By Er Ishfaq Khaliq
What is WAQF: –
Under Islamic law waqf is the property which is given to charity religiously, for charitable purposes someone donates his land as religious charity to waqf under Islamic law so that he gets benefits in the form of good deeds the person who donates the portion of the property to the waqf believes that the properties ownership and its properties are Allah since Allah is not a physical being so a mutawalli is appointed its caretaker and he does it for the sake of Allah or he gets paid a low fee in the form of salary or so.
When waqf was started in India:-(the Mughal era waqf in India), the increase of waqf properties in India
The waqf is believed to have started from the Delhi Sultanate period. Sultan Muizuddin Sam Ghaor donated two villages for the Jama Masjid in Multan so in the Mughal era the waqf properties began to increase in India as the majority belonged to Muslims in India and so did their rulers tried to keep the waqf properties contributors on high notes so waqf properties increase in that period.
The decrease of waqf properties in India:
As the Britishers came the properties belonging to waqf started to decrease and the charity givers of the properties were reduced because of the fact that British influence was in India so were the rulers and the British believed that the war was a bad practice and should be stopped immediately they were thinking it a danger to their existence so British judges called Waqf a bad practice and tried to remove it.
The beginning of safeguarding of waqf and waqf properties in India:
In 1913, the Musselman Waqf Validating Act was passed to protect Waqf properties in India.
Since 1954 onwards, the law on the Waqf Act has been changing, and till 2022, it was repealed. Below is given in more detail:
Waqf Act, 1954: This law created a system to manage Waqf properties better. A Central Waqf Council was set up in 1964 under this Act.
Waqf Act, 1995: This law gave more power to Waqf boards and made their decisions final. It also created Waqf Tribunals to settle disputes.
Amendments in 2013: Some changes were made in 2013 to make Waqf management more transparent.
How the waqf began to change in India:
first, a waqf amendment bill was introduced in 2013 to make the waqf more transportable and to function the waqf institutes and ceremonies better the law safeguarded and made transparency in the waqf now in 2022 Waqf Repeal Bill, 2022, This bill was introduced in 2023 to ensure fairness in the treatment of religious properties.
How much property belongs to waqf in India:
The fact is that the waqf is the largest land owner of the country second is Indian railways and armed forces in India, The Waqf Board controls 8.7 lakh properties spanning 9.4 lakh acres across India, valued at an estimated 1.2 lakh crores. The country with the largest waqf holdings in the world is India. The Waqf Board is the largest landowner in India after the Armed Forces and Indian Railways.
Why the need was felt that the Waqf Bill 2024 should be implemented:
Government on finding the facts made various committees the situation of waqf like jpc committee was formed Sachar Committee Report, Joint Parliamentary Committees (JPCs), public representatives, mediaafter cross examining the facts the government felt that there is mismanagement in the waqf properties despite being the largest stake holders in India the revenue from the waqf properties were negligible and it was found that mutawalli’s who are safeguarding the properties have misused their power the properties were distributed like shops rental buildings etc. were given on rent for just some pennies it was seen that the shop owned by waqf whose monthly rent was mere 100 Rs in 1990 is still operating on those 100Rs similarly the shop owned in the same location without waqf was giving rent of 3000 to 10000 Rs monthly also the mutawalli’s misused their power they were benefitting the people of their choice and the revenue generation and transparency was affected resulting in the loss and misuse of the properties of waqf .
Why Muslims are opposing the Waqf Amendment Bill 2024:
- The Muslims say that the bill is unconstitutional and the BJP has introduced the bill in parliament forcibly and unconstituently, creating chaos and confusion among the local masses of India the bill clearly says that a Muslim practicing his religion for 5 years could donate or waqf his property to the waqfs which was not seen before as Muslims believe that charity has no borders it can be given by anyone anytime despite the all odds and ups and downs weather by a regular practicing Muslims or by a non-regular practicing Muslims also Muslims chiefs have been eliminated from the decision makings.
- Muslims believe their clerics are their Supremes their decisions are considered final in Islam and they make decisions Islamically according to Sharia and is acceptable to all now the bill introduced makes it clear that they can no longer make decisions on their own but rather a joint secretary level or CEO of the waqf appointed by the central government is the supreme decision maker however if Muslims community feels their decision as unfair they can approach to court to challenge the decision.
- One more fact of the bill is that” waqf by user” which says that the waqf property can only be donated to waft if it has been used for many sufficient years for the purpose of charitable and religious purposes neither it cannot be given as charity to waqf which has created chaos and put in danger many waqf properties throughout India.
- The mutawalli’s who were serving many religious ceremonies and many waqf properties their livelihood has been put in danger by the new waqf amendment bill so they feel the bill should be opposed and laws should be revoked.
- The bill has a provision of including two non-Muslim members in the waqf council or board Muslims believe it is an interference in the religion and unconstitutional They believe that the Right to freedom of religion is well described in Articles 25, 26, 27 and 28 of Indian constitution. Before the State no religion shall be given preference over the other. Citizens are free to preach, practice and propagate any religion of their choice. And they can easily make their own decisions constitutionally.
- The Muslims believe the bill is Targeting Muslim liberties creating division religiously the article contradicts articles 14,25,26,29 of the Indian constitution.
- Muslims believe it is an attempt not only to get the state’s control over Muslims’ properties but also of the Hindu community over the Muslim community’s lives.
The safeguarding of the religion is governed by the constitution of India there is mismanagement in waqf and its properties but some amendments should be made to make it digestible for the Muslim Community as well they should also take a sigh of relief from the bill if some changes which are genuine and not favoring and safeguarding them a Muslim tribunal of parliamentarians should be made to make amendments constitutionally and should be implemented by the government of India if possible.
Er Ishfaq Khaliq
Sr. Engineer ANAF.PVT.LTD.
