Waqf Board: The government has introduced the Waqf Act Amendment Bill 2024, putting the spotlight on the Waqf Boards. The Waqf Board is an important institution in India that manages properties dedicated to charitable purposes under Islamic law. Waqf boards play a crucial role in ensuring that these properties are used effectively and transparently.
However, over the years, the Waqf Board has faced several challenges, including issues related to property management, legal disputes, female representation, and the need for reforms. Here will will discuss the history of the Waqf Board, its functions, the powers it holds, and the recent issues for UPSC exams.
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What is Waqf?
Waqf is an Islamic endowment of property to be held in trust and used for a charitable or religious purpose. The term “waqf” comes from the Arabic word meaning “confinement” or “prohibition.” In simpler terms, it means dedicating property in the name of God for religious or charitable purposes.
Waqf can be formed through a deed by a donor, known as the ‘Waqif’, or by converting a property that has been used for religious or charitable reasons for a significant period of time. To establish a Waqf, the waqif must be of sound mind and own the property, though they need not be Muslim as long as they adhere to Islamic principles.
Once a property is designated as a waqf, it cannot be sold, inherited, or gifted, as it is considered to belong to Allah. Currently, the Waqf Act governs waqf in India.
About Wakf Act 1954
The concept of waqf and the administration of waqf properties have existed for centuries. However, the formal establishment of Waqf Boards in India took place with the enactment of the Wakf Act of 1954, which was later replaced by the Wakf Act of 1995 to streamline and improve the administration of waqf properties.
The Wakf Act 2013 governs waqf properties and their administration in India. This act introduced significant amendments to enhance the management of waqf properties, ensuring better accountability and transparency.
Wakf Act 1995
It defines “waqf” as the permanent dedication of any movable or immovable property for any purpose recognised by Muslim law as pious, religious, or charitable.
The Act mandates the establishment of State Waqf Boards in every state.
The Act requires all waqf properties to be registered and maintained in a record.
It provides for the power and functions of the Waqf Council, State Waqf Boards, and the Chief Executive Officer.
It describes the duties of mutawalli, who is responsible for managing the Waqf properties.
The Act also outlines the powers and restrictions of Waqf Tribunals, which act as civil courts under their jurisdiction.
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Here are some of the key provisions of the Wakf (Amendment) Act, 2013:
It changes terms from “Wakf” to “Waqf” and “Wakfs” to “Auqaf” and introduces new definitions, such as “encroacher” and adjustments to the list of waqf-related terms and concepts.
The Act mandates states to maintain updated lists of auqaf and complete a survey of these properties within a year, with provisions for the appointment of Survey Commissioners and other administrative officials.
It establishes a Central Waqf Council to advise on board operations and issue directives and includes provisions for the removal of board chairpersons and detailed procedures for handling disputes and administrative functions.
The Act also includes penalties for unauthorized occupation and alienation of waqf properties, with stipulations for improved management, documentation, and oversight of waqf property administration.
What is the Waqf Board?
The Waqf Board is a statutory body established under the provisions of the Waqf Act, 1954 to manage and regulate Waqf properties in India. The board operates under the supervision of the state government and is recognized as a legal entity or juristic person.
The Central Waqf Council provides advisory support to ensure the boards function effectively. The primary functions of the board include:
Maintenance of Waqf Properties: The Waqf Board is responsible for ensuring that waqf properties are properly maintained and utilized for their intended purposes.
Registration of Waqf Properties: All waqf properties must be registered with the Waqf Board.
Administration: The Board administers the waqf properties, ensuring they are used for charitable or religious purposes as intended by the donors.
Supervision and Control: The board supervises and controls the management of waqf properties by mutawallis (custodians).
Sunni Central Waqf Board
The Sunni Central Waqf Board is responsible for managing Waqf properties belonging to the Sunni sect of Islam in India. It is the largest Waqf board in the country and has been involved in several high-profile disputes over Waqf properties.
Shia Central Waqf Board
The Shia Central Waqf Board is responsible for managing Waqf properties belonging to the Shia sect of Islam in India. It works in coordination with the Central Waqf Council and state Waqf boards to ensure the proper utilization of Waqf properties for the benefit of the Shia community.
Currently, there are 872,292 registered waqf board properties in India spread across 8 lakh acres.
Composition of Waqf Board
As stated, the Waqf Board is a legal entity that can sue or be sued in a court of law. The members of the board consist of the state government nominees, members from the Muslim community, members of the state Bar Council, mutawalis, and government officials.
Composition of Waqf Board
Chairperson
Leads the Board
State government nominees
Representatives appointed by the state
Legislators and parliamentarians
State representatives from the Muslim community
State Bar Council members
Muslim Legal experts providing guidance
Mutawalis
Managers of waqf with an annual income of Rs 1 lakh and above
Islamic scholars
Religious experts contributing to decision-making
Waqf Board Powers
The Waqf Board is responsible for managing Waqf properties, recovering lost properties, and allowing the transfer of these properties through methods like sale, gift, mortgage, exchange, or lease. For any transaction to proceed, at least two-thirds of the board members must agree.
The board also appoints custodians to make sure that the Waqf and its income are used for their intended purposes. The Central Waqf Council (CWC), which was set up in 1964, supervises and gives advice to the Waqf Boards at the state level throughout India. Some of its key powers are:
Inspection: The Board can inspect waqf properties and accounts to ensure compliance with the law.
Appointment of Mutawallis: The Board has the authority to appoint or remove mutawallis if necessary.
Legal Actions: It can take legal actions to protect waqf properties from encroachment or misuse.
Audit: It conducts regular audits of waqf accounts and properties.
Central Waqf Council
The Central Waqf Council (CWC) is a statutory body established in 1964 by the Government of India under the Waqf Act of 1954. CWC functions under the control of the Ministry of Minority Affairs and primarily functions as an advisory body to the central government, state government, and Waqf Boards.
It can also oversee the work of various state Waqf boards and ensure the effective management and administration of Waqf properties across the country. It launches schemes like the Development of Urban Waqf Properties for the effective functioning of Waqf across the country.
Do You Know?
Right to Freedom of Religion: Articles 25-28 of the Indian Constitution
Articles 25 to 28 of the Indian Constitution guarantee the right to freedom of religion, ensuring that individuals can freely profess, practice, and propagate their faith. Particularly, Article 26 grants religious denominations the right to manage their own affairs, establish institutions, and own property.
Waqf Act Amendment Bill 2024 Issue
The Waqf Board Amendment Bill of 2024 aims to introduce changes to the Wakf Act of 1995, which governs the administration of waqf properties in India. Here are some of the proposed amendments:
Mandatory Verification: Waqf Boards will have to verify all property claims to ensure transparency.
Changes to Waqf Boards: Revisions will be made to Sections 9 and 14 to modify how Waqf Boards are composed and how they operate.
New Property Verification: Properties claimed by boards will undergo new verification processes to resolve disputes and prevent misuse.
Involvement of District Magistrates: District magistrates may be involved in overseeing waqf properties to ensure proper management.
Learn in detail about the possible impacts of this bill. Enroll in the top UPSC courses by Physics Wallah and stay ahead in preparation with a holistic coverage of issues in the news!
Waqf Board Explained FAQs
What does the Waqf Board stand for?
The Waqf Board is a statutory body responsible for the administration and management of waqf properties in India.
Do waqf boards pay taxes?
No, the Wakf board’s income is exempt from Income Tax but revenue generated from leasing of properties can be taxed under the service tax and GST laws.
Who controls the Waqf board?
The Waqf Board operates under the supervision of the state government as per the provision of the Wakf Act 1995.
When was the Waqf board established in India?
The Waqf Board was formally established in India with the enactment of the Waqf Act in 1954, which was later replaced by the Waqf Act of 1995.
What is the Central Waqf Council?
The Central Waqf Council is a statutory body that advises and oversees the functioning of state-level Waqf Boards in India, established under the Waqf Act.
What is the meaning of Waqf Board?
A Waqf Board is a legal entity that manages and oversees waqf properties dedicated to religious, pious, or charitable purposes under Islamic law.