Urgent Call to Action: Stand Against the Waqf Amendment Bill 2024
In recent times, significant legislative changes have been proposed that could profoundly affect the management and protection of Waqf properties in India. The Waqf Amendment Bill 2024 has raised serious concerns within the community due to its potential to undermine established protections and alter the governance of these vital assets. Here’s why it’s crucial for everyone to pay attention and take action.
Understanding the Waqf System
Waqf, a key component of Islamic tradition, involves dedicating property for religious, charitable, or educational purposes. Historically, the Waqf system has been governed by the Waqf Act of 1995, which established mechanisms to protect these properties and ensure they serve their intended purposes. This Act has been instrumental in managing Waqf assets through state-level Waqf Boards, which oversee their administration and ensure they are used effectively.
Why Stand Against the Waqf Amendment Bill 2024
The new Waqf Amendment Bill 2024 seeks to repeal the Waqf Act of 1995 and replace it with a new framework known as the Unified Management Empowerment Efficiency Development (UMED) Act. While the bill is presented as a modernization effort, it has been met with considerable opposition due to several key concerns:
- Centralized Control: The proposed bill aims to centralize the management of Waqf properties, potentially diminishing the role of established Waqf Boards and local trustees. This shift could lead to a loss of local oversight and a reduction in community involvement.
- Inclusion of Non-Muslims: One of the more contentious aspects of the bill is its provision allowing non-Muslims to participate in the management of Waqf properties. This could lead to complications and disputes over the use and control of these assets, which are traditionally managed by the Muslim community.
- Questionable Empowerment Claims: The bill claims to enhance women’s empowerment within the management structure. However, many argue that the current system already ensures significant representation for women, and the new provisions may not deliver on their promises as intended.
- Impact on Future Generations: The potential changes could have long-term consequences, not only affecting current management but also shaping the future of Waqf properties and their role in the community.
Why Your Voice Matters
Given these concerns, it’s crucial for individuals and communities to actively voice their opposition to the Waqf Amendment Bill 2024. Here’s how you can contribute to the cause:
- Stay Informed: Understand the specifics of the bill and its potential impact on Waqf properties and community rights.
- Take Action: Submit your objections to the proposed bill through official channels. Many organizations are facilitating this process, making it easier for you to contribute.
- Spread the Word: Inform others about the bill and its implications. Increased awareness can lead to greater mobilization and a stronger collective voice.
- Engage with Community Leaders: Support and engage with local leaders and organizations that are actively working against the bill. Your participation can amplify their efforts and bring more attention to the issue.
Act now
The Waqf Amendment Bill 2024 marks a major change in how Waqf properties are managed, with implications that could affect both present and future generations. It is crucial to stay informed and take action to oppose this bill in order to ensure that the management of these valuable assets stays with those who have traditionally overseen them.
Your involvement is essential to preserve the integrity of Waqf properties and safeguard the rights of the community. Act now to make your voice heard and contribute to the protection of these important religious resources.
Last date to send email is 13th September, we have very few days left. Click on the link below to register your protest ⬇️ https://tinyurl.com/rejectwaqfbill24
What is Waqf?
Waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law. The word originates from the Arabic term ‘al-Waqf’. There are several literal meanings associated with waqf, such as:
- To stop (al-sukun)
- To prevent (al-mana‘a)
- To suppress or detain (al-habs) (Ayub, 1998).
Al-habs can also be defined as:
- To prevent (mana’uhu)
- To hold (amsakahu)
- To detain (sajjanahu).
The term al-hubays, the objective form of al-habs, refers to a type of property that is held with the intention of distributing or donating its benefits for a good cause. Therefore, the words al-ahbas and al-awqaf (plural forms of al-habs and al-waqf, respectively) convey the same meaning: to hold something from being consumed and distribute its benefits for the purpose of íbadah (worship) (Abu al-Fadl, 1982).
Other Definitions of Waqf
- Waqf can also mean confinement or prohibition.
- Technically, it is defined as “holding certain property, preserving it for the confined benefits of certain philanthropic causes, and prohibiting its use outside that specific objective.”
- Waqf is known as boniyad in Iran and habs in North Africa (Cizakca, 1998).
Waqf involves the immobilization of an owned property (hanbs al-áyn) for worship (íbadah) or charity (tasadduq). The revenues derived from such property are allocated to the poor and needy (Al-Khassaf, 1904). Therefore, waqf can be understood as the donation of usufruct (benefits derived from a property) for a beneficiary, motivated by a desire to fulfill a pious aim or a project of common utility (Kahf, 2015; Hashim et al., 2014).
Waqf as a Form of Philanthropy
Waqf represents a form of durable and long-lasting charity, aimed at benefiting the spiritual and economic well-being of society.
Waqf and Charitable Trusts
In contemporary contexts, waqf is often compared to charitable trusts, especially in countries practicing common law. A trust is defined as a legal relationship where one person holds property for the benefit of another (Mohd Ali et al., 2015). While waqf shares similar objectives with charitable trusts, it is unique because it is a form of sadaqah (charity) where the beneficiaries gain the benefits, excluding the donor (Babacan, 2011). This differs from charitable trusts where the donor may also be one of the beneficiaries.
Legitimacy and Legal Basis of Waqf in Islamic Law
The legality and legitimacy of waqf institutions can be derived from the primary source of Islamic law, the Qur’an, which encourages almsgiving and sharing of wealth. Waqf, as a means of providing sustainable benefits to its beneficiaries, is an effective instrument to achieve this purpose.
Several Qur’anic injunctions highlight the importance of charity:
- “Those who spend their wealth (in Allah’s cause) by night and day, in secret and public, they shall have their reward with their Lord. On them shall be no fear, nor shall they grieve” (Qur’an 3:274).
- “By no means shall you attain Al-Birr (piety, righteousness- meaning Allah’s reward, i.e., paradise), unless you spend (in Allah’s cause) of that which you love; and whatever of goods you spend, Allah knows it well” (Qur’an 3:92).
- “Verily those who give sadaqat (i.e., zakat and alms), men and women, and lend a good loan, it shall be increased manifold (to their credit), and there shall be an honourable good reward (i.e., paradise)” (Qur’an 57:18).
These verses underscore the importance of sharing wealth through donations and almsgiving, which are strongly encouraged in Islam. Waqf, as a method of providing sustainable and perpetual benefits, aligns with these teachings.
The Sunnah and Legitimacy of Waqf
The Sunnah, the second primary source of Islamic law, further solidifies the legitimacy of waqf. There are several ahadith that explicitly support waqf as a legitimate form of charity. For example, a well-known tradition narrated by Abu Hurairah highlights the everlasting benefits of three types of deeds:
- Recurrent charity (sadaqah jariyyah),
- Beneficial knowledge, and
- Pious offspring.
Waqf aligns with the concept of sadaqah jariyyah, representing a legitimate charitable act with continuous rewards for its donor.
Another key hadith is related to Umar Ibn Khatab, who dedicated his land in Khaibar as waqf after consulting with Rasul Allah (Sallallahu alaihi wa sallam). This tradition further establishes the legitimacy and everlasting impact of waqf.
The Role of Waqf in Islamic Charity and Society
Seeking qurbah (nearness to God) and thawab (reward) were significant motivations behind Islamic charitable practices during medieval times. Waqf played an integral role in fulfilling these aims and became an essential part of Islamic ethics. As a result, waqf has become a central component of Muslim society’s culture, serving public needs across various sectors.
Traditionally, the scope of waqf was comprehensive, covering a wide range of societal needs without burdening the government. Waqf institutions provided for public services, acting as an intermediary between the central government and local communities. It has been a source of funding for Muslim societies throughout centuries, contributing to social development and welfare.
Also read : News of Muslim World
Waqf board in India
Around 30 waqf boards in the country control properties spread over 9 lakh acres, with an estimated value of Rs 1.2 lakh crore. This makes the waqf boards the third-largest owner of land in India after the Railways and Defence Ministry.
WAQF (AMENDMENT) BILL 2024 -INDIA- KEY FEATURES
The Waqf (Amendment) Bill, 2024 was introduced in the Indian Lok Sabha on 8 August 2024.[1] It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.The Act regulates waqf property in India, and defines waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’.
- Among key proposals include the formation of a Central Waqf Council and state Waqf Boards, which would have representation of Muslim women and non-Muslims. As per the bill, two women will be appointed in all state boards as well as the central council.
- The bill aims to make the District Collector the arbiter on whether a property is waqf property or government land. In the 1995 Act, such decisions are taken by the Waqf Tribunal. There have been allegations of this power being misused by vested interests for grabbing property.
- It also proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis. The draft law also provides for the representation of Shias, Sunnis, Bohras, Agakhanis in the waqf boards.
- Moreover, the legislation aims to give the Centre the power to direct the audit of any waqf by an auditor appointed by the Comptroller and Auditor General of India.
Urgent action needed to opposed Waqf Amendement Bill
Waqf is the property of Muslims. We need to stand against this Amendement.
Current Status: The bill has been referred to a Joint Parliamentary Committee (JPC), which has sought public opinions before finalizing the legislation
Potential Consequences: If the bill becomes law, it could lead to the government seizing control of thousands of mosques, educational institutions, burial grounds, and other Waqf assets.
Last date to send email is 13th September, we have very few days left. Click on the link below to register your protest ⬇️ https://tinyurl.com/rejectwaqfbill24
