Off late, a lot has been said about the Waqf system and about the powers of Wakf board in India. This intrigued us so much that we decided to dig more, to get into the bottom of details. And here we bring to you all about Waqf Board in India, the power, history of existence, who governs the board in India and more.
What is the meaning of Waqf? What is the concept of Waqf in Islam?
Waqf is an Arabic term that translates to “endowment” or “charitable trust” in English. In Islamic law and practice, a waqf refers to a religious endowment of property, assets, or funds made by a Muslim individual or organization for religious, charitable, or philanthropic purposes. (Source)
When someone creates a waqf, they dedicate specific assets (such as land, buildings, money, or other resources) to be used for the benefit of designated beneficiaries or for the upkeep of religious institutions, such as mosques, schools, hospitals, or other public amenities. The donor’s (waqif) donated assets (charity) become permanently dedicated to the specified purpose and cannot be sold, mortgaged, or otherwise disposed of. The management and administration of waqf properties are typically overseen by designated authorities like Waqf Boards in India or similar bodies in other countries with significant Muslim populations.
The concept of waqf in the Indian context involves dedicating a property for religious or charitable purposes. Essentially, this dedication stops the outright ownership of the property and instead, it is “taken up” forever and transferred indefinitely. This is considered significant and essential because it is tied to the entire religious and social fabric of Muslims.
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Why and When was the Wakf Board formed in India? What is the History of Waqf Board in Indian Constitution?
In India, the history of waqf goes back to the early days of the Delhi Sultanate, when a ruler dedicated two villages to the Jama Masjid of Multan and placed their administration under a caretaker or mutawalli or trustee. As Muslim rule expanded in India, more waqf properties were established and managed.
Back in those time, the rule was that the mutawallis or trustees of each waqf had to provide information about the waqf they managed to the district judge. This system didn’t work well and lacked control. It was found that many mutawallis and trustees were not properly managing waqf properties as required by the waqf-name (the rules governing the waqf), especially because there were no penalties for not reporting information to the district judge. (Source: Ainud Din Mahru Shaikh Abdur Rashid (ed.). Insha-i Mahru. Tarassul-i-Aynu’l-Mulk of Aynul-Mulk Mahru of Multan pp. 37–39)
So, to improve management in the waqf system, the Waqf Act of 1954 was introduced to create the Waqf boards. The Wakf Boards were only established in 1954. It’s incorrect to think that waqfs were only created then, as they have existed since ancient times. The Waqf Act of 1954 only aimed to modernize and streamline the management of waqf properties in India, ensuring their proper utilization for charitable and religious purposes while safeguarding them from exploitation or neglect. The act has been amended twice, one in 1995 and then in 2013.
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What is the Role of State Government and Central Government in the Wakf Board?
Following the Waqf Act of 1954, State Wakf Board (SWB) and Central Waqf Council (CWC) were established. The act granted specific powers to both the State Government and the Central Government in India concerning the administration and regulation of waqf properties (or wakf properties).
According to the Ministry of Minority Affairs website (last updated on 7 February, 2024)
Central Waqf Council is a statutory body under the administrative control of the Ministry of Minority Affairs 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. It will now issue directives to the boards/ State Government to furnish information to the Council on the performance of the board particularly on their financial performance, survey, revenue records, encroachment of Waqf properties, Annual and Audit report etc. under section 9 (4) of the act.”
The Power given to State Boards and Central Waqf Council in the Act of 1954:
State Government:
Establishment of State Waqf Boards: The State Government had the authority to establish State Waqf Boards within each state to oversee and manage waqf properties.
Appointment of Waqf Board Members: The State Government could appoint members to the State Waqf Board, including the Chairperson and other officials responsible for administering waqf affairs at the state level.
Regulation of Waqf Properties: The State Government had the power to regulate and supervise waqf properties within its jurisdiction, ensuring proper management and utilization of these charitable endowments.
Enforcement of Waqf Laws: The State Government was responsible for enforcing the provisions of the Waqf Act within the state, including registration of waqf properties, appointment of mutawallis (caretakers), and resolution of disputes related to waqf management.
Powers of the Central Government:
Central Waqf Council: The Central Government established the Central Waqf Council at the national level to advise on matters related to waqf administration, development, and coordination between states.
Issuance of Guidelines and Directives: The Central Government could issue guidelines, directives, or rules to ensure uniformity and effective implementation of waqf laws across different states.
Supervision and Oversight: The Central Government had supervisory powers over State Waqf Boards, providing guidance and support for the proper functioning of waqf administration at the state level.
Resolution of Interstate Disputes: The Central Government could intervene in matters involving waqf properties that spanned multiple states or required centralized resolution.
Who Governs the Waqf Board in India? What are the Powers of a Wakf Board in Indian Constitution?
In India, the Wakf Boards are governed and managed by the respective State Governments. Each state has its own State Wakf Board established under the Wakf Act, which is responsible for overseeing and administering waqf properties (or wakf properties) within the state’s jurisdiction.
Here’s how the governance of Wakf Boards works in India:
The State Government establishes and governs State Wakf Boards in each state. These boards are constituted under the provisions of the Wakf Act applicable to the respective state.
The State Wakf Board is typically composed of members appointed by the State Government, including a Chairperson and other members representing various stakeholders such as religious scholars, community leaders, and government officials.
The SWB is empowered to:
- Register waqf properties.
- Protect, manage, and develop waqf properties.
- Lease, exchange, or sell waqf properties for the benefit of the waqf.
- Appoint and supervise mutawallis (caretakers) of waqf properties.
- Resolve disputes related to waqf administration.
While the Wakf Boards operate autonomously within their respective states, they are subject to oversight and guidance from the State Government to ensure compliance with laws, regulations, and policies related to waqf management.
The Central Government, through CWC under the Ministry of Minority Affairs, also plays a supervisory role by providing guidelines, directives, and support to State Wakf Boards. The Central Government may intervene in matters of national importance or interstate disputes concerning waqf properties.
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The Central Waqf Council consist of (This is same in Act of 1954, 1995, 2013) —
- (i) the Union Minister in-charge of waqf—ex officio Chairperson;
- (ii) the following members to be appointed by the Central Government from amongst Muslims, namely:
- a. three persons to represent Muslim organisations having all India character and national importance;
- b. four persons of national eminence, one each from the fields of administration or management, financial management, engineering or architecture and medicine;
- c. three Members of Parliament of whom two shall be from the House of the People and one from the Council of States;
- (iv) Chairpersons of three Boards by rotation;
- (v) two persons who have been Judges of the Supreme Court or a High Court;
- (vi) one Advocate of national eminence;
- (vii) one person to represent the mutawallis of the waqf having a gross annual income of rupees five lakhs and above;
- (viii) three persons who are eminent scholars in Muslim Law:
Overall, the governance of Wakf Boards in India is decentralized, with each state having its own board responsible for managing and administering waqf properties within the framework of the Wakf Act applicable to that state. The State Governments oversee and support the functioning of Wakf Boards to ensure effective management and utilization of waqf assets for the benefit of the Muslim community and society at large.
P.S: Waqf Board and Waqf Tribunal are two different bodies in the Indian Constitution.
Source and Reference:
- GOI – Ministry of Minority Affairs
- Indian Kanoon – 1954 Act
- The Gazette of India – 1995 Amendement
- The Gazette of India – 2013 Amendment
- GOI – Wakf Board in India in Hindi
