Al Haqeeqa
The Waqf Boards, established under the Waqf Act of 1995, were designed to manage and protect properties endowed for religious, charitable, and pious purposes in accordance with Islamic law. However, in recent years, these boards have come under scrutiny for their alleged misuse of power, lack of transparency, and inefficient management. This has sparked a call for reform, with the Government proposing significant amendments to the Waqf Act to address these issues. These amendments are also a reflection of Government’s commitment towards addressing long pending issues raised in the Sachar Committee for broad basing of the Waqf Boards.
One of the critical issues with the current Waqf Boards is their “unlimited powers,” which allow them to declare any land as Waqf property without sufficient oversight or verification. This has led to numerous complaints of Waqf Boards usurping property and misusing the provisions of the Waqf Act. There have been instances where the boards have barred plaintiffs from seeking justice from the judiciary, undermining the rule of law. The lack of proper verification processes and the arbitrary declaration of properties as Waqf assets have further fuelled discontent among stakeholders, including the general public and various Muslim communities.
In response to these concerns, the Government has proposed a series of amendments to the Waqf Act aimed at enhancing accountability and transparency. The amendments seek to restructure the composition of the Central Waqf Council and state Waqf Boards to ensure better representation, including mandatory inclusion of women. A crucial amendment involves mandatory verification of land before it is declared as Waqf property. This aims to prevent arbitrary and unjust declarations that have led to disputes and misuse. The proposed changes also include provisions for judicial scrutiny of disputed properties to ascertain their status as Waqf assets, ensuring a fair and transparent process. Furthermore, the Bill aims to repeal specific clauses that grant excessive powers to the boards, thereby curbing their ability to misuse these powers. These amendments are part of a broader effort to make the functioning of Waqf Boards more transparent and accountable. The Government has also consulted various Muslim intellectuals and organizations to gather suggestions for these reforms.
While the Government’s proposed amendments are a step in the right direction, further measures could enhance the effectiveness of the Waqf Boards. Implementing a digital record-keeping system for all Waqf properties can enhance transparency. Public access to these records would allow for greater scrutiny and accountability. Establishing an independent oversight committee, comprising legal experts, community leaders, and Government representatives, can monitor the activities of Waqf Boards and ensure compliance with the law. Providing regular training and capacity-building programs for Waqf Board members and staff can improve their understanding of legal, financial, and administrative aspects, leading to better management of Waqf properties. Encouraging greater involvement of the local community in decision-making processes can ensure that the management of Waqf properties aligns with the needs and aspirations of the community. In addition to the Government’s proposed mandatory inclusion of women in the Central Waqf Council and state Waqf Boards, creating specific programs and initiatives to empower and support women in these roles will be crucial. This could include leadership training, mentorship programs, and ensuring women have equal opportunities to participate in all aspects of Waqf management.
The proposed amendments have given voice to millions of marginalised Muslim women by ensuring representation of Muslim women in Waqf Boards, ensuring their empowerment. The inclusion of women in the Central Waqf Council and state Waqf Boards represents a significant step towards gender equality and inclusive decision-making. These reforms, coupled with additional measures to enhance women’s participation and community involvement, are essential for restoring trust in the Waqf system and ensuring it operates in a fair and just manner, benefiting all members of our community.
-Insha Warsi
Journalism and Francophone Studies
Jamia Millia Islamia
