Waqf Amendment Bill – The newly proposed Waqf Bill has attracted attention due to its potential impact on the administration of Waqf properties in India. This article provides a clear, unbiased overview of what Waqf is, what the amendments aim to change, and how they could influence property governance.
What Is Waqf? Understanding the Concept of Islamic Endowment in Waqf Amendment Bill.
Waqf refers to a permanent endowment in Islamic law, where a Muslim donates property—usually land or buildings—for religious, educational, or social welfare use. The asset is managed by a trustee, or Mutawalli, and cannot be sold or transferred.
Why Was a New Waqf Amendment Bill Proposed?
Waqf Amendment Bill – The government has introduced a new bill to replace the Waqf Act of 2013. The primary goal is to ensure transparency, prevent misuse of Waqf properties, and strengthen legal oversight. The revised law proposes structural and procedural changes to enhance accountability.
Key Features of the New Waqf Bill
1. Greater Powers for the Waqf Board
The Waqf Board will have expanded authority to detect unauthorized sales or leases of Waqf properties. This is intended to improve financial sustainability and curb the misuse of charitable assets.
2. Inclusion of Non-Muslim Members
The bill allows non-Muslim individuals to be part of the Waqf Board, limited strictly to administrative roles concerning charity. They will not participate in any religious decision-making.
3. Eligibility for Declaring Waqf Property
Only Muslims who have actively practiced the faith for at least five years can dedicate property as Waqf. All declarations must be verified by the local district collector to confirm legitimacy.
District Collector’s Role in Waqf Land Disputes in the new Waqf Amendment Bill
The district collector will now play a central role in resolving disputes over Waqf land ownership. This includes determining if land in question is government-owned, aligning the process with state revenue laws. Surveys previously conducted by special commissioners will now fall under the collector’s authority.
Government Property and Waqf Classification
According to the new bill, government-owned land that was incorrectly identified as Waqf will no longer hold that designation. The collector must verify such cases, and if confirmed, revenue records will be corrected.
Private Property Protections Under the New Bill
The law emphasizes that property cannot become Waqf by declaration alone. Proper documentation and ownership are mandatory. This aims to prevent the Waqf Board from making unsupported claims on private land.
Legal Recourse and High Court Appeals
The revised bill introduces more accessible legal pathways for challenging Waqf Tribunal decisions. Affected parties can now file appeals with the High Court within 90 days, easing earlier restrictions.
Expanded Role of the Central Government
The central government will oversee the creation of rules for Waqf property registration, financial audits, and record-keeping. These audits may be conducted by the Comptroller and Auditor General (CAG) or another appointed authority.
Conclusion: Balancing Governance and Religious Autonomy
While the new Waqf Bill introduces several administrative changes aimed at improving transparency and property management, it has also prompted debate regarding its broader impact. As the legislative process unfolds, its long-term implications for community trust and legal clarity will become clearer.
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