The Waqf (Amendment) Bill, 2024, recently passed by India’s Parliament, introduces several significant changes to the management and governance of waqf properties—assets endowed for religious or charitable purposes in Islam. The key amendments include.
- Inclusion of Non-Muslim Members: The bill alters the composition of the Central Waqf Council and State Waqf Boards by mandating the inclusion of non-Muslim members. Specifically, it requires at least two non-Muslim members on these bodies, potentially allowing non-Muslims to form a majority. This marks a departure from the previous structure, which comprised solely Muslim members.
- Government Authority in Property Disputes: The legislation empowers the government to determine ownership in disputes over waqf properties. This grants authorities a more significant role in resolving such conflicts, a function traditionally managed within the waqf system.
- Redefinition of Waqf Creation: The bill specifies that only individuals who have practiced Islam for at least five years and own the property can declare a waqf. It also eliminates the concept of “waqf by user,” where properties could be deemed waqf based solely on prolonged use for religious purposes. Additionally, it stipulates that waqf-alal-aulad (family waqf) must not deny inheritance rights to any heirs, including women.
- Enhanced Registration and Management Processes: The bill introduces measures to streamline the registration of waqf properties through a central portal and database, aiming to improve transparency and accountability in property management.
These amendments have sparked considerable debate. Proponents argue that the changes will curb corruption, enhance transparency, and improve the management of waqf properties. Conversely, critics contend that the inclusion of non-Muslim members and increased government intervention may undermine Muslim community rights and autonomy over their endowments. Concerns have been raised that these changes could lead to the confiscation of historically significant mosques and properties lacking formal documentation.
The bill’s passage reflects ongoing discussions about balancing religious community autonomy with governmental oversight to ensure effective and transparent management of charitable assets.