What is waqf? How is Waqf Board constituted? Why has Waqf Amendment Bill 2024 sparked political, communal debate?

The Waqf (Amendment) Bill, 2024, has divided the country along political and communal lines, with the ruling coalition of the NDA and the opposition block of INDIA pitched against each other. While the BJP-led Union government claims that the bill is aimed at reforming the Waqf property management, the Congress-led opposition argues that the bill is designed to further polarise the country's polity and target Muslims. 

What is Waqf?

A waqf is a perpetually held non-transferable property under Islamic law. It is generally a building, plot of land, or other assets given to a charitable endowment for religious or charitable purposes for the Muslims with no intention of reclaiming the assets. 'Waqif' or the person making such dedication appoints a 'mutawalli' or 'trustee' to manage the property in exchange for a share of the revenues it generates.

While the individual person like the founder's family can be the beneficiary,  public utilities like mosques, schools, bridges, graveyards, and drinking fountains can be the made the beneficiaries of a waqf. 

Established under the Waqf Act, a Waqf Board is a statutory body, responsible for the management, regulation, and protection of Waqf properties according to Islamic laws.

Opposition to Waqf Amendment Act 2024

The Waqf Act 1995 allows waqf to be formed by declaration, recognition based on long-term use (waqf by user), or endowment when the line of succession ends.

The Waqf Amendment Bill, 2024, abolishes the provision of waqf by the user. It says that only a person practicing Islam for at least five years may declare a waqf.  It also makes it clear that "waqf-alal-aulad" must not disinherit heirs, including female heirs. 

Survey of waqf

According to the Waqf Act, 1995, a Survey Commissioner is appointed to conduct a preliminary survey of waqf properties.  However, the Waqf Amendment Bill replaces the Survey Commissioner with the District Collector.

Government Property

The Waqf Amendment Bill says that any government property identified as waqf will cease to be so. If there is any dispute, the collector  of the area will determine ownership in case of uncertainty, and submit a report to the state government. 

Formation of Central Waqf Council

According to the Waqf Act, the Union Minister in charge of waqf is the ex-officio chairperson of the Council. Other members of the council may include Members of Parliament, persons of national eminence, retired Supreme Court or High Court judges, and eminent scholars in Muslim law.  

The Act requires that all Council members, barring the Minister, must be Muslims, and at least two must be women.  

The Bill abolishes the requirement for the MPs, former judges, and eminent persons appointed to the Council to be Muslim.  It further mandates that two members must be non-Muslims.  

Constitution of Waqf Board

The Waqf Act, 1995, has the provision of electing up to two members each from electoral colleges of a state’s Muslim, they may be MPs,  MLAs, MLCs, and Bar Council members to constitute the Board. They must be Muslims. 

The Waqf Amendment Bill, 2024, stipulates that the state government may nominate one person from each of the above groups to the Board. However, they need not be Muslims.  

The Bill further says that the Waqf Board must have two non-Muslim members, and at least one member each from Shias, Sunnis, and Backward classes of Muslims. It also says that at least two members must be women.  

Composition of Waqf Tribunal

According to the Waqf Act 1995, Waqf Tribunals constituted should have a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge (Chairman), a state officer equal to an Additional District Magistrate, and (iii) an expert in Muslim law.  

The Waqf Amendment Bill removes the expert in Muslim law from the Tribunal.  It says that the council should have a current or former District Court judge as its chairman, and a current or former officer of the rank of joint secretary to the state government. They may be non-Muslims. 

According to the Waqf Act 1995, the tribunal's decisions on any dispute are final, it can not be appealed in any court of the land. However, the High Court can consider matters on its own accord, or it can accept an application from the Board or the aggrieved party.  

The Waqf Amendment Bill, 224, says that a tribunal’s orders may be appealed in the High Court within 90 days.