The Waqf (Amendment) Bill, 2024, introduced on August 8, 2024, amends the Waqf Act, 1995, renaming it to the ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’.
Waqf is a charitable practice in Islam where assets are donated for religious or community benefits. These assets, like property or funds, are held in trust, with their income used for specified charitable or religious purposes.
Types of Waqf:
Waqf Al-Khairi (Charitable Waqf): Supports general community welfare, such as schools, hospitals, and mosques.
Waqf Al-Ahli (Family Waqf): Benefits the founder's family first, and later transitions to charitable causes once the family no longer needs it.
Legal and Management Aspects:
Waqf properties are managed according to Islamic law by a custodian (Mutawalli), with modern legal systems adapting regulations to ensure proper and sustainable management of these assets.
Formation of Waqf:
It allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad).
Only Muslims practicing for at least five years and owning the property can declare a waqf.
Waqf by user is removed.
Waqf-alal-aulad must not deny inheritance rights to the donor’s heirs, including women.
Government Property:
Government property identified as waqf will no longer be considered waqf.
Collectors will determine ownership and update records if deemed government property.
Determining Waqf Status:
The Bill removes Waqf Board’s power to determine if a property is waqf.
Survey of Waqf:
Collectors will conduct surveys instead of Survey Commissioners.
Pending surveys will follow state revenue laws.
Central Waqf Council:
The Bill allows two non-Muslim members.
Non-Muslims can be MPs, former judges, or eminent persons.
Muslim members must include representatives of Muslim organizations, Islamic law scholars, and Waqf Board chairpersons.
Two Muslim members must be women.
Waqf Boards:
The Bill gives state governments the power to nominate members from MPs, MLAs, MLCs, and Bar Council members. They do not need to be Muslim.
Boards must include two non-Muslim members, and at least one member each from Shias, Sunnis, Backward classes, Bohra, and Agakhani communities if applicable.
Two Muslim members must be women.
Tribunals:
Chairman of these Tribunals must be a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge.
The Bill changes Tribunal’s other members composition: a current or former District Court judge as chairman and a current or former Joint Secretary as a member.
Removes requirement for a member knowledgeable in Muslim law and jurisprudence.
Appeals:
The Bill allows appeals of Tribunal decisions to the High Court within 90 days, unlike the Act which prohibited appeals.
Central Government Powers:
The Bill gives the central government powers over registration, accounts publication, and Waqf Boards proceedings.
Accounts audits will be done by the CAG or a designated officer, replacing state government audits.
Waqf Boards for Sects:
The Bill allows separate Waqf Boards for Bohra and Agakhani sects, in addition to Sunni and Shia boards if Shia waqf constitutes over 15% in the state.
A Muslim can create a family waqf concerning only one-third of their property if excluding heirs.
Complete exclusion of female heirs is prohibited.
Female heirs may receive token benefits, which might lead to unequal distributions.
Way forward:
Strengthen Waqf Governance:
Enhance oversight and accountability of waqf boards.
Balance state involvement with respect for religious autonomy.
Safeguard inheritance rights, especially for women.
Prevent government overreach while ensuring effective management of waqf properties.
Promote Inclusivity and Equity:
Amend the Waqf Bill to address concerns about non-Muslim inclusion in waqf boards.
Ensure equitable distribution of waqf assets in alignment with Islamic inheritance laws.
The Waqf (Amendment) Bill, 2024 revises the 1995 Act to enhance governance by shifting powers from Waqf Boards to state authorities, introduces broader inclusivity in boards, and adjusts provisions for property management and inheritance rights. It aims to improve efficiency while balancing religious autonomy and government oversight.
