Following triple talaq, most of the Muslims have welcomed the Waqf Board amendment brought by the central government. They also said that this amendment will ensure the progress of backward Muslims.
The term waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law. Once a property is declared waqf in the country, it becomes irrevocable even by the government.
In India, the Waqf Board owns the most land after the Railways and the Army. This makes the Wakf Board the third largest landowner in India.
The Waqf Board owns more than 9 lakh properties worth Rs 1.2 lakh crore across the country. These are regulated under the administration of 32 state-level Waqf Boards. The assets of this Waqf Board are managed by 200 self-appointed members.
About 40,000 cases related to these properties are pending in the Wakf Tribunal. Transparency cannot be expected in the judgments of these tribunals which consist exclusively of members in waqf jurisdiction.
As a result, there have been complaints of encroachments, irregularities, rights disputes and irregularities in registration and enumeration. These highlight the administrative incompetence and corruption in the current Waqf Board system.
The Waqf Act was enacted in Parliament in 1954, considering it the duty of the government to monitor waqf properties. After that, Waqf Boards were established in 1958 in all the states. The Act was introduced in 1954 and was expanded and completed in 1995 and is monitored and managed based on the provisions of the Act.
However, Waqf Board irregularities continue. Specifically, unauthorized constructions were erected on 123 waqf properties in the heart of the capital, Delhi.
In 2022, the Tamil Nadu Waqf Board claimed an entire Hindu-majority village. Also, Waqf Board violations are on the rise as the Sunni Waqf Board also claimed the Taj Mahal without any evidence.
Section 40 of the Wakf Act, 1995 empowers the Wakf Boards to decide whether a property is considered a Wakf property. There have been many complaints of misuse of this power by Waqf Board members for land grabbing.
In this bill, representation is given to Muslim women in the Waqf Board. Also, features include ensuring representation of non-Muslims.
In this new bill, the District Collector has been given major powers. That is, the district collector has been given the authority to resolve issues related to Waqf Act. Although not Islamic, the District Collector has been given the power to take final decisions on the property matters of the Waqf Board.
Also, the Bill, which prevents Wakf Boards from expropriating any land without proper documentation, revokes the Additional Commissioner’s power to measure Wakf land and instead entrusts the responsibility to the District Collector or Deputy Commissioner.
The Bill, which will allow digital listing of waqb lands, has been amended to provide information to the concerned before a land is declared as waqb land.
Earlier, in 2019, the central government passed the Islamic Women’s Marriage Rights Protection Act. This Act banned the practice of triple talaq. The law protected the rights of married Muslim women and restricted unilateral declarations of talaq.
The triple talaq law, which improved the marriage security of Muslim women, initially caused controversy, but was later fully accepted by the Islamic community.
Similarly, various sects of Muslims have expressed their support for this Waqf Amendment Bill.
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