Understanding the Waqf Act-1995
(as amended 2013)
Waqf Awareness Series: Introduction
The socioeconomic and educational backwardness of Muslims in India is alarming that they form only a fraction of a unit in any relevant statistical data. Although the Government of India has created the Ministry of Minority Affairs for various programs such as related to Education, Skill Development, etc. for the benefit of minorities, and;
A comprehensive and landmark legislation i.e., Waqf Act, 1995 enacted by the Government of India in November 1995, which became effective from 01-01-1996, and amended in 2013, hereby referred to as Waqf Act. Though there may be some shortfalls and contradictions, it is still one of the best Waqf Acts.
For the last many years, CEOs, administrative staff, and Board members have been involved in infighting, mismanagement, misappropriation, and have failed miserably in exercising their duties as mandated by the Waqf Act. Currently, the Waqf Administration is in a crippled condition, due to the failure of administrative bodies in properly implementing the provisions of the Waqf Act, due to lack of manpower and financial resources, in all States.
It is the criminal negligence resulting in a huge economic loss to the Muslim community by the Muslim members of the community that is responsible for the current state of affairs of the community, throughout the country.
The Maharashtra State Waqf Board, for the first time, is constituted with full members with a full-time CEO. We, at Waqf Liaison Forum, appreciate the motivation and their keen interest in planning strategies for the better Management and Administration of the Maharashtra Waqf Board Administration. The strategies will show results after some time, but there are certain pending issues that the Board needs to speedily bring to the conclusion so that development work can be initiated, and a model is created. The Board needs to Show its Motivation and Walk the Talk.
The social and economic development impact that Auqaf can bring to elevate illiteracy, upliftment of downtrodden and economic benefit to the Muslim community in particular and the society at large is unimaginable.
It is not at all insurmountable to make Auqaf a catalyst to provide a social security system for the community, provided the Waqf Act is understood and implemented in Letter and Spirit.
Auqaf has a great potential to transform the social and economic life of our country. This vast treasure trove of Waqf has been bestowed on our community, for the benefit of the community and with the active participation of the community.
The issues involved in its revival need to be taken up expeditiously and those responsible for the dereliction of their duties and obligations under the Waqf Act, need to be legally made accountable.
WAMSI portal that lists the properties and related relevant information are incomplete, and in many cases inaccurate. No serious effort has been taken to rectify and correct the data available with the State Waqf Board of Administration.
Under Section 100. Protection of action taken in good faith. – No suit or other legal proceeding shall lie against the Board or Chief Executive Officer or Survey Commissioner or any other person duly appointed under this Act in respect of anything which is in good faith done or intended to be done under this Act.
Under Section 101. Survey Commissioner, members, and officers of the Board are deemed to be public servants. – (1) The Survey Commissioner, members of the Board, every officer, every auditor of the Board, and every other person duly appointed to discharge any duties imposed on him by this Act or any rule or order made thereunder, shall be deemed to be public servants within the meaning of section 21 of Indian Penal Code (45 of 1860). (2) Every mutawalli of a Waqf, every member of the managing committee, whether constituted by the Board or under any deed of Waqf, every Executive Officer, and every person holding any office in a Waqf shall also be deemed to be a public servant.
The Waqf Act is very robust and the powers and duties of Waqf Chief Executive Officer, Board Members/Officers/Staff, Survey Commissioner, and Mutawalli are well defined. The keyword in the above section-100 is “Good Faith”. “Good Faith” necessitates public servants to be accountable to citizens for ensuring responsive, transparent, honest, ethical policy implementation and service delivery. Failure of performance in exercising duties and obligations under the Act, cannot be swept away under the guise of actions executed or unexecuted in “Good Faith.”
What about action not taken at all, or actions taken in violation of the Waqf Act, or failure to discharge any duties imposed on them (public Servant) by this Act or any rule or order made thereunder or delay in failure to act.
Failure to act to discharge any duties imposed on public servants by this Waqf Act is an actionable wrong as much as any mala fide action that causes physical, psychological, mental, emotional, social, and financial loss and suffering to the aggrieved person.
The concept of Waqf in Shariah is regarded as an empirical embodiment of philanthropic and charitable deeds, having two components, notably Sadaqah Jaria and social responsibility that benefits the society.
Every Muslim is the recipient, guardian, and executor of Allah’s will on earth; Ihsan (social responsibility) constitutes the highest form of Ibada(worship). Muslim’s responsibilities are all-encompassing. Individual responsibility is the cornerstone of the Muslim faith.
There are many issues related to Auqaf that requires the community to take active participation. What is required is for the community to understand the Waqf Act and force the implementation on all the stakeholders involved in Auqaf, understanding very well that “One day you will be answerable to Allah.”
The Waqf Awareness Series related to Waqf Act will cover the following subjects:
- Introduction
- A person interested in Waqf
- Waqf Properties and Tribunal
- Duties and Obligations of Mutawalli
- Duties and Function of the CEO of the Board
- The State Waqf Board and Survey
- Central Waqf Council and Government (State & Central)
- Vision and Suggestions
Waqf which is believed to be a form of perpetual philanthropy (Sadaqah e Jariyah), is not mentioned in the Holy Qur’an in this sense, yet it certainly has roots and origin in the Holy Qur’an.
Waqf or Auqaf (plural) is translated as confinement, detention, holding, and prohibition. Waqf is a special kind of philanthropic deed in perpetuity that is exercised in a non-perishable tangible property by designating the specific categories of beneficiaries to receive its usufructs or revenues.
Waqf is unique from all other forms of charity, endowments, and alms. Sometimes a Waqf is explained as a ‘charitable trust,’ which has a public dimension, and at other times it is translated as an ‘endowment,’ which resembles a ‘will’ or ‘settlement’ that has a single aspect.
Abu Hanifa defined it as “withholding property, according to the judgment of its owner, and providing charity from its revenues.” The most notable and comprehensive of these definitions, to put it briefly, is “withholding property, not permitting it to be owned by any person and disposing of its benefits in a permissible manner.”
Our mission at Waqf Liaison Forum is to inspire, inform and empower the community to reclaim their Waqf narrative, by providing a platform to share their experiences and plan strategies to recover and develop Waqf properties.
Our mission is to use our extensive network of experienced professionals to deliver tangible results in matters and issues related to Auqaf. We strive to build long-term relationships, with concerned authorities, based on transparency, mutual trust, and respect to capture the creativity, excitement, and opportunity created by rapid societal, economic, and technological change, for the benefit of the community and society at large.
We at Waqf Liaison Forum work on FAST Goals that are embedded in Frequent discussions; Ambitious in scope; measured by Specific metrics and milestones; and Transparent for everyone to see, where the ability to anticipate seismic change and to invent opportunities will be crucial to the development of Waqf properties. Our motto is Transparency, Motivation, and Focus Expertise and Determination to Develop Waqf Properties.
Compiled and authored by – M Farid Tungekar
Director Waqf Liaison Forum
