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.
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.
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:
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:
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
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:
Al-habs can also be defined as:
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).
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 represents a form of durable and long-lasting charity, aimed at benefiting the spiritual and economic well-being of society.
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.
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:
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, 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:
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.
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
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.
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’.
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
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