New law will protect Waqf properties

Waqf properties are meant for the welfare of the community, be it for education, healthcare, or religious purposes. However, cases of land grabbing, fraudulent claims, and misuse by politically connected Muslim individuals have raised concerns among common, poor Muslims, particularly women. Instead of serving the poor, these properties have often been used for private benefits.

- HARSH RANJAN

Though amendments in Waqf had been done a number of times but they had failed to address the concerns of common Muslims. The new Waqf Amendment 2024 Bill seeks to ensure that Waqf properties are protected and used as intended.

The new Bill is a significant legislative step aimed at addressing the longstanding issues of mismanagement, corruption, and encroachment in Waqf properties. The proposed amendments focus on enhancing transparency, ensuring legal ownership, and establishing a robust mechanism for accountability and governance within the Waqf Boards.

One of the primary concerns in Waqf property management has been the lack of proper identification and digitization. The Bill facilitates the effective implementation of Sections 54 and 55, which deal with the prevention of encroachments. To ensure the protection of Waqf properties, it mandates the identification and digitization of all such assets, along with expeditious disposal of litigation related to disputed properties. This digital record-keeping will curb unauthorized claims and fraudulent transactions, ensuring that Waqf assets are used for their intended charitable and religious purposes.

The existing definition of Waqf, as revised in 2013, allowed any person to dedicate property as Waqf, leading to numerous fraudulent claims. The Amendment Bill restores the pre-2013 position by requiring that only a person of Islamic faith who is the legal owner of the property can dedicate it as Waqf with an addition that he must have been practicing Islam for at least five years. This measure will prevent dubious dedications and ensure that only genuine religious endowments are recognized.