third largest landowners in the country, right behind Indian Railways and the Army. Waqf boards across the country cumulatively hold and manage around 8.7 lakh properties, which span over 9.4 lakh acres.

What are the changes proposed?

Most significantly, the bill aims to omit section 40 of the act, which gives absolute power to the Waqf boards to decide whether a property belongs to the Waqf board or not. If the bill is passed, the district collector (DC) will serve as the judge in deciding whether a property can be registered as Waqf or not. The DC will also serve as focal point of dispute resolution for issues related to the Waqf Act.

Presently, appeals against the Waqf board have to pass through a tribunal, which itself is made up of members of the Waqf board. The decision of this tribunal is final, and can only be challenged if the high courts themselves command the board to do as stated. Moreover, in some states, there exists no tribunals, making the Waqf board as the ultimate authority. Additionally, these tribunals do not have any specific timeline within which they should resolve the disputes, which means that the grievance redressal process could stretch for years.

If the bill is passed, it will be up to the DC to check the validity and correctness of the application that has been submitted for any property that is to be registered as Waqf, and then submit a report to them. The idea behind the amendments is to streamline how Waqfs are registered, by means of a central database. Moreover, any appeals against the tribunal's order will be contestable in high courts, within 90 days of passing of such orders.

The act will be renamed Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, and will have scope for increased representation of various backward Muslim communities such as Shias. It also proposes creation of an altogether separate "Auqaf" board for Bohras and Aghakhanis.

The bill also proposes that no property would be deemed waqf solely by way of use. At present, even in the absence of waqfnama or valid documents, a property is considered to be waqf, provided it is being used for causes such as being a mosque etc. Under the new bill, any property that does not have a waqfnama will not be automatically considered a waqf property.

Additionally, at present, when it comes to Waqf-alal-aulad, or private wakf, which is created solely for the benefit of a particular group of people and thereafter, its descendants, only the male heir, or eldest son can become the mutawwali after the death of the owner of the property. Women and female descendants are not accorded the same rights. The rules also state that once there are no direct descendants or heirs left to lay claim this private wakf, the monetary gains from the same will automatically be transferred to the Waqf board.

hat is created for the benefit of a specific group of people, such as a family or descendants. It is also known as wakf-ul-aaulad. The proceeds from a private waqf are used to serve the beneficiaries.