Puzzled about the Waqf Bill? Syed Firdaus Ashraf explains how the amended Waqf law will plug loopholes in the existing legislation.
What exactly is the meaning of Waqf?
Waqf means 'charitable endowment' for Muslims, whereby a person donates his land for religious purposes or social welfare.
What is the controversy over the Waqf amendments?
The Modi government brought in a new bill to replace the Waqf Act 2013 to ensure a transparent way of working of the Waqf board.
Opposition parties allege that the government has brought in the new bill to harm the interests of the Muslim community by 4 Ds: Dilute, Defame, Divide, Disenfranchise.
How does the new Waqf bill change the role of the Waqf Board?
According to the government, the Waqf Board will from now on identify people who illegally sell off Waqf properties. The board will also target people who give out Waqf properties on long term lease for personal gain.
This will ensure better earnings for the Waqf Board, which has seen a steady decline in its revenues.
What will non-Muslims do on the Waqf Board?
Under the new legislation non-Muslims will be a part of the Waqf Board; however their role will be restricted solely to administration of charity-related matters.
The non-Muslim members appointed to the Waqf Board will not be involved in the religious activities of Muslims.
What did Home Minister Amit Shah say about non-Muslims becoming a part of the Waqf Board?
Amit Shah told the Lok Sabha, 'In Waqf, there are Waqif (donor) and Mutawalli (administrator), who are followers of Islam. He pointed out that the word Waqf itself comes from Islam, so only those who follow Islam can manage Waqf.'
Shah further clarified that while Waqf is a religious matter, the Waqf Board or Waqf properties themselves are not religious institutions.
Who can declare a property as a Waqf property?
Only those who are practising Muslims for at least five years can dedicate his or her property to Waqf.
And if anyone declares a property as Waqf s/he will have to have the claim verified by a district collector.
Power of Collector
Whenever a piece of land is purchased for a temple, it is the collector who determines its ownership.
Earlier, the collector had no power or authority to verify whether the Waqf land belonged to the government or not. Now, s/he has the power to do so.
Previously, surveys were conducted by survey commissioners and additional commissioners. Under the new Bill, the district collector will oversee Waqf land surveys, aligning them with state revenue laws.
What happens to government property declared as Waqf?
The bill states that any government property identified as Waqf will cease to be so. The collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed government property, s/he will update the revenue records.
In other words, the new bill makes it clear: If a government property was mistakenly recorded as Waqf, it will no longer be considered as Waqf land.
In case of dispute, the district collector, not the Waqf Board, will have the final say, and the matter will be handled under state revenue laws.
No land will become Waqf merely by declaration
In other words, Waqf cannot acquire private property without having ownership of the same. The new Waqf bill ensures that the law will protect the private land if the Waqf Board tries to intervene and acquire it.
Courts' role
Under the old law, high court intervention in Waqf disputes was allowed only under special circumstances. The new Bill makes it easier to challenge Waqf tribunal decisions and appeals can be filed in the high court within 90 days.]
The central government's power over the Waqf administration has also increased. The central government can make rules on Waqf registration, accounts, and audits, which will be conducted either by the Comptroller and Auditor General or a designated officer.
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