Waqf Amendment Bill: There is a lot of anger among Muslim leaders and organizations regarding the Waqf Amendment Bill. Many questions are being raised regarding this bill. Let us know what changes are being made in this bill and why the people of the Muslim community are opposing it.
Muslim leaders and organizations believe that this bill is an interference in their religious matters and it can pose a threat to Waqf property. The independence of the Waqf Board can be taken away. The opposition says that the Waqf Amendment Bill is against the Constitution and it will increase religious tension in the country.
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At the same time, the central government says that the purpose of this bill is to better manage the Waqf property and protect the interests of the Muslim community. The government says that this will not cause any harm to the Muslim community. At present, the Lok Sabha has sent the bill to the Joint Parliamentary Committee (JPC) for comprehensive investigation.
Now first understand the meaning of Waqf
Waqf is an Arabic word. Waqf means donation. Waqf is a kind of donation in which a person gives his land, house or money for a charitable work like a mosque, school or hospital. Then that person is no longer the owner of this property, rather it is considered the property of Allah.
Understand this by an example- if a person gives his land to Waqf then that land will no longer be his. The rental income from that land will be used for the maintenance of the mosque or to help the poor.
What does the law say?
According to the Waqf Act 1954, Waqf means that any Muslim should give away his movable or immovable property forever for any work which is considered religious, sacred or charitable according to Islamic law.
It is not necessary for a person to use the word ‘waqf’ to make a waqf. If he has clearly expressed his wish that he is giving his property for some religious or charitable purpose forever, then it is considered a waqf.
Earlier the Waqf law said that only Muslims can Waqf their property. But this law was changed in the year 2013. Now any person, irrespective of his religion, can Waqf his property.
How is Waqf managed?
In India, Waqf properties are managed under the ‘Waqf Act 1995’. However, the law for the management of Waqf has been in place since 1913, when the Muslim Waqf Validating Act came into force. After this, the Muslim Waqf Act 1923 came and then after independence, the Central Waqf Act 1954 was enacted, which was later replaced by the Waqf Act 1995.
In 2013, this law was again amended. Now, occupying Waqf property can result in a jail sentence of two years. Also, selling, gifting, changing, mortgaging or transferring Waqf property is completely prohibited. Almost all the major mosques in the country are Waqf properties and come under the state Waqf Board.
The Waqf Act provides for the appointment of a Survey Commissioner. This officer makes a list of all Waqf properties by conducting local investigations, summoning witnesses and seeking government documents. Waqf properties are managed by a Mutawalli and any dispute is decided by the Waqf Tribunal. Apart from this, Waqf Boards have also been formed to look after Waqf properties.
Now, which changes in the law do the Muslim community object to?
Currently, the definition of Waqf says that any person can give any of his property to Waqf. But after the amendment, it will change to the fact that only those Muslims can give their property to Waqf who have been following Islam for the last five years and who have full ownership of that property.
Earlier, Waqf could be made for a particular family but there is no such provision in the new amended law. Waqf can be made only for religious or any good work. If no one is left in the family then the income of Waqf will be used for education, development, care of divorced women and children. The central government will decide its rules. At the same time, in the amended bill, some powers have been given to the collector, which earlier were with the Waqf Board.
Earlier, to register a Waqf, the rules of the Waqf Board had to be followed. But now, according to the new law, a deed is necessary to create a Waqf. That is, you have to prepare a document which states which property you are waqfing and for what purpose.
New sections in Waqf Amendment Bill
Three new sections have been added in the new Waqf law: Section 3A, 3B and 3C.
Section 3A states that to make any property a Waqf, it is necessary to have a legal owner and that person should be in a position to give that property. Apart from this, if a person makes his property a Waqf for his family (Waqf-al-Aulad), then this will not affect the rights of his heirs (including sons and daughters).
Section 3B states that all Waqfs registered before the 2024 amendment will have to submit their information on an online portal. This will contain all the information related to the Waqf. Such as who was the creator of the Waqf, how much income is generated from the Waqf property, court cases related to the Waqf, salary of the Mutawalli, tax information etc. The central government can also ask for more information.
Section 3C states that no government property can be made a Waqf. If any government property has already been declared a Waqf or is now declared a Waqf, it will not be considered a Waqf. If there is a dispute over any property, the collector will investigate it and submit his report to the state government. Until then, that property will not be considered a Waqf.
Non-Muslims will also be included in the Waqf Council and Board!
Under the new bill, two women members and two non-Muslim members can also be elected in the Central Waqf Council. On the other hand, there were certain types of people in the State Waqf Board. Under the new law, the board will have at least two women members and two non-Muslim members. Apart from this, there will be at least one member each from Shia, Sunni and other backward classes of the Muslim community. If there is Bohra or Aga Khani Waqf in the state, then one of them will also be a member.
Currently, the Wakf Act states that the state government will have to appoint a survey commissioner who will investigate the Wakf. In the new law, this post has been abolished and this work has been handed over to the collector. Also, earlier there were only Shia and Sunni Wakfs but now Aga Khani and Bohra Wakfs have also been included.
Right to challenge the decision of the Waqf Tribunal
According to the Waqf Act of 1995, if there is a dispute over any property as to whether it is a Waqf or not or whether it is a Shia or Sunni Waqf, then its decision is taken by the Waqf Tribunal and the decision of the Tribunal is considered final. The special thing is that for filing a case in the Tribunal, an application had to be made within one year of the release of the Waqf list. That is, no case could be filed in the Tribunal after one year of the release of the Waqf list.
But now a change has been made in the Wakf Amendment Bill. Now the decision of the tribunal will not be final. Now a case can be filed in the court within two years of the release of the Wakf list. If a case has to be filed even after two years, then the reason for it will have to be given. Also, there is a section in the old law under which the Wakf Board could find out itself which property is a Wakf, that section has also been removed.
Audit of Waqf accounts
According to the 1995 Act, the accounts of Waqf were audited by an auditor appointed by the Waqf Board. The state government could also get the audit done. But now, after the passage of the amended bill, the auditor appointed by the Waqf Board will be from the list of auditors prepared by the state government.
If the Central Government wants, it can get the accounts audited by an auditor appointed by the CAG of India at any time. The Central Government can get this audit report published in any manner.
Debate on the bill in Parliament
The opposition has raised many questions on this bill. They say that the government does not have the right to make such a law, this will weaken the federal system of the country and the right of religious communities to run their religious affairs will be violated.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) MP Asaduddin Owaisi has also expressed strong opposition. He said that this bill violates the basic structure of the Constitution. You want to snatch those mosques on which the RSS claims, you want to snatch those dargahs on which the right-wing Hindutva organizations are claiming. There are many sections in it which are dangerous. This bill is not in favor of the Waqf Board, but is an attempt to demolish the Waqf and eliminate Muslims.
On the other hand, Congress leader and MP KC Venugopal said that this bill is an attack on the Constitution because it is ending the secularism of the country. Articles 25 and 26 of the Constitution talk about freedom of religion and freedom to run religious affairs, but this has not been done in this bill. Especially, the inclusion of non-Muslim members in the Waqf Council and Board is an attack on freedom of religion. The central government does not have the right to make rules for Waqf property. This is the work of state governments.
Tamil Nadu MP Kanimozhi Karunanidhi also said that the inclusion of non-Muslim members in the Waqf Council is wrong. This is a violation of Article 30 of the Constitution under which minorities have the right to manage their institutions. There is also a violation of Article 14 of the Constitution in which everyone is considered equal.
What did the government argue on the allegations?
Union Minister Kiren Rijiju defended the bill, saying that all the changes have been made as per the recommendations of the Sachar Committee, including the inclusion of non-Muslim members. He said that the provisions of the bill do not take away the freedom of any religious institution, which is protected under Articles 25 to 30.
He also said that the Waqf Board is not a religious institution, as the Supreme Court had said in a case. Therefore, the articles related to religion in the Constitution do not apply to it. He said that the changes made in this bill fall within the scope of the government’s power to make laws.
Kiren Rijiju cited a 1976 report which said that most of the Waqf properties are in the possession of Mutawallis and not everyone is able to benefit from it. It was suggested in this report that the tribunal should be abolished because it has failed to resolve disputes and 19,207 cases are still pending. The report also calls for changes in the audit system.
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In Shorts –
- Waqf Bill sparks anger among Muslim leaders over religious interference.
- Muslim community fears Waqf Board independence and property threats.
- Waqf only allowed by Muslims practicing Islam for 5+ years.
- Non-Muslims can now join Waqf Council and Board.
- Waqf property registration requires a deed; new ownership rules introduced.
- Waqf Tribunal decisions can now be challenged in courts.
- Central government can audit Waqf accounts; state-appointed auditors mandated.
- Opposition claims bill violates religious freedom and constitutional rights.
- Government defends bill, citing Sachar Committee recommendations and fairness.
- Supreme Court ruling states Waqf Board isn’t a religious institution.
