The central government is preparing to make major amendments in the Waqf Board Act. The government is going to bring two bills related to Waqf in Parliament. A copy of the government bill regarding these reforms has been released. Know what will be special in the bills that the government is going to bring?
Through the first bill, the Muslim Waqf Act 1923 will be abolished, while through the second bill, important amendments will be made in the Waqf Act 1995.
The Central Government is going to make 44 amendments through the Waqf Board Act Amendment Bill 2024. The government has said that the purpose of bringing this bill is better management and operation of Waqf properties. In this, Section 40 of the Waqf Act 1995 is being removed, under which the Waqf Board had the right to declare any property as Waqf property.
At the same time, the name of Waqf Act 1995 will be changed to Integrated Waqf Management, Empowerment, Efficiency and Development Act, 1995. There will be proper representation of Muslims and non-Muslims in the Central Waqf Council and State Waqf Board. Other Backward Classes in Muslim communities; Shia, Sunni, Bohra, Agakhani will be represented.
Along with this, women will be given proper representation. It will be mandatory to have two women in the Central Council and the State Waqf Board. The method of registration of Waqf will have to be streamlined through a central portal and database. Along with this, the tribunal structure will have to be reformed with two members. At the same time, a period of ninety days has been fixed for appeal in the High Court against the orders of the Tribunal. The authority of the Survey Commissioner to survey the Waqf properties will be vested in the Collector or the Deputy Collector nominated by the Collector.
Separate board for Bohra and Aghakhanis
Provision has been made for the establishment of separate boards for Bohra and Aagakhanis. Before registering any property as Waqf, proper notice shall be given to all concerned.
The Waqf Council will consist of the Union Minister, three MPs, three representatives of Muslim organizations, three experts on Muslim law, two former judges of the Supreme Court or High Court, a famous lawyer, four people of national fame, additional or joint secretaries of the Government of India, etc. It will be necessary to have two women among them.
what is waqf
‘Waqf’ is derived from the Arabic word ‘Wakufa’, which means to stay. Waqf refers to properties specifically dedicated for religious or charitable purposes under Islamic law. This is a kind of charitable arrangement in Islam. Waqf is that property which is donated by followers of Islam. It can be both movable and immovable. This wealth comes under the Waqf Board. As soon as the ownership of the property in question changes, it is considered that the property has been transferred from the owner to Allah. With this it becomes irreversible.
The principle of ‘once a waqf, always a waqf’ applies here, i.e. once a property is declared a waqf, it always remains so. A Waqf Board has been constituted in each state to manage the Waqf properties.
What changes happened in 2013
In 2013, this Act was further amended to give Waqf Boards unlimited powers to take away anyone’s property, which cannot be challenged in any court. Simply put, the Waqf Board has unlimited rights to claim property in the name of Muslim charity. This simply meant that a religious body was given unlimited powers, which prevented the plaintiff from even seeking justice from the judiciary.