The Waqf (Amendment) Bill, 2024, introduced in the Indian Parliament, proposes significant changes to the management and administration of waqf properties—assets endowed for religious, educational, or charitable purposes in Islam. These proposed amendments have sparked extensive debate and concern among various stakeholders, particularly within the Muslim community. This article aims to provide a comprehensive overview of the bill's key provisions, the rationale behind them, and the controversies they have ignited.
Key Provisions of the Waqf (Amendment) Bill, 2024
1. Inclusion of Non-Muslim Members in Waqf Institutions
The bill proposes the inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards. Specifically, it mandates that two non-Muslim members be part of the Central Waqf Council and allows state governments to nominate non-Muslim members to the State Waqf Boards. This marks a departure from the earlier requirement that all members, except the Union Minister in charge, must be Muslims.
2. Replacement of Survey Commissioners with District Collectors
The bill seeks to abolish the position of the Survey Commissioner of Waqf, traditionally responsible for surveying waqf properties. In its place, the District Collector will be entrusted with this responsibility, following procedures outlined in state revenue laws. This change aims to streamline the survey process but has raised concerns about the potential for increased government control over waqf assets.
3. Determination of Ownership for Disputed Waqf Properties
In cases where ownership of a property is disputed, the bill empowers the District Collector to determine its status. If deemed government-owned, the property will cease to be classified as waqf, and revenue records will be updated accordingly. This provision is intended to resolve longstanding disputes but has been criticized for potentially undermining waqf property rights.
4. Changes to the Formation and Administration of Waqf
The bill introduces several changes to the formation and administration of waqf:
Eligibility to Create Waqf
Only individuals who have practiced Islam for at least five years and own the property can declare a waqf.
Removal of 'Waqf by User'
The concept of 'waqf by user,' where long-term use of a property for religious purposes could establish it as waqf, is abolished.
Appeals Process
Decisions of Waqf Tribunals are no longer deemed final, allowing appeals to the High Court within 90 days, and introducing an additional layer of judicial oversight.
Rationale Behind the Amendments
Proponents of the bill, including Minister of Minority Affairs Kiren Rijiju, argue that these amendments aim to:
1) Curb Corruption and Mismanagement
By introducing non-Muslim members and involving government officials like District Collectors, the bill seeks to enhance transparency and accountability in waqf property management.
2) Streamline Administrative Processes
Replacing the Survey Commissioner with the District Collector is intended to simplify and expedite the survey and documentation of waqf properties.
3) Resolve Property Disputes Efficiently
Empowering District Collectors to determine ownership aims to provide a clear and authoritative resolution to longstanding disputes over waqf properties.
Controversies and Criticisms
Despite the stated objectives, the bill has faced significant opposition:
1) Undermining Muslim Autonomy
Critics argue that including non-Muslim members in waqf institutions infringes upon the Muslim community's constitutional right to manage its religious affairs independently.
2) Potential for Government Overreach
Assigning the role of surveying and determining ownership of waqf properties to District Collectors raises concerns about increased government control and possible encroachment on waqf assets.
3) Ambiguity in Legal Provisions
The removal of 'waqf by user' and changes to the appeals process have led to fears of legal ambiguities and potential exploitation, possibly resulting in the loss of waqf properties.
Comparative Perspective: Waqf Laws in Other Countries
To understand the implications of the proposed amendments, it's helpful to compare waqf governance in other nations:
| Country | Type of Law | Waqf Creator Eligibility | Administrative Structure | Composition Requirements |
|---|---|---|---|---|
| United Arab Emirates | Central Law | Any individual or legal entity | Administered by a trustee; certain properties managed by competent authority | Not specified |
| Indonesia | Central Law | Any individual, organization, or legal entity | Waqf Body advises administrators and manages large waqf assets | All members must be Indonesian Muslims |
| Malaysia | State Laws | Any individual | Properties vest with the Council (Majlis), which appoints Waqf Management Committee | Council includes members knowledgeable in Islamic law |
| Bangladesh | Central Law | Any practicing Muslim | Administrator conducts surveys, development, and financial oversight | Administrator and advising committee must be Muslim |
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