What is Waqf Act? Why is politics around it? EXPLAINED
Whenever a government or court attempts to bring in legal reform in subjects related to Muslims, a section of politicians or parties always go against and politicise it for vote-bank politics. From the Shah Bano case to the Triple Talak bill, they opposed the initiatives.
There is a strong buzz that the government may bring a bill in Parliament to amend the 1995 law governing Waqf boards to ensure more accountability and transparency in their functioning and mandatory inclusion of women in these bodies. Sources claimed that the move comes in the backdrop of demands from within the Muslim community. The amendment bill will make it mandatory for Waqf boards to register their properties with district collectors to ensure their actual valuation.
The sources said that there are 30 Waqf boards in the country which take care of properties worth of crores and the revenue generated by all Waqf properties is estimated at Rs 200 crore per annum. They asserted there is a huge irregularity within the boards.
What is Waqf Board?
"Waqf Boards are the organisation established in every state under the Waqf Act 1995, for the management of Waqf properties in that State/UT. The Waqf Board deals with the religious, social and economic life of Muslims. They are not only supporting mosques, dargah, graveyards, etc but many of them support schools, colleges, hospitals, dispensaries and musafirkhanas, which are meant for social welfare. There are 30 Waqf Boards in India, mostly their headquarters are in Delhi," a statement published on waqf.gov.in read.
What is Waqf?
According to the UP Sunni Waqf Board website, the term "Waqf" denotes an endowment which is to be used solely for the purposes recognized under Islamic Law as pious, religious or charitable. Such an endowment which usually is a property, is managed by an administrator called mutawalli. The term ‘Mutawalli’ includes, a committee of management, it read.
What is the government's stand?
Former minority affairs minister and senior BJP leader Mukhtar Abbas Naqvi said the Waqf system has to come out of the "touch-me-not" syndrome, and asserted that a "communal attack on inclusive reforms" is not right.
In a post in Hindi on X, Naqvi said, "The Waqf system will have to come out of the madness of 'touch-me-not' syndrome-politics." He also said "communal attack on inclusive reforms is not right".
Opposition to amendment in Wakf Act
Several Muslim organisations, clerics and politicians opposed the proposed amendments to the Wakf Act. The All India Muslim Personal Law Board (AIMPLB) said that any interference with the legal status and the powers of Waqf boards will not be tolerated.
AIMPLB spokesperson SQR Ilyas said the board appeals to all Muslims and their religious and Milli organisations to unite against this "malicious act of the government". The board will take all kinds of legal and democratic measures to thwart this move, he said in a statement.
Why is politics around Waqf Boards?
Members of Waqf Boards hold significant influence over voters from Muslim communities. These members are directly or indirectly connected with political parties. Congress, the Samajwadi Party, AIMIMI, TMC and other regional parties which toe the line of secularism always oppose the move to any legal reform in the subjects related to the Muslim community. The same kind of criticism emerged when the Centre brought the Triple Talaq Bill to end the discriminatory tradition against women. The AIMPLB urged allies of the ruling NDA and opposition parties to "completely reject any such move" and not allow such amendments to be passed in Parliament.
Centre wants to take away the autonomy of Waqf Boards: Owaisi
All India Majlis-E-Ittehadul Muslimeen (AIMIMI) chief Asaduddin Owaisi alleged that the BJP-led NDA government at the Centre wants to take away the autonomy of Waqf Boards. The BJP has been against Waqf boards and Waqf properties "from the beginning" and it has made attempts to finish these as per its "Hindutva agenda", he claimed.
"The All India Muslim Personal Law Board deems it necessary to make it clear that any change in the Wakf Act, 2013 which alters the nature of Waqf properties or makes it easier for the government or any individual to usurp the same will not be acceptable," Ilyas said.
Who owns Waqf properties?
According to AIMPLB, Waqf properties are donations made by Muslim philanthropists dedicated to religious and charitable purposes, and the government has only enacted the Wakf Act to regulate them.
Shariat Application Act, 1937 protects Waqf boards
The Wakf Act and Waqf properties are protected by the Constitution of India and the Shariat Application Act, 1937. Therefore, the government cannot make any amendment that would change and alter the nature and status of these properties, AIMPLB claimed.
Timeline based on UP Sunni Waqf Board website:
- 1913: Since the year 1913 various Acts relating to the auqaf were passed by the Central and State legislators.
- 1923: During the British era, auqaf in UP was governed by the UP Muslim Waqf Act, 1923 (XLII of 1923).
- 1936: The State of UP enacted UP Muslim Waqf Act, 1936.
- 1942: Under this, UP Sunni Central Waqf Board was constituted for the governance, administration and supervision of auqaf in the State in 1942.
- 1960: UP Muslim Waqf Act, 1936 was repealed and a new comprehensive UP Muslim Waqf Act, 1960 was enacted.
- 1995: The Central government brought a Waqf Act, 1995 which was implemented in the State of UP in 1996 and this Act was further amended in the year 2013. The objective was to bring about uniformity in the administration of the auqaf throughout the country.