Uploaded on December 21, 2024

Viewpoint

Awqaf, Its History, Present Situation and the Proposed Waqf (Amendment) Bill

Dr. Mohammad Manzoor Alam

Awqaf have always remained an integral part of Islamic history, which aimed at improving economic and educational condition of the Muslims and provide them support in the welfare work and promotes prosperity. The waqf system is in operation since the time of the Holy Prophet SAW and it was through this medium that the welfare and development works were carried out. Awqaf constitute a collective asset of the Muslims, which have assisted different communities and societies in the promotion of their social and educational undertakings. The concept of Waqf is in vogue ever since the time of the Prophet SAW. The waqf introduced by Caliph Umar RA is a famous institution through which the land of Khyber was converted into a waqf property, so that the profit accruing from it could be used for the welfare works of the community. From the time of the Pious Caliphate up to the later Islamic periods, waqf properties were used for the   establishment of educational institutions, mosques, orphanages and hospitals. 

In India, the system of awqaf is in place since the Mughal time and the country boasts of a huge number of waqf properties. According to an estimate, after Indian Armed forces and railways, the waqf properties are the largest, which are owned by the Muslims and government shall have no locus standi in this matter. Waqf properties are valuable assets for the development and welfare for the Muslims which are used to establish educational institutions, mosques, hospitals and to run other welfare institutions. In India, governments have made, at different times, some principles and laws to ensure better use of waqf properties, so that such properties could be used for better organised and effective use for Indian Muslims. In 2013, at my initiative and efforts, Janab K Rahman Khan, the then Minister for Minority Affairs, introduced some amendments which were approved. The aim was to improve the functioning of the Waqf Boards, so that the waqf properties could be used properly and the resources generated by them could be effectively used for the welfare of Indian Muslims. After this 2013 Amendment, the functioning of the Waqf Boards improved and transparency and accountability appeared in the administration of waqf properties. By these amendments, it became possible to protect the waqf properties from encroachment and to make effective use for the general welfare of the people. However, there are serious reservations about the proposed new Bill that the BJP government has, in recent times brought forth a new The Waqf (Amendment) Bill 2024 in connection with the waqf properties. The proposed Bill contradicts the real objective of awqaf and is opposed to the interests of Indian Muslims. In the proposed Bill there are several defects which can hinder the right use of waqf properties and pose a risk of subjecting these properties to non-welfare purposes. Furthermore, the Bill includes clauses which seek to bring waqf properties under the government occupation, or aims to bring them under government control. These are Muslim properties and the right to use them for the welfare works rests with the Muslims. Government interference in this matter is not only unconstitutional; government interference, is on the other hand is opposed to the Islamic objective of the waqf institution. There are several shortcomings in the proposed Bill which can harm the waqf system:

1. Government Interference: Increasing government interference in the waqf administration may end the autonomy of awqaf institution.

2. Risk of occupation: The proposed Bill is conferring on government the legal right to occupy waqf properties, which may lead to using a waqf property for non-welfare work.

3. End of the independence of the Waqf Boards: The proposed Bill may adversely impact upon the autonomy of the Waqf Boards and deprive them of their authority to take decisions independently which will destroy the main purpose of these boards.

4. Unrest among the Muslims: The Bill is causing unrest and anxiety among Indian Muslims; they fear that their valuable properties might pass illegally into the coffers of the government.

In view of such concerns of Indian Muslims, it is extremely necessary that the proposed Bill must be reviewed once again keeping   in mind the interests of Indian Muslims and the real motive of the waqf institution. Waqf properties constitute an important vehicle for the development work and welfare, and it is our obligation to protect them. The government is urged upon to remove the defects present in the Bill and also to undertake measures to improve the waqf system. Muslims should also acquaint themselves with the state of  waqf properties and should also strive collectively to utilise them in a better way, so that the waqf properties are employed for the real goal of welfare.

In this context, All India Milli Council is quite active and awareness campaign has been launched across the country. A delegation of All India Milli Council met the Mr. Jagdambika Pal, Chairman of the Joint Parliamentary Committee (JPC), and a memorandum has been submitted to Mr. Pal making him aware of several defects present in the proposed Bill. He was informed that the proposed Bill is contrary to the motives of the waqf and therefore it should be turned down. Institute of Objective Studies too has submitted suggestion to the JPC. Muslims have also shown their heart-felt concerns and the community awareness over the matter by sending, on the appeal of the All India Milli Council and other such organisations, wherein about 50 million emails to the JPC have been submitted. All these measures point out that Muslims are completely opposed to this Bill.

(The writer is General Secretary, All India Milli Council)