The Waqf (Amendment) bill 2024 : A Threat to Religious Autonomy?

The Waqf (Amendment) Bill 2024, was presented in the Lok Sabha on August 8, 2024, suggesting numerous notable modifications to the Waqf Act, 1995. Here are a few important factors:

Overview of The Waqf (Amendment) bill 2024 : The Act’s new name will be the “United Waqf Management, Empowerment, Efficiency and Development Act, 1995”.

• Establishment of Waqf: Muslims who have been practicing for a minimum of five years are the only ones eligible to establish a waqf, and they must be the owners of the property being declared. The bill eliminates the user’s ownership of waqf.

• Government-owned property that is classified as waqf will no longer maintain that classification. Ownership will be determined by the Collector if there is any doubt.

• Waqf survey: The duty of surveying waqf properties will move from Survey Commissioners to Collectors.

• Central Waqf Council: The Council will consist of non-Muslim members, as well as MPs, former judges, and distinguished individuals who are not necessarily Muslims.

• State governments will select members for the Waqf Boards, including individuals from non-Muslim backgrounds and different Muslim communities.

The objective of The Waqf (Amendment) bill 2024 amendments is to improve the governance and oversight of waqf properties in India.

What is the history of waqf in India?

The history of waqf in India dates back to the early days of Islamic rule, with a rich and extensive background. Below are a few essential highlights:

• The practice of waqf, which entails setting aside property for religious or charitable uses, dates back to the era of Prophet Muhammad. It is thought that Hadrat Umar was the pioneer in setting aside land as waqf.

• During the Delhi Sultanate period, the concept of waqf was brought to India. Sultan Muizuddin Sam Ghaor (Muhammad Ghori) assigned villages to the Jama Masjid of Multan.

• Firoz Shah Tughlaq: The period of Firoz Shah Tughlaq’s rule (1351-1388) saw a rise in the tradition of issuing waqfnamas (endowment deeds). He founded hospitals and schools that were funded by properties dedicated to waqf purposes.

• Mughal Era: During the Mughal time, waqf properties continued to see advancements. Yet, the fall of the Mughal Empire resulted in the weakening of waqf administration.

• British Dominion: The origins of waqf legislation in India can be traced back to 1810. At first, the government appointed qazis to manage waqf properties. Regulations were put in place to tackle the problems resulting from the decrease in waqf administration.

• Post-Independence: Following 1947, the Mussalman Waqf Act of 1923 remained in effect for the administration of waqf properties. 

• Introduced in 1954, the Waqf Act centralized the management of these properties. The Act underwent several amendments, notably in 1964, 1969, 1984, and 1995.

• Modern Era: The goal of The Waqf (Amendment) bill 2024, is to improve the management and oversight of waqf properties in India.

Waqf properties have been essential in backing religious, educational, and charitable initiatives across India’s past.

Voting trend of The Waqf (Amendment) bill 2024

The public is showing strong support for the Waqf (Amendment) Bill, 2024, while political parties have varying reactions.

• Public Support:
  • According to research conducted by Local Circles, 90% of citizens surveyed are in favor of the bill, with 96% in favor of compulsory registration of waqf properties with district collectors.

• Political Responses: 

• The bill has caused disagreement among Muslim organisations and opposition groups, claiming it goes against the constitution and has political motives. 
• They think it may weaken the independence of waqf organisations. Nevertheless, the government states that the bill’s goal is to enhance transparency and efficacy of Waqf Boards.

• Parliamentary Procedure:
  • The JPC on the Waqf Amendment Bill is scheduled to convene on September 18 to 20 for further deliberations on the bill.
  •  The Joint Parliamentary Committee (JPC) comprises individuals from different political parties, representing a variety of viewpoints.

What are the main amendments proposed in the bill?

The Waqf (Amendment) Bill 2024, introduces several key changes to the existing Waqf Act, 1995. Here are the main amendments proposed:

• Renaming the Act: The Act will be renamed to the “United Waqf Management, Empowerment, Efficiency and Development Act, 1995”.
• Formation of Waqf: Only individuals who have been practising Islam for at least five years can declare a waqf, and they must own the property being declared. The bill removes the concept of waqf by user.
• Government Property: Any government property identified as waqf will cease to be so. The Collector will determine ownership in case of uncertainty.
• Survey of Waqf: The responsibility for surveying waqf properties will shift from Survey Commissioners to Collectors.
• Central Waqf Council: The Council will include non-Muslim members and MPs. Former judges and eminent persons need not be Muslims.
• Waqf Boards: State governments will nominate members to the Waqf Boards, including non-Muslim members and representatives from various Muslim communities.

These amendments aim to enhance the management, transparency, and regulation of waqf properties in India.

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