Waqf across the ages: The government's goals and the Rs 1-lakh crore property owner board's method of acquiring land

 The goal of the government's proposed modification to the Waqf Act, 1995 is to limit the unchecked authority of Waqf Boards, which was further expanded by an amendment in 2013. This action aims to combat corruption by bringing accountability and transparency to the regulation and oversight of the more than 8.7 lakh properties under state board jurisdiction throughout India. This is a thorough examination of Waqf's components and the difficulties in maintaining these assets.

What is Waqf and what kinds of assets are included in it?

Under Islamic law, a property designated only for religious or charity purposes is referred to as a waqf. When something is declared to be waqf, ownership is passed from the one declaring the waqf (waqif) to Allah, making it unchangeable. A mutawwali, chosen by the waqif or another appropriate authority, is in charge of overseeing these properties.
The Railways and the Defense Department are the two largest landholders in India, with the Waqf Board coming in third. In India, waqf boards are in charge of 8.7 lakh assets totaling 9.4 lakh acres, with an estimated worth of Rs 1.2 lakh crore. 32 waqf boards exist, two of which are in Uttar Pradesh and Bihar and are run by Shia people. About 200 people hold all of the power on the state Waqf boards.

What difficulties does Waqf's irrevocability present?

A property is perpetually designated as waqf once it is. This irrevocability has given rise to a number of disagreements and claims, some of which have confused courts, such as the claim to two islands in Bet Dwarka. Other examples of controversies are the Surat Municipal Corporation building, which is being contested since it was once used as a "sarai" during the Mughal Empire, and the Bengaluru Eidgah site, which is being claimed as waqf property from the 1850s. Waqf property is where the Tollygunge Club in Kolkata, the Royal Calcutta Golf Club, and the ITC Windsor Hotel in Bengaluru are located. One challenge is the encroachment on waqf holdings. In September 2022, the Tamil Nadu Waqf Board claimed possession of the whole Thiruchendurai village, which is primarily home to Hindus.

How did the law of Waqf develop?

Early examples of the notion of waqf in India date back to the Delhi Sultanate, when Sultan Muizuddin Sam Ghaor (Muhammad Ghori) dedicated villages to the Multan Jama Masjid. The earliest attempt at regulation dates back to 1923 with the Mussalman Waqf Act. The Waqf Act was initially enacted by Parliament in 1954 in independent India. In 1995, a new Waqf Act took its place, giving waqf boards additional authority. Alongside the consolidation of power has come an upsurge in the number of complaints over encroachment and unlawful waqf property sales and leases. The Act was changed in 2013, giving waqf boards unrestricted authority to assert properties under the names of Muslim charitable organizations. Because neither the waqf board nor the mutawwali (custodian) have the authority to sell a waqf property, the revisions rendered the selling of waqf properties impossible.

How does the measure seek to limit the sweeping powers?

Waqf boards have the authority to determine whether a piece of property is waqf property under Section 40 of the Waqf Act, 1995. There are accusations that this authority has been abused by certain interests to seize property with the assistance of the dishonest waqf bureaucracy. Additionally, there have been challenges contesting the nomination of managers and accusations of misusing the authority granted to boards for the appointment of mutawwalis. The problematic part would be completely repealed and the collector would be given more authority under the bill. It's interesting to note that waqf bodies with such authority do not exist in nations that adhere to Islamic law.

In what ways has the 1923 definition of Waqf been modified for 2013?

The phrase "permanent dedication by a person professing Islam" was substituted for "permanent dedication by any person" in 2013, marking the primary modification to the definition. It is thought that waqf has opened the door for anyone to dedicate property to waqf boards following this change.

How did the number of complaints and cases rise?

Over time, disagreements have grown more frequent, and the waqf bureaucracy has come under fire for its perceived inefficiency. As a result, problems including encroachment, poor administration, ownership conflicts, and delays in registration and surveys have arisen. The waqf system's tribunals are currently handling 40,951 cases. The lack of judicial review of decisions made by tribunals made up solely of waqf bureaucrats exacerbates the problem. Since 2013, the rule has come under increased public criticism due to objections from a variety of Muslim groups, including women, intellectuals, and OBC Muslims. 

Another major worry is appeals process flaws. For example, the tribunal has jurisdiction to hear an appeal against a board decision, but it does not have a set timeframe for doing so. The tribunal's ruling is final, and the only avenue for appeal is through high court writ jurisdiction. Furthermore, in states without tribunals, the waqf bureaucracy serves as the last arbiter.

It is felt that OBC Muslims, the Pasmandas, and members of minority Muslim sects, such as the Bohras and Shias, must be represented on waqf boards in states where there is only one. The law also aims to address the issue of misuse of the 'Waqf-al-Aulad' provision, which is used to restrict inheritance rights to women and orphans in specific circumstances.

What was said about the Waqf system by the Sachar Committee and other panels?

In its 2006 report, the Sachar Committee made several recommendations, including the necessity for regulation, effective record-keeping, the involvement of non-Muslim technical skills in waqf management, and the inclusion of waqf under the financial audit plan. In a similar vein, the March 2008 report on waqf by the joint parliamentary committee to the Rajya Sabha suggested changing the makeup of waqf boards and suggesting that a senior officer be appointed as the CEO of state waqf boards. It also suggested taking strict measures against unauthorised property alienation, punishing corrupt mutawwalis severely, allowing high courts to intervene in certain cases, computerising waqf boards, and providing adequate representation for the Shia community in the Central Waqf Council.

What is the amendments' overarching purpose?

In addition to protecting women's rights and ensuring equal participation in the Central Waqf Council and waqf boards, the government also hopes to modernize the management of waqf properties, lower litigation, effectively coordinate with the revenue department, and offer judicial control over tribunal rulings.

What is the Muslim Personal Law Board's stand?

The All India Muslim Personal Law Board has threatened to launch a large-scale action in response to the bill, calling it an interference with personal laws. The highest authority representing Sufi shrines, the All India Sufi Sajjadanashin Council, has praised the government's proposal despite the fact that waqf boards operate in a "dictatorial" fashion.