WAQF ACT, 2024
What is Waqf?
Waqf refers to an endowment made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals, or other public institutions. It is inalienable i.e., it cannot be sold, gifted, inherited or encumbered because once declared as waqf, it is considered to be owned by God.
What does the act do?
The recent Waqf Act regulates the process of declaring a property as waqf. It ensures the representation of non muslim members in the waqf committee, along with muslim women reservation. It promotes government intervention, mainly the collector to make sure the dispute between government land and waqf properties are settled and it also legalizes the entire process.
What are the problems?
The primary challenges with the amendment is that the waqf board feels their right to religion under article 26 is being hampered by including non muslim members in the board. Also, the interference of the government in electing the board and in their religious matters is unacceptable to them. The change in the criteria of who can give their property to waqf, that is, practicing muslims (at least for five years) also seems like an issue because the term is open to interpretation to different scholars.
Positive aspects of the act
The act makes the waqf board more inclusive by adding various communities to it, especially the inclusion of women. It also helps legalise the identification of a property as waqf and many disputed properties’ ownership can be legally decided. By registering the properties of the waqf over rupees 1 lakh, more transparency and accountability is promoted.
Remedies
The solution only seems to be in dialogue and in the consideration of both sides. The problem identified might be just right, but the state control professed might seem unjust. A remedy which not only is actually right, but also satisfies the different ideological groups is necessary. Enforcement of any amendment might just cause unrest and a feeling of alienation among communities. Also, the ambiguities in the act should be made clear.
Nandini Singla, is a student at ARSD College, Delhi University. She writes for Vidyapeeth IAS Academy.
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