Context: Recently, Union Minority Affairs Minister introduced the Waqf (Amendment) Bill, 2024, in the Lok Sabha, aiming to enhance accountability and transparency within Waqf boards. The Bill mandates the inclusion of women in their governance.

Key highlights of the Bill

• The bill is introduced to amend the Waqf Act, 1995.

• The Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

• Definition: It seeks to clearly define “waqf” as waqf by any person practising Islam for at least five years and having ownership of such property and ensure that the creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.

• Omission of Provisions: It also seeks to omit the provisions relating to the “waqf by user”.

• It also seeks to omit section 40 relating to the powers of the Board to decide if a property is waqf property

• Administrative Changes: It provide the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties,

• a) provide for a broad-based composition of the Central Waqf Council and the State Waqf Boards and ensure representation of Muslim women and non-Muslims.

• b) streamlining the manner of registration of waqfs through a central portal and database and providing for a detailed procedure for mutation as per revenue laws.

• The bill seeks to provide for the establishment of a separate Board of Auqaf for Boharas and Aghakhanis for the representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities.

What is Waqf?

• The very literal meaning of Waqf is detention or confinement and prohibition. 

• As per Islam, it is the property that is now available only for religious or charitable purposes, and any other use or sale of the property is prohibited. 

• As per Sharia law, once Waqf is established, and the property is dedicated to Waqf, it remains as Waqf property forever.

Central Waqf Council

• It is a statutory body under the administrative control of the Ministry of Minority Affairs that was set up in 1964 as per the provision given in the Waqf Act, 1954 as Advisory Body to the Central Government on matters concerning the working of the Waqf Boards and the due administration of Auqaf.

• However, the role of the Council was expanded significantly under the provisions of the Waqf (Amendment) Act, 2013. 

• The Council has been empowered to advise the Central Government, State Governments and State Waqf Boards.  

• The Council consists of the Chairperson, who is the Union Minister in charge of Waqf and such other members, not exceeding 20 in number, as may be appointed by the Government of India. 

• As per Section 40 of the Waqf Act 1995 (as amended in 2013) the State Waqf Board is empowered to decide any question which arises as to whether a particular property is a Waqf property or not or whether a Waqf is a Sunni Waqf or a Shia Waqf.