Brief Context
Waqf (Amendment) Bill 2025, now renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, has been passed in the Lok Sabha.
Source Content
Syllabus: GS2/Governance
Context
- Waqf (Amendment) Bill 2025, now renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, has been passed in the Lok Sabha.
- Mussalman Wakf (Repeal) Bill 2024 also approved, repealing the Mussalman Wakf Act, 1923.
Background
- Two Bills Introduced in 2024:
- Waqf (Amendment) Bill, 2024.
- Mussalman Wakf (Repeal) Bill, 2024.
- Objective of Waqf (Amendment) Bill, 2025:
- Amend the Waqf Act, 1995 to address challenges in managing Waqf properties.
- Improve administration and efficiency of Waqf boards.
- Objective of Mussalman Wakf (Repeal) Bill, 2024:
- Repeal the Mussalman Wakf Act, 1923, an outdated colonial-era law.
- Ensure uniformity, transparency, and accountability in Waqf property management under the Waqf Act, 1995.
- Eliminate inconsistencies and ambiguities created by the continued existence of the old law.
Meaning of ‘Waqf’:
- Refers to properties dedicated solely for religious or charitable purposes under Islamic law.
- Sale or other use of the property is prohibited.
- The ownership of the property is transferred from the person making the Waqf (called waqif) to Allah, making it irrevocable.
- The creator is a wakif, and the property is managed by a mutawalli.
Origin of the Concept of ‘Waqf’:
- Traces back to the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated villages to the Jama Masjid of Multan.
- Waqf properties grew with the rise of Islamic dynasties in India.
- The Mussalman Waqf Validating Act of 1913 protected the institution of Waqf in India.
Constitutional Framework and Governance:
- Charitable and religious institutions are under the Concurrent List of the Constitution, allowing both Parliament and State Legislatures to frame laws on it.
- Waqf Governance: Currently governed by the Waqf Act, 1995, replacing earlier laws from 1913, 1923, and 1954.
- Creation of Waqf: Can be created via:
- Declaration (oral or written deed).
- Long-term use of land for religious or charitable purposes.
- Endowment upon the end of a line of succession.
- States with the highest share of Waqf properties: Uttar Pradesh (27%), West Bengal (9%), Punjab (9%).
- Evolution of Waqf Laws:
- 1913 Act: Validated Waqf deeds.
- 1923 Act: Made registration of Waqf properties mandatory.
- 1954: Established Central Waqf Council and State Waqf Boards for better management.
- 1995 Act: Introduced Tribunals for dispute resolution and added elected members and Islamic scholars to Waqf Boards.
Key Amendments
- Composition of the Central Waqf Council: The Union Minister in-charge of waqf is the ex-officio chairperson.
- Council members include:
- Members of Parliament (MPs).
- Persons of national eminence.
- Retired Supreme Court/High Court judges.
- Eminent scholars in Muslim law.
- The Bill removes the Muslim requirement for MPs, former judges, and eminent persons.
- The Bill mandates two non-Muslim members in the Council.
- Composition of Waqf Boards:
- Empowers state governments to nominate one person from each group.
- Non-Muslim members required: two.
- Must include at least one member each from Shias, Sunnis, and Backward Muslim classes.
- Requires two Muslim women members.
- Composition of Tribunals:
- Removes the expert in Muslim law.
- District Court judge (Chairman).
- Joint Secretary rank officer.
- Appeals Against Tribunal Orders:
- Act: Decisions of Tribunals are final, with no appeals allowed in courts.
- Bill: Allows appeals against Tribunal decisions to the High Court within 90 days.
- Survey of Properties: The Bill replaces the Survey Commissioner with the District Collector or other senior officers to oversee the survey of Waqf properties.
- Government property as waqf: The Bill states that any government property identified as waqf will cease to be so.
- The Collector of the area will determine ownership in case of uncertainty, if deemed a government property, he will update the revenue records.
- Audits: Waqf institutions earning over ₹1 lakh will undergo audits by state-sponsored auditors.
- Centralized Portal: A centralized portal will be created for automating Waqf property management, enhancing efficiency and transparency.
- Property Dedication: Practicing Muslims (for at least five years) can dedicate property to the Waqf, restoring pre-2013 rules.
- Women’s Inheritance: Women must receive inheritance before the Waqf declaration, with special provisions for widows, divorced women, and orphans.
Need for the bill
- The new Bill mandates a unified digital listing of Waqf properties to reduce litigation and ensure transparency.
- The bill ensures gender justice by mandating women’s inclusion in Waqf Boards.
Concerns
- Non-Muslim Members in Waqf Boards: The Bill mandates the inclusion of non-Muslim members in State Waqf Boards and the Central Waqf Council.
- This could lead to these bodies being majorly composed of non-Muslims, whereas similar boards for Hindu and Sikh endowments primarily consist of members from those religions.
- Impact on Waqf Tribunals: Removal of experts in Muslim law from Waqf Tribunals may affect the redressal of waqf-related disputes.
- Creation of Waqf: The Bill limits the creation of Waqf to people who have been practicing Islam for at least five years.
- The rationale behind this five-year criterion is unclear and creates a distinction between those who practice Islam for less than five years and those who have done so for more than five years.
Conclusion
- The Bill marks a significant step towards reforming the management of Waqf properties in India.
- The proposed reforms not only ensure better governance and accountability but also foster a more inclusive approach, benefiting all communities involved.
Source: AIR