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Charity must not be shackled by the state

April 16, 2025

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IF THE South African government poked its nose into the charitable contributions by Muslims, the entire Indian community would have been so much poorer. In fact, people of all races — not only those of the Islamic faith — have benefited from Muslim generosity.

- YOGIN DEVAN

Charity must not be handcuffed. Just like a double-edged sword can cut both ways, rules and regulations can be both beneficial and harmful, depending on how they’re implemented and perceived. Although some oversight is desirable, it is important that charities remain independent from government interference if they are to offer a meaningful alternative to services provided by the public sector.

I got thinking of the immensity of Muslim altruism in South Africa after learning that India, despite stiff opposition, recently passed the Waqf Amendment Bill aimed at amending the Waaf Act, 1995, to ensure more accountability and transparency in the management and supervision of waqf properties under Muslim control in India.

Wadf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognised by Muslim law. Wagqf properties are donated by followers of Islam and are managed by members of the community. Once a property is designated as waqf, it becomes irrevocable — it cannot be gifted, inherited or sold. It is considered to be owned by Allah.

India’s 30 Waqf Boards in each state control and manage 940 000 acres of land across 870 000 properties, with an estimated value of R27 trillion (1.2 lakh crore rupees). This makes the Waqf Boards the third largest landowner in India, after the Indian Railways and the armed forces. Some of these waqf endowments date back centuries, and many are used for mosques, schools, health facilities, cemeteries and orphanages.

According to the provisions of the revised Waqf Act in India, all Waqf Boards are required to digitise records of waqf properties and upload them to a centralised portal. The act provides for audits of Wagf Boards at regular intervals. It introduces provisions for penal action in cases of financial mismanagement.

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