Story of Waqf: First the Indian Railways, then the Indian Military after which thirdly if anyone establishment on this nation has the utmost land, then it’s the Wakf Board. There may be a lot land in all the nation that whether it is put collectively, then no less than three cities just like the nation’s capital Delhi will be constructed. Complete land is about 9 lakh 40 thousand acres. However now the invoice that has come within the Parliament concerning this Wakf Board has pitted the ruling celebration and the opposition towards one another.
So what is that this Waqf Board, from the place did it get a lot land, who takes care of those lands since independence, the place is the revenue from these lands spent and now what adjustments is the Modi authorities making that has created an uproar in the entire nation, we’ll attempt to discover solutions to all of the questions one after the other intimately.
What’s the which means of Waqf?
In line with the web site of the Waqf Board of the Authorities of India, the phrase Waqf has originated from the Arabic phrase Wakufa, which suggests to carry, bind or take into custody. In line with Islamic perception, if any particular person donates his land or property on account of his faith or with the intention of serving Allah, then it’s referred to as Waqf. That’s, in Islam, movable or immovable property donated on the premise of faith is Waqf. And the one that has donated is known as Waqifa. However one situation of donating property is that the revenue from that movable or immovable property will be spent solely within the service of Islam. And this service means getting a mosque repaired, constructing a cemetery, constructing a madrasa, constructing a hospital and an orphanage. If a non-Islamic particular person additionally desires to make his property Waqf, then he can achieve this, offered he acknowledges Islam and the aim of his Waqf property can also be to serve Islam.
The place did the idea of Waqf come from in Islam?
The idea of Waqf in Islam is from the time of Prophet Muhammad. In line with the web site of the Waqf Board of the Authorities of India, as soon as Caliph Umar took possession of a bit of land in Khyber and requested Prophet Muhammad the way it could possibly be finest used. So Muhammad replied that use this land in such a approach that it’s helpful to people by way of the trail proven by Allah. It can’t be bought in any approach, nor can it’s gifted to anybody, nor can your kids or future generations occupy it in any approach. Other than this, there’s one other perception that in 570 BC there was a big backyard of dates in Medina, which had about 600 bushes. The revenue from them was used to assist the poor folks of Medina. That is thought-about to be the earliest instance of Waqf. Egypt’s Al-Azhar College and Morocco’s Al-Qurayniin College are thought-about to be the oldest establishments constructed on Waqf property.
How did the idea of Waqf begin in India?
The start of Waqf in India is believed to be from the Delhi Sultanate. It’s believed that round 1173, Sultan Muizuddin Sam Gaur of Delhi Sultanate gave two villages for the Jama Masjid of Multan. And that is the place the Waqf custom began in India. Waqf was rejected in the course of the British rule. However after independence, the Waqf custom was maintained by making a correct regulation in India. To start with, the Parliament made a regulation in 1954. Then it was amended and in 1995, the Narasimha Rao authorities modified the regulation. And final time within the 12 months 2013, such huge adjustments came about within the Manmohan Singh authorities that the Waqf Board received immense energy. And from there the difficulty began.
Who takes care of Waqf property?
The Waqf Board is chargeable for the upkeep of Waqf properties unfold throughout the nation. And this Waqf Board has been fashioned below the regulation of the Indian Parliament. In 1954, the Indian Parliament handed the Waqf Act 1954. Beneath this, the accountability of upkeep of Waqf properties got here to the Waqf Board. The remainder of the property that the Waqf Board has proper now could be so enormous that it might probably construct three Delhis, that property is because of the India-Pakistan partition.
When India-Pakistan was divided in 1947, the Muslims who went to Pakistan took their movable property with them, however their immovable property, i.e. their homes, farms, barns, outlets, all remained right here. After which in 1954, a regulation was made and all such properties have been handed over to the Waqf Board. The very subsequent 12 months after the formation of the Waqf Board, i.e. in 1955, the Parliament made one other regulation and below this, the proper to type a Waqf Board in each state of the nation was granted. Then in 1964, the Central Waqf Council was fashioned, whose goal was to present recommendation to the Waqf Boards of the states. However in India too, there are two main factions of people that consider in Islam. One faction is of the Shia neighborhood and the opposite faction is of the Sunni neighborhood.
So the Waqf Board was additionally divided within the title of Shia and Sunni. And the folks of each these streams of Islam fashioned their very own Waqf Boards i.e. Shia Waqf Board and Sunni Waqf Board. In states like Bihar and Uttar Pradesh, the Waqf Boards of Shia and Sunni are completely different.
Who all are there in Waqf Board?
In line with the regulation made by the Parliament of India, the Minister of Minority Affairs of the Central Authorities is on the high of the Central Waqf Council. And on this context, Union Minister Kiren Rijiju is on the high of the Waqf Board. The second place is held by the Director of Waqf, adopted by Joint Secretary degree officers of the Central Authorities. At present, SP Singh Tewatia is the Director of the Waqf Board. Other than this, there are eight extra members within the board. However proper now the positions of all these 8 persons are vacant within the Central Waqf Board.
Who’re there within the Waqf Board of the states?
The Waqf Board of various states has a md on the high. Other than him, there’s an IAS officer of the extent of secretary, who’s a sort of CEO. There’s a survey commissioner to maintain accounts of the remainder of the properties. The remaining two members are nominated by the federal government of that state, which incorporates one Muslim MP and one Muslim MLA. Other than that, the board has a lawyer, a city planner and a Muslim mental on the state degree.
How a lot energy does the Waqf Board have?
The Waqf Board has immense energy. The Board is chargeable for taking care of all of the Waqf property. How a lot revenue is generated, the place to spend it, all that is determined by the Waqf Board. Whose property is to be taken by the Waqf, to whom the property is to be transferred, what’s to be executed with the property, all that is determined by the Waqf Board. As soon as the property involves the Waqf Board, it can’t be returned. That property turns into the Waqf’s eternally. And no case will be filed in any courtroom of the nation concerning this. If the Waqf Board feels that any property belongs to the Waqf based on Islamic legal guidelines, then it turns into the Waqf’s. If somebody has a declare on that land, then the declare will be made solely earlier than the Waqf Board and never in any courtroom. And the Waqf Board additionally has the proper to take the ultimate determination.
If a Waqf claims the land of a Hindu or a non-Islamic particular person, then that particular person has to go to the Waqf and show that the land belongs to him and never the Waqf. Nevertheless, the Waqf Board itself can declare solely such land which was registered within the title of the Waqf earlier than the India-Pakistan partition of 1947 or which was given to the Waqf by the Authorities of India in 1954. In a single line, the Waqf Board is such a board that even when there’s any matter towards it, it has to determine on it, no different courtroom of the nation can determine on that matter.
What adjustments are proposed within the new regulation of Modi authorities?
The invoice launched within the Parliament by the Minister of Minority Affairs within the Modi Authorities, Kiren Rijiju, has a provision to restrict the limitless powers of the Waqf Board. For instance
,Not solely Muslims but additionally non-Muslims can be part of the Waqf Board.
,The CEO of the Waqf Board will also be a non-Muslim.
,Now two girls members may also be included within the Waqf Board.
,The Waqf Board should confirm its declare earlier than staking its declare on any property.
,Until now, if a mosque or any such spiritual constructing was constructed, that land would change into Waqf land. However now, even when a mosque is constructed, verification of that land should be executed.
,CAG of the Authorities of India can have the authority to audit the Waqf Board.
,The Waqf Board should register its property with the District Justice of the Peace of that district, in order that the possession of the property will be investigated.
,The difficulty of declare on Waqf properties will be challenged within the Indian courtroom and the ultimate determination will likely be that of the courtroom and never the Waqf Board.
Why does the opposition have objections to the federal government’s invoice?
Nearly all the opposition is collectively towards this invoice. Be it Congress, SP, Sharad Pawar’s NCP, Mamata Banerjee’s TMC or Asaduddin Owaisi’s All India Majlis-e-Ittehadul Muslimeen, all have opposed this invoice. And all opposition events consider that by way of the invoice, the federal government desires to take over the Waqf property. Owaisi has referred to as it an interference in faith and mentioned that the federal government is the enemy of Muslims. On the similar time, SP chief Akhilesh Yadav has objected to the inclusion of non-Muslims within the Waqf Board. DMK says that the invoice has been introduced to focus on Muslims. The arguments of many different opposition events are comparable.
Now what would be the way forward for this invoice?
In view of the opposition’s protest, Union Minister Kiren Rijiju himself has proposed to ship this invoice to JPC. Meaning now a Joint Parliamentary Committee will likely be fashioned to look into the deserves and demerits of this invoice. And the way forward for this invoice will likely be determined primarily based on its suggestions.
learn this additionally: Waqf Modification Invoice: Waqf invoice caught in Parliament, proposal to ship it to JPC, Speaker will type a committee
