Waqf Properties: Biggest ‘Undiscussed’ Scam In India
By
Grace Mubashir, New Age Islam
27 January
2024
Waqf Properties Are Becoming Fiefdoms Of Elites
Of The Muslim Community As The Huge Properties Are Not Used In Optimal Strength
-----
Main
Points:
1.
India, with its significant Muslim population
of over 172 million, possesses thousands of Waqf properties
2.
The primary objectives are to preserve the
property and maximize revenues for the recipients
3.
Waqf land, dedicated in the name of Allah, has
been unlawfully transferred or leased out for personal gain, often involving
collusion among politicians, police, bureaucrats, and land mafias
4.
One notable initiative is the Waqf Management
System of India (WAMSI) Portal introduced by the minority affairs ministry,
aimed at digitizing data of Waqf properties
------
The term
"Waqf" originates from the Arabic verb "waqafa,"
which means "to detain," "to hold," or "to tie
up." In legal terms, it refers to the protection of a property from
becoming the possession of a third party. It entails the permanent dedication
by a Muslim of beneficial property to the possession of Allah SWT. The manager,
known as the mutawalli, is responsible for governing the Waqf properties
in the best interest of the beneficiaries, as determined by the Waqf
founder.
The primary
objectives are to preserve the property and maximize revenues for the
recipients. These revenues are utilized for the benefit of society, including
social, spiritual, and economic purposes, such as supporting the poor, mosques,
schools, graveyards, orphans, widows, and the elderly. The list of beneficiaries
is extensive, determined by the donor's discretion for Sharia-compliant
purposes.
India, with
its significant Muslim population of over 172 million, possesses thousands of Waqf
properties. Historically, Waqf properties in India were managed individually
by appointed Mutawallis and overseen by Qazis according to Sharia law
during the Mughal regime. However, with the decline of the Mughal Empire and
the onset of British rule, significant changes occurred in governance methods.
As a result, the institution of Waqf underwent substantial
transformations, losing its special status and judicial supervision.
Issues
and Challenges of State Waqf Boards
In India,
there are 32 Waqf boards responsible for the common supervision of their
respective Auqaf in their States/Union Territories. However, the
relationship between Waqf boards and corruption in India is deeply
intertwined. There has been a longstanding issue of systematic corruption,
involving the mismanagement and exploitation of Waqf land meant for the
welfare of society, including orphans, widows, and educational and charitable
purposes.
Waqf land, dedicated in the name of
Allah, has been unlawfully transferred or leased out for personal gain, often
involving collusion among politicians, police, bureaucrats, and land mafias.
Despite regulations prohibiting the sale or change of use of Waqf land,
corrupt practices persist, with valuable properties leased out at nominal rates
to individuals or entities connected to those in power.
Examples of
such corruption include instances like the allocation of prime land on Atta
Mount Road in Maharashtra to Mukesh Ambani for a high-rise apartment complex
and the leasing of the Windsor Manor Hotel in Bangalore for a fraction of its
true value. The Sachar Committee Report highlighted the urgent need for a
comprehensive overhaul of the Waqf Board system, as many states lack
qualified CEOs to manage these institutions effectively.
Numerous
challenges plague Waqf boards in fulfilling their duties, including
inadequate governance structures, lack of transparency, and the absence of
qualified personnel. Addressing these issues requires concerted efforts to
strengthen accountability, improve governance practices, and combat corruption
within Waqf boards to ensure that Waqf properties fulfil their
intended purpose of serving the welfare of society.
Encroachment
Waqf properties across the country,
especially in North India, particularly in Punjab, Haryana, and Delhi, have
been subjected to extensive encroachment, exacerbated by the partition. During
the mass migration of Muslims to Pakistan, significant properties endowed as Waqfs
were left behind, falling into the hands of custodians who often allocated them
to refugees and displaced individuals based on ownership rather than adhering
to Waqf principles.
With the
establishment of Waqf Boards under the Waqf Act of 1954 and
subsequent surveys, it was revealed that a large number of Waqf
properties were unlawfully occupied. Efforts were made to reclaim these
properties through legal processes, but many suits were time-barred. To address
this, the Public Waqfs (Extension of Limitation) Act of 1959 was
enacted, extending the deadline for filing suits to recover unlawfully occupied
Waqf properties. Despite some properties being recovered through this
process, litigation proved to be expensive and often drained the resources of
the endowed property.
Muslim
communities have advocated for extending the provisions of the Public Premises
(Eviction of Unauthorized Occupation) Act of 1958 to Waqf properties to
streamline eviction processes. However, this extension has not been
implemented, causing further challenges in reclaiming encroached Waqf
properties.
The
effectiveness of Waqf legislation in salvaging properties is hindered by
various factors, including the lack of enforcement will among law
implementation agencies and insufficient staffing and funds. Sections 51 to 56
of the Waqf Act of 1995 address critical issues such as the prevention
of alienation, recovery of Waqf properties, prohibition on purchase,
removal of encroachments, and leasing restrictions. Section 54, which empowers
the Chief Executive Officer (CEO) of Waqf Boards to initiate action for
the removal of encroachments, is particularly important. However, the
implementation of these provisions depends on the commitment and resources
allocated to the Waqf Boards.
Growing Mismanagement
The
mismanagement of Waqf properties has become a pressing issue, with Waqf
boards often failing to fulfil their responsibility to safeguard these assets.
Instances
of Waqf land being sold to developers and private buyers at low rates in
exchange for illicit kickbacks have been reported, highlighting the
vulnerability of these properties to exploitation. It's estimated that over
half of Waqf properties are occupied by individuals who are not
legitimate owners, further exacerbating the problem.
Efforts to
address these issues have been marred by controversies and allegations of
corruption. Instances such as the removal of a chief executive officer of the
Maharashtra State Waqf Board for allegedly transferring Waqf land
to a private developer for non-Waqf purposes, and the Delhi Waqf
Board facing criticism over the appointment of a tainted MLA as chairman,
underscore the challenges in governance and accountability.
Despite
recommendations from committees such as the Justice Rajindar Sachar panel in
2006 calling for an overhaul of Waqf boards and stricter monitoring of
properties, little progress has been made. Plans to bring Waqf
properties under the Public Premises (Eviction of Unauthorized Occupants) Act
have also not materialized.
One notable
initiative is the Waqf Management System of India (WAMSI) Portal
introduced by the minority affairs ministry, aimed at digitizing data of Waqf
properties. While this represents a step forward in modernizing Waqf
management, more concerted efforts are needed to address the systemic
challenges and root out corruption in the management of Waqf properties.
The Way
Ahead
Protecting Waqf
properties in India requires a multi-faceted approach involving legal,
administrative, and community-based measures. Here are some steps that can be
taken to safeguard these assets:
·
Strengthen Legal Framework: Enhance existing laws related to Waqf
properties to ensure stricter regulations and penalties for illegal occupation,
encroachment, and misuse. This may involve amending the Waqf Act and
other relevant legislation to provide more teeth to enforcement agencies.
·
Effective Enforcement: Ensure effective enforcement of laws governing Waqf
properties by empowering enforcement agencies with adequate resources,
training, and authority to take action against encroachers and illegal
occupants.
·
Transparent Governance: Promote transparency and accountability in the
management of Waqf properties by implementing measures such as
digitization of records, regular audits, and public disclosure of information
related to Waqf assets and transactions.
·
Community Engagement: Involve local communities, religious leaders, and Waqf
stakeholders in the protection and management of Waqf properties.
Encourage community participation in decision-making processes and empower
local committees to oversee the upkeep of Waqf assets.
·
Capacity Building: Provide training and capacity-building programs for Waqf
board members, administrators, and staff to equip them with the necessary
skills and knowledge to effectively manage and protect Waqf properties.
·
Public Awareness: Raise awareness among the general public about the
importance of Waqf properties and the need to protect them for the
benefit of the community. Use media campaigns, workshops, and outreach programs
to educate people about Waqf laws, rights, and responsibilities.
·
Collaboration and Partnerships: Foster collaboration and partnerships
between government agencies, civil society organizations, religious institutions,
and other stakeholders to pool resources and expertise for the protection and
preservation of Waqf properties.
·
Legal Assistance: Provide legal assistance and support to Waqf
boards and community organizations to address legal challenges, file cases
against encroachers, and recover unlawfully occupied Waqf properties
through the judicial system.
By adopting
a comprehensive approach that combines legal reforms, effective governance,
community engagement, and collaboration, Waqf properties in India can be
better protected and preserved for the benefit of future generations.
-----
A regular columnist for NewAgeIslam.com, Mubashir
V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance
journalist.
URL: https://newageislam.com/islamic-society/waqf-properties-scam-india/d/131593
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism