The Waqf Board is believed to be the third-largest landholder in the country, after the Indian Armed Forces and Indian Railways, reportedly controlling over 8.5 lakh pieces of properties across India.
Published Nov 01, 2024 | 3:00 PM ⚊ Updated Nov 01, 2024 | 3:00 PM
Representational image of an Islamic structure. (AI generated)
The Waqf property dispute in Vijayapura ignited a heated debate in Karnataka, with the Opposition BJP accusing the Siddaramaiah-led Congress government of helping the state waqf board acquire farmers’ land.
Although Siddaramaiah and his Cabinet ministers, including Minister for Law and Parliamentary Affairs HK Patil, clarified that the notices issued to farmers would be withdrawn at the earliest, the BJP continues to voice strong opposition to the Waqf Board’s actions.
The Waqf Board is believed to be the third-largest landholder in the country, after the Indian Armed Forces and Indian Railways, reportedly controlling over 8.5 lakh pieces of properties across India.
Amid the controversy, Minister for Waqf and Housing BZ Zameer Ahmed Khan stated that the Waqf Board once owned over 1.12 lakh acres in Karnataka but it is currently left with only 23,000 acres.
The Waqf Board is a vital statutory body in India, established under the Waqf Act of 1995, to regulate and manage properties related to mosques and other Islamic institutions across the country.
These properties are dedicated by individuals for religious or charitable purposes in the Islamic community, with their income meant to support activities such as education, healthcare, and community welfare.
Each state in India has its own Waqf Board, ensuring the effective governance of the properties within its jurisdiction. The Central Waqf Council coordinates efforts on a national scale, maintaining consistency and oversight.
The Waqf Board is tasked with maintaining comprehensive records of waqf properties, which include details of their origin, income, and the beneficiaries they are intended to support. It ensures that the income generated is used appropriately for the specified purposes, preventing any misuse of resources.
Additionally, the Waqf Board appoints or removes Mutawallis, who are the designated managers of its properties. It is responsible for scrutinising the budgets submitted by Mutawallis, arranging audits, and maintaining accountability for the financial administration of these properties.
To prevent and address potential mismanagement, the Waqf Board has been granted significant authority under the law. It can take over the administration of waqf properties if mismanagement is detected and can initiate legal proceedings to protect these endowments.
The board has the power to issue directives and ensure that all actions comply with the provisions of the Waqf Act.
A key function of the Waqf Board is to enforce financial transparency. It requires the regular maintenance of accounts for all waqf properties and mandates the submission of annual reports on their management. This ensures responsible stewardship of resources and helps prevent fraud or misappropriation.
Beyond its administrative duties, the Waqf Board plays a critical role in engaging with the Muslim community. It addresses grievances, resolves disputes related to waqf properties, and ensures that these endowments fulfil their intended religious and charitable purposes. Through its work, the Waqf Board contributes significantly to social welfare and supports religious activities within the community.
In essence, the Waqf Board acts as a guardian of waqf assets, ensuring that these properties are used to uplift the community and promote welfare, in line with the original intentions of their benefactors.
Waqf properties, as defined under the Waqf Act of 1995, are assets that have been permanently dedicated to religious, charitable, or pious purposes under Shariah (Islamic) Law.
These properties play a vital role in the social, religious, and communal welfare of Muslim communities across India, serving as a means to uphold Islamic values through acts of philanthropy.
The Waqf Act provides a legal framework that governs the administration, protection, and management of these properties, ensuring their continued commitment to the community’s well-being.
At the core of the concept of waqf is the idea of “permanent dedication.” Once an individual, either a Muslim or non-Muslim, dedicates a property – whether movable or immovable – for religious, charitable, or pious purposes, it becomes a waqf. It means that the property is no longer the personal asset of the donor but is instead dedicated to a cause aligned with Islamic principles.
The Act outlines strict prohibitions on the transfer, sale, or mortgage of waqf properties to ensure that they remain permanently in service to their designated purpose. This legal safeguard prevents the commercial exploitation or misuse of waqf properties, reinforcing the essence of the waqf as a perpetual endowment.
Waqf properties are typically associated with religious structures and institutions integral to the practice of Islam. These include mosques, where Muslims gather for prayer, and Idgahs, which are outdoor spaces used for communal prayers during special religious festivals.
Additionally, Imambaras, which are halls used for religious ceremonies, and dargahs, the shrines of revered saints, are also considered waqf properties. These structures serve as the spiritual heart of many Muslim communities, making the preservation of these waqf assets crucial to maintaining religious traditions and practices.
Beyond places of worship, the Waqf Act also identifies other important types of properties that fall under its purview. For example, Muslim graveyards, known as maqbaras, are classified as waqf properties. These burial grounds are preserved under the law, ensuring that they remain available for the community and are not subject to commercial development.
Other facilities, such as choultries (rest houses) and musafirkhanas (traveller’s lodges), also come under the waqf umbrella. These facilities provide services to the public, often at no cost or at subsidized rates, fulfilling the charitable intent behind many waqf donations.
Interesting aspect of the Waqf Act, 1995, is its inclusive approach to donations. Properties donated by individuals who do not profess Islam are also classified as waqf properties if they are intended to support religious or charitable activities recognized by Islamic law.
Non-Muslim benefactors can contribute to the sustenance and expansion of waqf institutions.
Vijayapura’s senior Muslim leader SM Patil Ganihar said the Act was introduced to centralise the operations of the Waqf boards.
“The first legislation pertaining to the Waqf Act was the Mussalman Waqf Validating Act, passed in 1913 to validate waqf deeds. Thereafter, in 1923, the Mussalman Waqf Act was passed, requiring the mandatory registration of waqf property,” Ganihar told South First.
“The Waqf Act was officially passed in Parliament when Jawaharlal Nehru was the Prime Minister in 1954. This act was primarily introduced to centralise waqfs and establish the Central Waqf Council and State Waqf Boards,” Ganihar said.
He said the Act was enacted to prevent the exploitation of properties belonging to dargahs and other Muslim institutions.
“It functions similarly to the Archaeological Survey of India, protecting heritage properties,” Ganihar added.
“After 1954, the government repealed the earlier Act and passed a new Waqf Act in 1995. This act aimed to improve the administration of waqf properties and give more power to waqf boards. It also established tribunals to arbitrate waqf-related disputes,” he pointed out.
“The next major development occurred nearly two decades later, in 2013, when the Waqf Act was amended to grant waqf boards additional powers. It explicitly prohibited the sale, gift, exchange, mortgage, or transfer of waqf property,” he added.
When asked what are Waqf properties, he said, “The waqf properties are mainly identified as those donated in the name of Allah (God), Inam land (land granted by rulers or colonial authorities as a reward, favour, or endowment), Mujawar land (land given by dargahs for use), and Shamlat Patti (land in a village owned jointly).”
“There are no other waqf properties beyond these categories. There is no provision in the law to create other types of waqf properties. Even Islam will not accept anything other than the above-mentioned categories as Waqf. Additionally, there is no provision for the Waqf Board to purchase land,” Ganihar explained.
He further noted that the Waqf Board has got the huge properties mainly through the aforementioned means.
“It receives the land/properties only through donation. The board never purchases or seek land from the government. There is over 8 lakh properties across India and just over 20,000 properties in Karnataka,” Ganihar said.
Ganihar claimed that the Waqf Board lost hundreds of thousands of acres of land after several Acts such as the land reforms Act were introduced in Karnataka.
Stating that the first survey on identity waqf properties was held eight decades ago, Ganihar said, “The first survey of waqf properties was conducted in 1964. This survey is carried out by the Deputy Commissioner, Assistant Commissioner, and other Revenue officials, not by the Waqf Board or its officials.”
“Once the survey is completed, it is submitted to the Waqf Board, which verifies the report. If there are any loopholes or errors, they are addressed and sent back to the government. The government then issues a gazette notification.”
“After the 1964 survey, a gazette notification pertaining to waqf properties was issued in 1974. It clearly listed all the waqf properties, including those encroached upon by various people, and contained minute details,” Ganihar added that this survey identified waqf properties.
“Following the 1974 gazette notification, the Waqf Board did not make much effort to verify the identified waqf properties. Meanwhile, several laws, such as the Land Reforms Act and the Land Abolition Act, were introduced, which resulted in the loss of thousands of acres of waqf properties,” Ganihar said and claimed that negligence of Waqf Board resulted in loss of thousands of acres of land in the state.
“Now, the Waqf Board is left with only a few thousand acres compared to the 1974 notification, where the total land was estimated to be over 1 lakh acres. I want to clarify that waqf properties include not just land or sites but also dargahs and khabarasthans (graveyards),” Ganihar clarified.
Meanwhile, the Waqf Board is under intense scrutiny, especially by the BJP, due to its huge land holdings and the broader implications of the Waqf Act.
Critics contend that the Waqf Act, designed to manage charitable properties, has been weaponised to unjustly seize land, undermining principles of secularism and equality.
BJP Karnataka leader and Bijapur MLA Basanagouda Patil Yatnal has been vocal in his criticism of the Waqf Board, mainly connected to large land holdings.
Yatnal argued that there was no laws similar to Waqf Act in many Muslim-dominated countries.
“More than eight lakh acres of land is under the jurisdiction of Waqf Board. This amounts to an illegal appropriation of the nation’s resources, protected by our own laws,” Yatnal said and objected the large land holdings by Waqf Board.
“It’s worth noting that the concept of Waqf does not exist in Muslim-majority countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq,” he added.
“The extraordinary powers vested upon the Waqf Board should be revoked immediately, as they essentially legitimise the unlawful occupation of land in the name of charity,” the BJP lawmaker said.
Highlighting his concerns, Yatnal pointed out: “Section 85 of the Waqf Act stipulates that if an individual cannot prove ownership of a piece of land to the Waqf Board Tribunal’s satisfaction, they will be compelled to vacate the land. The decision of the Tribunal is final, and not even the Supreme Court can overturn it.”
“Section 40 of the Waqf Act states that when the Waqf Board lays claim to a piece of land, the burden of proof rests with the land’s actual owner, not the Waqf Board.”
“Section 3 of the Waqf Act, 1995 states that if the Waqf “believes” that a piece of land belongs to a Muslim, it is deemed the property of the Waqf, and no further evidence is required,” added Yatnal.
He continued: “Once the Waqf asserts ownership of your property, you are precluded from seeking legal recourse. Instead, you are compelled to approach the Waqf Tribunal Court, which will invariably rule against you.”
“The Waqf Act was enacted to safeguard the fundamental right to practice religion, as guaranteed under Articles 25 and 26 of our Constitution. However, it must also align with Articles 14 and 15 and encompass all minority communities,” Yatnal said terming the Waqf Act as “outdated”.
“This unjust law has allowed thousands of acres of rightful property to be seized by the Waqf board. It is ironic that this law has been misused to such an extent that several state governments have established separate Waqf Ministries, further straining the resources of taxpayers in a bid to appease certain voters,” Yatnal said and appealed the Union government to revoke Waqf Act.
Yatnal had also wrote a letter to the Prime Minister, and Union Home Minister appealing them to revoke the Waqf Act.
(Edited by Muhammed Fazil.)
