The Waqf (Amendment) Bill, 2024 introduces significant changes to how waqfs—religious endowments under Islamic law—are managed and regulated in India. Here’s a breakdown of the major modifications:
1. Formation of Waqf:
The original Act allowed waqf to be formed through declaration, recognition based on long-term use (waqf by user), or endowment when the line of succession ends (waqf-alal-aulad). The new Bill mandates that only individuals practicing Islam for at least five years may declare a waqf, clarifying that they must own the property in question. Importantly, the Bill eliminates the concept of waqf by user and ensures that creating a waqf-alal-aulad cannot deny inheritance rights, particularly for women heirs.
2. Government Property as Waqf:
Under this Bill, any government property mistakenly identified as waqf will be re-designated as government-owned. The local Collector is empowered to investigate such cases and update revenue records accordingly, ensuring that state property is not miscategorized.
3. Determining Waqf Property:
The Waqf Board previously had the authority to determine if a property was waqf, but the Amendment removes this power, aiming to decentralize property determination processes.
4. Survey of Waqf Properties:
Instead of appointing a Survey Commissioner, the Bill assigns the responsibility of surveying waqf properties to Collectors, in alignment with state revenue laws. Ongoing surveys will follow the procedures outlined by state legislation.
5. Changes to the Central Waqf Council:
The Act constituted an all-Muslim Central Waqf Council, which includes at least two women. The Amendment, however, mandates that two members be non-Muslim, and the inclusion of MPs, former judges, or eminent persons need not be restricted to Muslims. Muslim representation is still required for certain roles, including representatives of Muslim organizations and scholars in Islamic law.
6. Waqf Boards Composition:
State Waqf Boards, which were previously elected, now have members nominated by the state government. The Bill also calls for greater diversity on these Boards by mandating the inclusion of two non-Muslim members, as well as ensuring representation from Shia, Sunni, and Backward Classes of Muslims. If present in the state, Bohra and Agakhani communities must also be represented. Notably, the Bill insists that two Muslim members be women.
7. Tribunal Composition:
The Amendment reshapes the composition of tribunals responsible for handling waqf disputes. It removes the requirement of a member knowledgeable in Muslim law, replacing this individual with a joint secretary-level officer. Additionally, a current or former District Court judge will chair the tribunal.
8. Appeals on Tribunal Orders:
Previously, tribunal decisions were final with no provision for appeals. The Amendment allows appeals to the High Court within 90 days of a tribunal’s order, opening up a new avenue for legal recourse.
9. Central Government Oversight:
The Bill enhances the powers of the central government in regulating waqfs. New rules can be made regarding waqf registration and the publication of accounts and proceedings. The central government is also authorized to audit waqf accounts through the Comptroller and Auditor General (CAG) or a designated officer.
10. Separate Waqf Boards for Bohra and Agakhani Communities:
While the existing law permits separate waqf boards for Sunni and Shia sects if Shia waqfs constitute over 15% of waqf properties, the Amendment extends this provision to include the Bohra and Agakhani communities.
Implications:
The Waqf (Amendment) Bill, 2024 aims to introduce more transparency and government oversight into waqf management while ensuring better representation and inclusivity, especially for women and non-Muslims. However, the removal of certain powers from the Waqf Board and shifting responsibilities to state officials may centralize control, potentially leading to disputes over religious autonomy. Moreover, the emphasis on ensuring women’s inheritance rights within waqf-alal-aulad highlights a progressive shift towards gender equality in Islamic endowments.
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