The Waqf Amendment Bill, 2024, has ignited significant political and communal debates across India, drawing sharp divides between the ruling National Democratic Alliance (NDA) and the opposition bloc of INDIA. While the BJP-led government insists that the bill is designed to reform the management of Waqf properties, the opposition, particularly the Congress-led faction, argues that it aims to further polarize the political landscape, particularly targeting the Muslim community. In this blog, we explore what Waqf is, how the Waqf Board is constituted, and why the Waqf Amendment Bill has become such a contentious issue.
What is Waqf?
A Waqf is a perpetual, non-transferable property dedicated under Islamic law for religious, charitable, or public purposes. The donor of the Waqf, known as the Waqif, allocates assets like land, buildings, or money to be managed by a Mutawalli (trustee). This system ensures that the property’s benefits are directed toward societal good, often to fund religious and educational institutions, mosques, schools, and even public utilities like bridges and drinking fountains.
Waqf properties cannot be reclaimed by the donor, and the primary beneficiaries are public utilities rather than individuals. However, the Waqf donor’s family might also be beneficiaries, with the main goal being to serve the larger community.
How is the Waqf Board Constituted?
The Waqf Board stands as a regulatory institution that the Waqf Act, 1995 has created. It is responsible for the management, regulation, and protection of Waqf properties according to Islamic laws. The composition of the Waqf Board is crucial as it ensures that Waqf properties are administered with integrity and in alignment with their religious and charitable purposes.
Key Changes in the Waqf Amendment Bill, 2024
The Waqf Amendment Bill, 2024, brings several significant changes to the existing laws under the Waqf Act, 1995. Some of these amendments are highly controversial and have triggered political and communal debates.
1. Abolition of Waqf by the User
The 2024 amendment abolishes the provision of “Waqf by the user,” which allowed long-term use to create a Waqf. Under the new bill, only a person who has been practicing Islam for at least five years can declare a Waqf. The amendment also makes provisions regarding “Waqf-alal-aulad” (family endowment), ensuring that it does not disinherit heirs, including female heirs.
2. Replacing the Survey Commissioner with District Collectors
The Waqf Act, 1995, required a Survey Commissioner to conduct a survey of Waqf properties. The Amendment Bill proposes replacing the Survey Commissioner with the District Collector, who will now handle the preliminary survey of Waqf assets.
3. Government Property Designation
Under the new bill, any government property identified as Waqf will no longer be considered as such. If there is a dispute over ownership, the District Collector will determine the property’s ownership and submit a report to the state government.
4. Reconstitution of the Central Waqf Council
The Waqf Act, 1995, mandated that members of the Central Waqf Council must be Muslims, and it included prominent individuals such as Members of Parliament (MPs) and retired judges. However, the Waqf Amendment Bill, 2024, seeks to abolish this requirement. It allows the inclusion of non-Muslims in the Council, with at least two non-Muslim members. The changes also specify that two members must be women.
5. Changes to Waqf Board Composition
The Waqf Act, 1995, allowed the election of Muslim representatives from various political and legal bodies to the Waqf Board. The 2024 bill changes this, allowing state governments to nominate individuals from these groups, who need not be Muslims. Additionally, the new composition mandates two non-Muslim members and representation from various Muslim sects, including Shias, Sunnis, and Backward Classes. The bill also ensures that at least two members must be women.
6. Waqf Tribunal Reformation
The Waqf Tribunal, under the Waqf Act, 1995, had a composition that included an expert in Muslim law. The Waqf Amendment Bill, 2024, removes the need for an expert in Muslim law and proposes a chairman who can be a current or former District Court judge or an officer with a joint secretary rank, with no requirement for them to be Muslim. The bill also allows the tribunal’s orders to be appealed in the High Court within 90 days, reversing the previous rule that made tribunal decisions final.
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Why Has the Waqf Amendment Bill, 2024 Sparked Political and Communal Debate?
The Waqf Amendment Bill, 2024, has sparked intense debate for several reasons:
- Political Divide: The bill has become a point of contention between the BJP-led NDA government and the Congress-led opposition. The ruling government claims that the bill is a much-needed reform to streamline Waqf property management and ensure transparency. On the other hand, the opposition argues that it undermines the principles of Waqf and is aimed at furthering political polarization, especially by targeting the Muslim community.
- Communal Implications: The opposition claims that the bill disproportionately affects Muslims, as it alters the traditional structure of the Waqf Board and Central Waqf Council, replacing Muslim representation with non-Muslims. These changes, particularly the inclusion of non-Muslims, have raised concerns over the preservation of Islamic traditions in the management of Waqf properties.
- Perceived Religious and Cultural Attack: The BJP government’s supporters argue that the bill simply aims to modernize the Waqf system and make it more accountable. However, the opposition views the amendments as a cultural attack on Muslim institutions, asserting that it will lead to greater control over Islamic charitable assets by non-Muslims, thereby undermining the religious autonomy of the community.
