What are Waqf properties?

Earlier this month, the Union Law Minister introduced a new bill that proposes major changes to the law regulating Waqf properties in India. The proposed bill, titled, Waqf (Amendment) Bill, 2024 seeks to amend the 1995 Waqf Act, renaming it to ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’, among other significant changes. 

 In this Weekly, we discuss more about the bill and the changes it proposes to bring. 

What is Waqf?

Waqf is defined as a movable or immovable property which is endowed for pious, religious or charitable purposes under Muslim law. The beneficiaries of Waqf properties are either the common public or the descendants of an individual. However, the ownership of the Waqf does not rest with anyone and is managed by the Waqf Boards in the name of God. Waqfs can be designated through a declaration or a deed, through prolonged usage or through an endowment when a person’s line of succession ends. 

 What is the existing law governing Waqf?

The Waqf Act, 1955 regulates the administration and management of all Waqf properties and establishes the governing bodies like the Central Waqf Councils and the state Waqf Boards. Waqf Boards are authorities responsible for acquiring, maintaining and transferring waqf properties. Each state has a separate waqf board. The Central Waqf Council is the  governing body which advises the Central and the State government on waqf related policies and oversees the functioning of all waqf boards. 

The recent bill proposes significant changes to some of key aspects of this act regarding the designation of the waqfs, the powers and composition of the governing bodies.

What are the proposed changes?

 The practice of designating waqfs has existed even before any practice of documenting came into being. So, the 1955 Act recognises such properties as legitimate waqfs which have been used as such for a long time. In the current Bill, formation of waqfs by long term use have been eliminated. It is now mandatory to register the waqf with the district collector’s office.

 Unlike in the earlier Act, where oral declaration of waqfs was held valid, the Bill requires the registration of a waqfnama for the property to be designated as a waqf. In case of a dispute, the decision of the District Collector will be final.

 According to the earlier act and the prevailing customs, anyone could declare a property to be a waqf as long as they believed in Islamic principles. However, the new Bill states that only a person who has practised Islam for at least five years and owns the property in question can declare a waqf.

 The Bill specifies that no government property can be declared as a waqf. If any dispute arises regarding whether an existing property is a waqf or a government property, the District Collector will have the power to settle the dispute.

 Previously, the Waqf Boards were responsible for determining the ownership and validity of any waqf property. The Bill changes this and empowers the District Collector to conduct the survey of the property in question and update its revenue records to determine its claim as a waqf.

 Waqf Council and boards have so far comprised members who follow Islam. However, the Bill introduces the provision of including two non-Muslim members and at least one woman in each governing body.

 Under the new Bill, the central government has also been given the power to make rules around the registrations of waqfs, publication of registration of waqfs and the publication of accounts of the waqf boards. This was not there in the previous Act.

What is the status of the new Bill?

 Upon introduction of the Bill,  a heated debate ensued in Parliament. Following this, the Bill has now been placed before a Joint Parliamentary Committee comprising 31 Members of Parliament to evaluate its constitutional validity. 

We will now have to wait for the decision of the committee to know what the final law will be.