Waqf Properties in India: Navigating Scale, Usage, and Legal Challenges

Introduction

Waqf properties, managed by Waqf Boards across India, are a significant component of the country's religious and charitable landscape, particularly within the Muslim community. With control over 9.4 lakh acres of land across 8.7 lakh properties, Waqf Boards are among the largest landowners in India, trailing only the Indian Railways and the Armed Forces. However, despite their substantial assets valued at approximately ₹1.2 lakh crore, Waqf Boards face numerous challenges, from mismanagement and legal disputes to a call for reforms aimed at enhancing transparency and accountability. This article delves into the scale, usage, and legal complexities surrounding Waqf properties in India.

What is Waqf?

Waqf is a permanent dedication of movable or immovable properties for religious, pious, or charitable purposes under Islamic law. Once a property is designated as Waqf, its ownership is transferred to Allah, making it irrevocable. These properties are managed by a mutawalli, appointed by the waqif (the person donating the property) or a competent authority. The Waqf Board acts as a legal entity that can acquire, hold, and transfer properties but cannot sell or lease them permanently[1][3][4].

Scale of Waqf Properties

The scale of Waqf properties is enormous, encompassing a diverse range of assets including:

• Agricultural land
• Buildings
• Dargahs/Mazars
• Graveyards
• Idgahs
• Khanqahs
• Madrasas
• Mosques
• Plots
• Ponds
• Schools
• Shops[1].

These properties, spread across various types, highlight the extensive reach of Waqf Boards in India.

Usage and Management

The primary purpose of Waqf properties is to serve the community through charitable and religious initiatives. However, there are allegations that these properties often fail to fulfill their intended purposes effectively. The management of Waqf properties is overseen by the Waqf Act, 1995, which mandates the appointment of executive officers for underperforming Waqfs and ensures that these properties are used for their designated religious or charitable purposes[4].

The Sachar Committee's recommendations highlight the potential of Waqf properties if managed efficiently. If utilized effectively, these properties could generate significant revenue, potentially exceeding ₹12,000 crore per annum, which could be invaluable for community development[2].

Legal Challenges and Reforms

Despite their potential, Waqf Boards face numerous legal challenges and controversies:

Litigation and Disputes

• Pending Cases: There are over 40,951 cases pending with Waqf tribunals, which are quasi-judicial bodies resolving Waqf property disputes[1].
• High Court Interference: Judgments from Waqf tribunals can be challenged in a High Court, providing scope for judicial oversight[1].

Proposed Reforms

The Waqf (Amendment) Bill, 2024 aims to address these challenges by:

• Mandatory Property Registration: Requiring Waqf boards to register properties with district collectors to ensure accurate valuation[1].
• Gender Inclusion: Mandating women's representation in Waqf boards[1].
• Nomination vs. Election: Shifting from elected to nominated members could centralize control[1].

However, these proposals have received mixed reactions, with some viewing them as necessary reforms to enhance transparency and others as governmental interference in religious affairs[3].

Key Issues and Recommendations

Major issues concerning Waqf Boards include:

• Limited Diversity: Lack of diverse representation in Waqf boards[2].
• Misuse of Power: Allegations against mutawallis for misusing their powers[2].
• Ineffective Coordination: Poor interaction with local revenue authorities[2].

Recommendations from the Sachar Committee and other panels suggest:

• Improved Record Maintenance: Efficient management of records and digitalization.
• Technical Expertise: Inclusion of non-Muslim technical expertise.
• Financial Audits: Bringing Waqf under financial audit schemes[3].

Conclusion

Waqf properties play a crucial role in India's socio-religious fabric, particularly for the Muslim community. However, they face significant challenges that hinder their potential impact. The proposed amendments aim to address these issues but have sparked debate about control and autonomy. As India seeks to modernize the management of these assets, it must balance community needs with legal requirements and broader societal interests.

The future of Waqf properties in India depends on how successfully these challenges are met, ensuring that these valuable resources truly serve their intended purposes—supporting religious and charitable causes while fostering community development and harmony.