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India's Waqf properties, under the management of Waqf Boards, are a significant component of the nation's real estate landscape, with Waqf boards controlling over 8.7 lakh properties spanning 9.4 lakh acres of land, valued at approximately ₹1.2 lakh crore. This makes Waqf Boards the third largest landowners in India, right after the Indian Railways and the Armed Forces[1][2]. In this article, we delve into the history, scale, usage, and legal challenges surrounding Waqf properties in India.
Waqf refers to the permanent dedication of movable or immovable properties for pious, religious, or charitable purposes under Islamic Law. Once a property is designated as Waqf, its ownership is transferred from the person making the Waqf to Allah, making it irrevocable. These properties are managed by a mutawalli, appointed by the waqif or a competent authority[3][5].
The concept of Waqf in India dates back to the Delhi Sultanate, with early examples including the dedication of villages to the Jama Masjid of Multan. Over the centuries, Waqf regulations have evolved through various legislative efforts, beginning with the Mussalman Waqf Validating Act, 1913, and later the Waqf Act of 1954. This was replaced by the Waqf Act of 1995, which further empowered Waqf Boards[3][5].
Each state in India has a Waqf Board, which operates as a legal entity capable of acquiring, holding, and transferring property. The Board includes nominees from the state government, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis of Waqfs with an annual income exceeding ₹1 lakh[4]. The Central Waqf Council, established in 1964, serves as an advisory body to the Centre on Waqf-related matters[4][5].
Waqf properties include a wide range of assets, such as:
These properties are often used for religious, educational, and charitable purposes, contributing significantly to the socio-economic fabric of Muslim communities.
Despite their substantial role, Waqf Boards face numerous legal challenges and controversies:
The Waqf Amendment Bill 2024 aims to reform the management of Waqf properties by enhancing transparency, accountability, and ensuring fair representation within Waqf Boards. Key provisions include making it mandatory for Waqf boards to register their properties with district collectors, allowing non-Muslims to hold leadership positions, and ensuring at least two non-Muslim members in each board[1][3].
However, the bill has been met with resistance from some sections of the Muslim community, who see it as interference with personal laws. The bill has been referred to a joint parliamentary committee for further scrutiny[1].
As Waqf Boards navigate through legal and administrative challenges, they hold significant potential to benefit the Muslim community and contribute to India's development. However, addressing the issues of transparency, management efficiency, and fair representation is crucial to leveraging the vast resources managed by these boards.
With ongoing debates over the Waqf Amendment Bill and efforts to modernize Waqf management, it remains to be seen how these developments will shape the future of Waqf properties in India. As the third largest landholder in the country, effective management and utilization of these properties could have a profound impact on both the community they serve and the broader socio-economic landscape of India.