History
Second caliph Hazarat Umar ask prophet Mohammad about the land he had in Khaybar. The Prophet instructed him to give the land in charity (waqf), and to use any yield or income generated from it to support the poor and improve their lives And the condition was that would not be sold nor given to anybody as as present and not to be inherited. Such land will only use in public welfare. And this concept spread in all over middle east
WAQF
Arabic word ‘Waqoofa’ (waqfa) meaning is to hold something or to tie something.
Waqf means of property that can be used for public welfare. in Islam it is a form of donation where the property is dedicated for the charitable purpose.
Procedure to donate property to waqf
Waqf Property is managed by “MutaWalli” . He is the superintendent of waqf , responsible for management . mutawalli acts as a manager and supervisor or a caretaker of waqf property. but he will not owner of waqf property. Duties of mutawalli , maintain record of waqf property and keeping track on money generated from the property.
“Property donation is made through a WAQFNAMA agreement.”
A person permanently donates property for religious, charitable purposes, or to help the poor. And the document regarding donation to waqf submitted to government.
Evolution in Waqf system:
The governance of waqf properties in India has been regulated through several legislative enactments aimed at improving administration and preventing mismanagement:
I. Privy Council Ruling (1894):
The Privy Council ruled that Waqf-alal-Aulad was invalid because Waqf should serve public religious or charitable purposes, not just
family benefits. This decision caused dissatisfaction among Indian Muslims.
II. The Mussalman Wakf Validating Act, 1913:
This Act clarified and affirmed the right of Muslims to create waqfs for the benefit of their families and descendants, with
eventual charitable purposes.
III. The Mussalman Wakf Act, 1923:
Introduced to improve the management of waqf properties by ensuring proper accounting and transparency in their administration.
IV. The Mussalman Wakf Validating Act, 1930:
Provided retrospective effect to the 1913 Act, reinforcing the legal validity of family waqfs.
V. The Wakf Act, 1954:
Established State Waqf Boards (SWBs) for the first time, providing for the systematic administration, supervision, and protection of waqf
properties.
VI. Amendments to the Wakf Act, 1954 (1959, 1964, 1969, and 1984): These
amendments aimed to further improve the administration of waqf properties.
VII. The Waqf Act, 1995:
This comprehensive Act repealed the 1954 Act and its amendments. Key provisions included: Strengthening the Central Waqf Council (CWC) by empowering it to issue directives to State Waqf Boards in cases of irregularities or violations of the Act. Despite these reforms, waqf administration continued to face inefficiencies and mismanagement.
VIII. the Waqf Act, 1995, was further amended in 2013 through The Waqf
(Amendment) Act, 2013, introducing significant changes, including:
Creation of Waqf Tribunals to adjudicate disputes relating to waqf
properties.
- Change in the definition of waqf – The amendment provided for any person to
create waqf in place of ‘a person professing Islam’. - Sect specific membership in waqf boards – In case of Shia waqf the member
shall belong to Shia Muslim and in case of Sunni waqf the member shall belong
to Sunni Muslim. - Overriding effect of waqf over other laws – The Amendment provided for
overriding effect of waqf on any other law. - Amendment provides that the District Magistrate shall be responsible for implementation of the decision of the Board.
After all the amendments, corruption were increased in Waqf system
- Despite these amendments, challenges persisted in effectively addressing waqf related issues. Some of the key challenges are as following:-
- Lack of transparency in waqf property management.
- Incomplete surveys and mutation of waqf land records.
- Insufficient provisions for women’s inheritance rights.
- Large number of prolonged litigations including encroachment. In 2013, there were 10,381 pending cases which have now increased to 21,618 cases.
- Irrational power of the waqf Boards in declaring any property as waqf land based
on their own inquiry. - Large number of disputes related to government land declared as waqf.
- Lack of proper accounting and auditing of waqf properties.
- Administrative inefficiencies in waqf management.
- Improper treatment to Trust properties. Inadequate representation of stakeholders in Central Waqf Council and State Waqf Boards.
key reforms in the Waqf (Amendment) Bill, 2024
The amendments to the Waqf Act, as recommended by the Joint Committee on Waqf
Amendment Bill, 2024 (JCWAB), introduce progressive reforms, including:
i. Separation of Trusts from Waqf: Muslim-created trusts under any law will not be considered waqf, ensuring individuals retain full control over their trusts.
ii. Dedication of Waqf properties by practicing Muslim: Only person practicing Islam for at least five years can dedicate his own property to waqf. This will
restore substantially the earlier position that existed before Waqf (Amendment) Act, 2013 where the change in person entitled to do waqf from “any person
professing Islam” to “any person” was done.
iii. Protection of ‘Waqf by User’ Properties: Properties already registered with Waqf Boards will remain so unless disputed or identified as government land. As per WAMSI, there are 4.02 lakhs Waqf by User properties out of total 8.72 lakhs waqf properties as on date
iv. Women’s Rights in Family Waqf: Mandating that women receive their rightful inheritance before any waqf dedication, with special provisions for widows, divorced women, and orphans.
vi. Transparent Waqf Property Management: Mutawallis must register property details on a central portal within six months, enhancing accountability.
vii. Strengthening Waqf Tribunals: A structured selection process and fixed tenure for tribunal members are established to ensure stability and efficiency in dispute resolution. As per WAMSI Portal, there are 21618 pending cases in the Tribunals as on date.
viii. Non-Muslim Representation in Waqf Boards: The inclusion of two non-Muslim members in both Central and State Waqf Boards acknowledges diverse
stakeholders
ix. Application of the Limitation Act: The Limitation Act, 1963, will now apply to waqf property claims, aiming to reduce prolonged litigation.
Addressing Unlawful Claims: The Bill removes Section 40, which previously allowed Waqf Boards to arbitrarily claim properties as waqf, preventing
instances such as the declaration of entire villages as waqf:
- Thiruchenthurai Village, Tamil Nadu
- Govindpur Village, Bihar
- 15,000 acres in Karnataka (Vijayapura, Chitradurga, Yadgir, Dharwad,
Ballari) - Surat Municipal Corporation Headquarters
- Kerala (September 2024): Around 600 Christian families in Ernakulam
challenged the Waqf Board’s claim over their land, leading to legal action and
petitions before the Joint Parliamentary Committee