Waqf (Amendment) Bill

 Waqf (Amendment) Bill, 2024: A Comprehensive Overview

The Waqf (Amendment) Bill, 2024, introduced in the Indian Parliament on August 8, 2024, aims to revise the Waqf Act of 1995, which oversees the administration of waqf properties—assets dedicated for religious, charitable, or pious causes under Islamic law. The Bill has stirred widespread discussions due to its modifications regarding waqf property management and governance.

Key Features of the Waqf (Amendment) Bill, 2024

1. Criteria for Establishing Waqf

The Bill specifies that only individuals who have practiced Islam for at least five years and legally own the property can declare it as waqf.

The concept of "waqf by user," where a property used for religious or charitable purposes over an extended period automatically becomes waqf, has been abolished.

Family waqfs, or "Waqf-alal-aulad," must ensure inheritance rights for all heirs, including women, preventing any discriminatory practices.

2. Changes in Waqf Property Survey and Administration

The responsibility for surveying waqf properties now falls under the jurisdiction of the District Collector instead of the previously designated Survey Commissioner.

Properties that are identified as government-owned will no longer be classified as waqf, with the District Collector determining ownership and ensuring official record updates.

3. Restructuring of Waqf Boards and the Central Waqf Council

State Waqf Boards must include at least two non-Muslim members while maintaining representation from Sunni, Shia, and backward-class Muslim communities.

The Central Waqf Council must also have two non-Muslim members. Additionally, it eliminates the requirement that MPs and former judges serving on the council must be Muslim.

4. Amendments to Waqf Tribunals

The three-member Waqf Tribunal will no longer require an expert in Muslim law, shifting its composition to include a sitting or retired District Court judge and a senior government officer of at least joint secretary rank.

Tribunal decisions will not be deemed final, allowing for appeals to the High Court within 90 days.

Public Reaction and Controversies

The Bill has triggered opposition and concerns from various quarters:

1. Inclusion of Non-Muslim Members in Waqf Governance

Critics argue that mandating non-Muslim representation on Waqf Boards and the Central Waqf Council interferes with the religious autonomy of Islamic institutions. They contend that decisions concerning waqf properties should be made by those familiar with Islamic laws and traditions.

2. Empowering the District Collector Over Waqf Property Surveys

Transferring survey authority to the District Collector has raised concerns about potential government overreach. Many fear that this move could lead to the misclassification of waqf properties as government-owned, undermining the independence of the Waqf Boards.

3. Removal of the "Waqf by User" Provision

Eliminating this concept raises questions about the status of properties that have long been used as waqf but lack formal waqf deeds. Critics argue that this change could impact numerous existing waqf properties, particularly those established through traditional community practices.

4. Changes in Waqf Tribunal Composition

The removal of a Muslim law expert from Waqf Tribunals has sparked concerns about fair adjudication. Many believe that legal disputes involving waqf properties require expertise in Islamic jurisprudence, which may be lacking in the restructured Tribunal.

Current Status of the Bill

As of April 2025, the Waqf (Amendment) Bill, 2024, has been passed by both houses of Parliament and is awaiting presidential approval. The Bill's passage has intensified debates about its long-term implications on waqf property management and the rights of India's Muslim community.

Conclusion

The Waqf (Amendment) Bill, 2024, introduces significant changes in the administration of waqf properties, aiming for transparency and government oversight. However, it has also ignited concerns regarding autonomy, representation, and the future of traditional waqf practices. As the Bill awaits implementation, its impact on Muslim charitable endowments and property rights remains a topic of active discussion and scrutiny.