The Wakf Act of enabling law was passed in 1995 for the purpose of controlling and managing ‘auqaf’ meaning assets that have been donated and notified as Wakf by ‘wakif’ the person dedicating such property.
The proposal to replace the 44 sections of the Waqf Act of 1995, which seek to rename it to ensure that non-Muslims individuals and Muslim women can be part of central and state Waqf boards, is likely to be presented the Lok Sabha on Thursday, said the top government officials this morning.
Another bill will be introduced to repeal the 1923 Waqf Act.
The amendment will also give a new name to the 1995 law as the Unified Waqf Management, Empowerment Efficiency and Development Act. Sources explained the total objective is to improve administration of Waqf properties and Waqf land signifies the belief in terms of Islamic law by which certain properties are set aside for religious or charitable purposes.
Regarding the major proposed changes/omission to the existing legislation includes the eradication of Section 40, which permits the Board to categorise properties, meaning that it could brand any of its properties as Waqf.
However, now that role has shifted to the District Collector, a Civil Service official, to decide about it.
New Waqf Proposals
Every organisation which is known as the Central Waqf Council and the state Waqf Boards has to have at least two women board members.
The Government will now introduce the members in the council that include one Union Minister, three Members of Parliament, three representatives of the Muslim organisations, and three Muslim law experts. It will comprise two former judges either at the Supreme Court level or a High Court level four ‘persons of some repute in the country’ and senior officials of the union government.
At least two of these should be women.
By the way these changes needed the introduction of a non-Muslim slot for the Council and Boards since one cannot be nominated to the body on religious grounds and most of the MPs and government officials are in the chamber.
As coupled under the new law it is mandatory to give notice before registration of any property as Waqf. Moreover, this registration has to be done on a unified website.
Waqf boards’ surveys are set to be conducted under the District Collector or an officer nominated by him. There will also be provision to appeal to High Court within 90 days as from the time the Board makes its decision.
Also, only the practicing Muslims shall be permitted to contribute either through immovable or movable property to the said Waqf Council or Board. Also, this decision can only be made by the legal owner of the said property.
According to the existing law none of the properties can be deemed as Waqf property if there is any doubt regarding its history, especially if there is any doubt that it belongs to the government. Finally, in any such claims officials will seek to interrogate and prepare a report to the state; the records will then be realigned.
In the new law money given to the Waqf Board has to be spent for the well being of the widows, divorced women, and orphans, and that is also according to the ways advised by the government.
They also presented other important propositions, such as women’s inheritances have to be safeguarded and secured.
Similarly, the bill also puts forth a different board for two casts namely, Bohra and Agakhani. It also provides for the representation of Shias, Sunnis and other backward classes among the Muslims-GV.
Protest Over Proposed Changes
Hearing these sources, the government has intentions of having the bill approve to be “inclusive” but will definitely encounter stiff resistance from the opposition parties and the Waqf Boards standing across the country; the hailing chief of Tamil Nadu Board described the amendments as a strategy adopted by the ruling BJP to “denuclearise” and “destablise” such bodies.
The All India Muslim Personal Law Board said any changes to the law “will not be tolerated”.
This, sources stated, is also to check ‘encroachment by the Waqf boards’, which together hold the nation’s largest stretches of land, about eight lakh acres; the Railways and the military comes next – they belonging to the government, but the Waqf boards are private entities.
The All India Sufi Sajjadanashin Council described on Tuesday the centre’s decision to change the method of working of Waqf boards as a welcome decision that was overdue.
