A Bill aimed at amending 44 sections of the Waqf Act of 1995 is expected to be presented in the Lok Sabha on Thursday, according to top government sources. This Bill includes provisions to ensure the representation of non-Muslim individuals and Muslim women in both Central and state Waqf bodies. Additionally, another bill will also be introduced to repeal the Waqf Act of 1923.
According to reports, the overall goal is to better manage Waqf properties, which refer to land set aside, under Islamic law, for religious or charitable purposes. Moreover, copies were given to Lok Sabha members Tuesday night ahead of its introduction. The amendment will also rename the 1995 law as the Unified Waqf Management, Empowerment, Efficiency and Development Act.
According to section 40 from the existing legislation, the provision allowed the Board to classify properties; this meant it could declare any of its properties as Waqf. However there is a proposal of its omission in the new amendment. Instead, the District Collector, a Civil Service official, will now make that decision.
Authority for survey of Waqf properties will also now be given to the District Collector or their deputy. There will also be provision to lodge a High Court appeal within 90 days of the Board’s decision.
According to new Waqf proposals, the Central Waqf Council and state Waqf Boards must have two women on the board. The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four ‘people of national repute’ and senior union government officials. At least two of these should be women.
In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government. Another key proposal is that women’s inheritances must be protected and ensured.
In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.
The All India Muslim Personal Law Board said any changes to the law “will not be tolerated”. The government, however, has dismissed such claims. According to reports, the idea of the amendment is to empower Muslim women and children who “suffered” under the old law.
Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted peal within 90 days of the Board’s decision.
According to new Waqf proposals, the Central Waqf Council and state Waqf Boards must have two women on the board. The Council will now consist of a Union Minister, three MPs, three representatives of Muslim organisations, and three Muslim law experts. It will also include two ex-judges, either the Supreme Court or a High Court, four ‘people of national repute’ and senior union government officials. At least two of these should be women.
In the new law, money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans, and that too in the manner suggested by the government. Another key proposal is that women’s inheritances must be protected and ensured.
In addition, only practicing Muslims will be allowed to donate their property, movable or otherwise to the Waqf Council or Board. Also, only the legal owner can take this decision.
The All India Muslim Personal Law Board said any changes to the law “will not be tolerated”. The government, however, has dismissed such claims. According to reports, the idea of the amendment is to empower Muslim women and children who “suffered” under the old law.
Under the current law, no Waqf property can be considered as such if there is dispute about its antecedents, particularly if there is question about it being a government property. In such disputes officials will investigate and submit a report to the state, following which records will be adjusted.
