Waqf Bill Impact: Final Verdicts Out, Claiming Property Set to Change

The history of waqf in India dates back to the early days of the Delhi Sultanate, when Sultan Muizuddin Sam Gaur dedicated two villages to the Jama Masjid of Multan and handed over its administration to Sheikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of waqf properties increased.

Waqf Bill Impact

The debate on the Wakf Amendment Bill has started in Parliament. Union Minister Kiren Rijiju started the discussion on the bill in the House. However, the ruling NDA has sufficient numbers to pass the bill. Meanwhile, the Muslim community also has mixed opinions about the bill. The question is whether anything will change after its implementation?

New Rules for Waqf

If the Waqf Bill is implemented, then many big changes will be seen with it. For example, the decision of the tribunal will not be considered final, the claim can be challenged in the civil court, High Court and Supreme Court, it will not be easy to claim any land on behalf of the Waqf, only the land received as donation will be considered the property of the Waqf. The entire property of the Waqf will be registered on the portal.

Apart from this, if a claim is made on government property, then an investigation will be conducted. Also, the claim of Waqf on any land based on usage will not be accepted. The bill states that there will be no interference in the properties of Waqf where Namaaz is offered. There will be no interference in registered properties. The special thing is that Waqf will not be able to claim property in any tribal area.

Waqf Bill Shake-Up

Collector will lose power: Instead of the District Collector, now an officer of a higher rank than the Collector will have the power to decide the ownership of the property and submit a report to the State Government. This officer will also be selected by the State Government.

Wakf Tribunal: The Wakf Tribunal will have three members. One of them will be an expert in Muslim law. Also, a former or current District Judge will be made the Chairman. Apart from this, the third member will be of the rank of Joint Secretary in the State Government.

Central Waqf Council: The bill states that at least two members of this council will be non-Muslims. The MPs, former judges and dignitaries appointed to the council will not be required to be Muslims. Also, it will include representatives of Muslim organizations, experts of Islamic law and the chairman of the Waqf Board. It is necessary to have at least 2 women among the Muslim members.

Tribunal's decision is not final: According to the current law, the decision of the Waqf Tribunal is final and it is prohibited to go to the court against the decision. However, the High Court can hear these cases at its will. Now the bill has abolished the provision of considering the tribunal's decision as final. It has also been said that an appeal can be made in the High Court on the tribunal's decision within 90 days.

Powers of the Central Government: The amendment bill gives the Central Government the authority to change rules such as registration, publication of accounts of Wakf. Also, the Central Government will be able to get the accounts of Wakf audited by CAG or a designated officer.

Separate boards for Bohras and Agakhanis: The Bill allows for the creation of separate boards for Bohras and Agakhanis.

How much property does the Waqf have

The latest figures of WAMSI i.e. Waqf Assets Management System of India show that Waqf has 8 lakh 72 thousand 804 immovable properties registered. Whereas, the number of movable properties is 16 thousand 716.

Where did Waqf start

According to the Ministry of Minority Affairs, the history of waqf in India dates back to the early days of the Delhi Sultanate, when Sultan Muizuddin Sam Gaur dedicated two villages to the Jama Masjid of Multan and handed over its administration to Sheikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of waqf properties grew.

It was further pointed out that the issue of abolishing wakf in India arose in the late 19th century when a dispute over wakf property arose in the Privy Council of London while India was under colonial rule. The four judges who heard the case described wakf as 'the worst and most pernicious kind of perpetuity' and declared wakf invalid. This decision was not later accepted in India. These properties were saved by law by enacting the Muslim Wakf Validation Act of 1913. Since then no attempt has been made to curb wakf.