Waqf Are Muslim Properties - Like the Trusts of Hindu, Sikh, Christian, And Parsi Communities, the Members of Waqf Boards Should Be Muslims
By Najeeb Jung
12 August,
2024
Waqfs Have Been in
Existence for Over 1,400 Years Since the Advent of Islam. A Waqf Is a Type of
Private Property Owned by A Muslim That Is Given for A Specific Purpose—Whether
Religious, Charitable, Or for The Benefit of the Owner’s Family
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The
All India Muslim Personal Law Board held its working committee meeting on 14
July | Photo: Facebook/@AIMPLB
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The Union
Government introduced the Waqf (Amendment) Bill, 2024 in the Lok Sabha and,
after much drama, agreed to refer it to a Joint Parliamentary Committee that
will comprise MPs from all parties.
As with
most issues associated with minority communities, there have been questions
about the “intentions” of this ruling dispensation. Almost all recognised
Muslim organisations across India, including Jamaat-e-Islami Hind, Jamiat Ulama-i-Hind,
the All India Muslim Personal Law Board, Firangi Mahal, and other prominent
clerics, have protested against substantial components of this proposed Act.
It is being
said that there was a lack of consultation with stakeholders and that the Bill
is antagonistic to Muslim interests and contrary to the principles enunciated
in Articles 24-28 of the Constitution of India. Nearly the entire Opposition in
Parliament has labelled this an attempt to interfere in Muslim affairs. Some
people argue that it’s an attempt by the government to finally take over and
manage properties that have been “waqfed” by Muslims over centuries.
Waqfs have
been in existence for over 1,400 years since the advent of Islam. A Waqf is a
type of private property owned by a Muslim that is given for a specific
purpose—whether religious, charitable, or for the benefit of the owner’s
family.
A woman can
also establish a Waqf if she is the owner. Waqf is perpetual in nature and
cannot be taken back or de-waqfed, even if the original waqif desires it. A
property can be declared as Waqf either orally, in the presence of two
witnesses, or through a deed known as the Waqfnama. Since 1913, various
governments have overseen the governance of Waqfs to ensure proper and fair
management.
The last amendment
to the Waqf Act, 1995, made in 2013, prescribed imprisonment up to two years in
case of encroachments, sale, or transfer of waqf properties.
Waqf
properties in each state are managed by their respective waqf boards, which are
composed of a chairman and members nominated by the state government. These
members are typically former MPs and MLAs, clerics, and mutawallis. Needless to
say these boards are often an extension of the favours or largesse distributed
by the government. Their merits, qualifications, and integrity are never
central to their appointments. Unfortunately, this is our system. Disputes
related to waqfs are heard by a tribunal established by the state government,
which is headed by a judge from the state judiciary and includes two members
who are usually from the state civil service.
Here lies
the nub of the problem. This is why everyone, Muslims more so, complains about
the rampant corruption, red tape, and inefficiency of these Waqf boards. People
report mismanagement, exploitation, and dispensation of favours.
Numerous
properties are Waqf-Alal-Aulad, where
benefits are supposed to go to the beneficiaries named in the Waqfnama. In case
of disputes among beneficiaries, matters often drag on for years, ruining poor
families while they wait for resolution. Therefore, there is no doubt that the
selection process for Waqf boards, the qualifications of its members, and their
working must be looked at. Since each board has its own procedures, a
comprehensive examination and reform of these systems across all states are
necessary.
Having said
this, I believe this cannot happen because every government feeds on this milch
cow to accommodate disgruntled but powerful supporters. The allure of the
valuable assets—the cream—in possession of the Waqf boards is appealing to
everyone.
Offering A Facade of Reform
To hide
behind the issue of mismanagement of Waqf boards to suggest holistic amendments
without extensive consultations has seeds of widespread disagreement. There is
already great distrust among minorities regarding government actions over the
past decade. Under the façade of ending “appeasement”, the current dispensation
finds the term “affirmative action” abhorrent.
Minorities,
particularly Muslims and Christians, have been under strain and considerable
concern due to the Citizenship Amendment Act (CAA), the much dreaded National
Register of Citizens (NRC), or repeated unlawful demolitions of minority-owned
houses and properties sanctioned by the government. Rather than taking steps to
ameliorate concerns, if the government endeavours to change Acts that have been
systematised over centuries, suspicion regarding its intent is bound to arise.
Such
proposed amendments must come after wider consultations with stakeholders.
Vague statements from all sides are not just disingenuous but create confusion
in minds when people do not know the law. However, by and large, Muslims should
have no problems with many proposed amendments.
The
inclusion of Shias, Bohras, and Aghakhanis should hold no problems for anyone.
One wonders, however, whether the Shia community has been duly consulted about
separate Waqf boards, which already exist.
The Bohra
community, a small, well-to-do, well-educated, and religious group that
strictly follows the Sayedna, their spiritual leader, who holds a unique
status. How amenable would they be to be lumped with Sunnis and Shias, who are
large in number and also politically more active?
The Bill
intends to replace government-appointed surveyors of land purportedly
designated as Waqf with district magistrates. This is a retrograde proposal.
Collectors already carry an extremely heavy burden of work, including court
work – both original cases and appeals – along with district administration
responsibilities such as law and order, development work, public grievances,
handling VIPs, elections, and census work. The current surveyors, appointed by
the government, could well be experienced state government officers.
The Bill
proposes including women in Waqf boards and granting them rights to inheritance
in Waqf properties. The fact is that there is no bar on women’s participation
in Waqf matters. They inherit all benefits allowed under Islamic law and there
are numerous examples of women serving as Mutawallis or heading Waqfs as a ‘Karta’, a term easily understood by
non-Muslims.
This
amendment stems from the widespread belief that Muslim women are often
ill-treated and denied rights. I would advise readers of this article to google
Prophet Muhammad’s last sermon, where he spells out men’s and societies’ duties
toward women. Therefore, this amendment should be welcome because it will only
solidify the existing rights and status of women.
The Bill
also proposes creating a central database and making details of each waqf in
India available on a portal within six months. While the idea of a database is
most welcome, the task of cataloging the lakhs of registered waqfs across
India’s villages, towns, and metros would likely take several years.
The Role of Government
It is also
incorrect for the government to propose including non-Muslims as members of Waqf
boards. Waqfs are Muslim properties, and just as Hindu, Sikh, Christian, and
Parsi trusts are managed by members of their respective communities, the
membership of waqf boards should be composed of Muslims.
The
government’s role should be to ensure proper functioning of these boards
through improved administrative mechanisms and careful vetting of members.
In times of
increased political polarisation around the world, as indeed in India, there
are sensitivities of minority groups that the government must keep in mind.
This must happen irrespective of the political ideology in power because we
become vulnerable when institutions are used as an instrument to suit political
ends.
Acts like
proposing such a Bill reduce democracy to shades of majoritarianism and
normalise a culture of revenge and retribution. It is incumbent on governments
to reconcile socio political differences so that societies can grow on shared
values and reduce areas of differences.
India must
go back to Gandhian principles of peace, love, and reconciliation rather than
enacting legislation that adversely impacts the morale of various groups. In
this regard, it is very important to note that the media – both traditional and
social – should serve as platforms for debate and ideas that promote harmony, rather
than become vehicles of polarisation and an extension of echo chambers.
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Najeeb Jung is a former civil servant and former Lieutenant Governor of
Delhi. Amogh Dev Rai is Research Director, Advance Studies Institute of Asia
(ASIA). Views are personal.
(Edited by
Aamaan Alam Khan)
Source:
Govt Intent To ‘Reform’ Waqf Is Suspicious. Consult Muslims First
URL: https://www.newageislam.com/islam-politics/waqf-muslim-trusts-hindu-sikh-christian-parsi-/d/132934
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