Understanding Waqf Law

A possible government bill to amend the 1995 Waqf Act is under discussion. The bill aims to increase accountability and transparency in waqf boards and include women in their administration.

Understanding Waqf Board

Created under the Waqf Act 1995 in India, the Waqf Board manages the Waqf property. These properties support religious, social and educational institutions. There are 30 waqf boards across India, which look after properties worth billions of rupees and generate revenue of around Rs 200 crore annually.

What is Waqf?

In Islamic law, a waqf is a charitable endowment, usually consisting of property given for religious or charitable purposes. The administration of waqf properties is usually handled by a mutawalli, who can be an individual or a board of directors.

The government’s position

Government officials such as former minority affairs minister Mukhtar Abbas Naqvi argued for reforms to remove political barriers and make waqf management more accountable and inclusive. However, many Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), have strongly opposed the proposed changes. They argued that the change would reduce the autonomy and legal status of the Waqf Board.

Political dynamics around the Waqf Board

The Waqf Board has enormous influence within the Muslim community. In particular, various political parties that support secularism oppose reforms that are considered to violate the rights of Muslims, such as past issues like the Triple Talaq Bill.

Historical Period of Waqf Laws

Here is a brief history of the Waqf Act in India:

  • In 1913, preliminary laws relating to waqf properties were introduced.
  • The UP Muslim Waqf Act came into force in 1923 during the British rule.
  • 1936: The state of UP enacts its own Waqf Act.
  • In 1942, the UP Sunni Central Waqf Board was formed.
  • In 1960, the UP Muslim Wakf Act replaced the earlier Acts.

The Central Waqf Act was introduced in 1995 for uniform administration, further amended in 2013.

Government efforts to reform the Waqf Board are complex and have drawn both support and significant opposition, focusing on issues of accountability, representation, and religious sensitivity within the Muslim community.

Source

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