The Budget Session of Parliament, resuming today, is set to address several significant bills, including proposed amendments to the Waqf Act. These amendments aim to enhance accountability and transparency in the functioning of Waqf Boards and ensure the inclusion of women in these bodies. This legislative move is in response to demands from the Muslim community for better governance and representation.
Understanding Waqf and the Waqf Board
A Waqf refers to a property dedicated to God for religious and charitable purposes, such as mosques, dargahs, graveyards, shelter homes, and educational institutes. This property, donated permanently by a Muslim individual or, in some cases, a non-Muslim professing Islam, serves purposes recognized by Muslim law as pious, religious, or charitable.
The Waqf Act of 1995 was enacted to regulate ‘auqaf’—assets donated and recognized as Waqf by a ‘wakif,’ the person dedicating the property. This Act was later amended in 2013 by the UPA government to address emerging needs and challenges.
Properties can become Waqf through a donation deed or if used for religious or charitable purposes. A survey commissioner conducts a local investigation, summoning witnesses and public documents, and declares properties as Waqf under the Act.
Functions and Powers of Waqf Boards
Waqf Boards, legally authorized to acquire and hold property, also have the power to transfer such properties. Each state can establish a Waqf Board headed by a chairperson, with members including nominees from the state government, Muslim MLAs and MPs, Muslim members of the state Bar Council, recognized Islamic scholars, and mutawalis of Waqfs with an annual income of Rs 1 lakh or more.
These Boards administer properties, recover lost properties, and sanction the transfer of immovable Waqf properties through sale, gift, mortgage, or lease.
Proposed Amendments and Their Impact
The proposed amendments to the Waqf Act aim to bring more transparency and accountability to the functioning of Waqf Boards. One significant change is the inclusion of women in these bodies, addressing long-standing demands for better representation and gender equity in Waqf administration.
These amendments are expected to strengthen the governance framework of Waqf properties, ensuring they serve their intended religious and charitable purposes more effectively. Enhanced transparency measures will likely lead to better management and utilization of Waqf assets, benefiting the community at large.
Community Response
The amendments have been welcomed by various sections of the Muslim community, who see them as a step towards more inclusive and accountable Waqf management. The inclusion of women is particularly viewed as a progressive move, aligning with broader societal goals of gender equality.