Waqf in India: Introduction and definition

Definition in India:

The law (Waqf Legislation) in India conceptualizes waqf as ‘the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.’

 

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Implication of creating a waqf suggests that the said property can never again change hands by inheritance, sale or seizure. 

As per Sachar Committee Report of 2006, there are more than 4.9 lakh registered wakfs in India. The total area under these properties is estimated at about six lac acres.

Types of properties of Wakfs: Apart from agricultural, commercial and residential properties, waqf in India include functional/non-functional mosques, darghās (tomb or shrine of Muslim saint), khanqahās (building or space for Sufi brotherhood) maqbaras (tombs), ashoorkhanās (mourning place for Shias), qabristāns (graveyards), idghās (space to offer Eid Prayer), imam-baras (space for prayers and gatherings for Shias) etc.

Auqāf is meant to create a welfare and just society- a society which does not leave anybody to die hungry and ignorant.

The law for wakf legislation: 

For the better administration of waqf properties in the country, Government of India passed the Waqf Act 1954.

Before it was repealed and replaced by the Waqf Act 1995, the Waqf Act 1954 was amended in 1959, 1964, 1969 and 1984. 

Presently waqf administration in India is governed by the Waqf Act 1995 which was amended by the Waqf (Amendment) Act 2013.

The Waqf Amendment Act 2013 was repealed by Repealing and Amending (Second) Act, 2015. 

It however does not nullify the amendments made by Waqf (Amendment) Act 2013 to Waqf Act 1995. 

Therefore, wherever Waqf Act 1995 is mentioned, it means Waqf Act 1995 as amended by Waqf (Amendment) Act 2013.

Definition and meaning:

Definition as per wakf Act, 1995:

As per Section 3(r) of waqf Act 1995 reads “waqf” means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes— 

(i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser; 

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkaan or by any other name entered in a revenue record; 

(iii) “grants,” including mashrat-ul-khidmat for any purpose recognized by the Muslim law as pious, religious or charitable; and 

(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim law as pious, religious or charitable, provided when the line of succession fails, 

The income of the waqf shall be spent for education, development, welfare and such other purposes as recognized by Muslim law.

Monzer Kahf defined waqf as “holding a Maal (an asset) and preventing its consumption for the purpose of repeatedly extracting its usufruct for the benefit of an objective representing righteousness / philanthropy. (as stated in article “Financing the Development of Awqaf Property,” of The American Journal of Islamic Social Sciences, 16 (Winter 1999): 4, 41.)

Purpose of Wakf:

A per Islamic law a waqf property is permanently dedicated to Allah and is to be used, as specified by the Waqif for permissible purposes. (As per Qazi Mujahidul Islam Qasmi, written in "Auqāf: Ahkam-o-Masa'il")

The theoretical implication of creating a waqf suggests that the said property can never again change hands by inheritance, sale or seizure. (As stated by Gregory C. Kozlowski, in book Muslim Endowments and Society in British India)

 On the issue of ownership, there is consensus of the Ummah that it vests in Allah Almighty and is incapable of human ownership. (As per Qazi Mujahidul Islam Qasmi, written in "Auqāf: Ahkam-o-Masa'il")

Allah is not a physically tangible entity the community, so it is considered to be the actual heir of auqāf (plural of waqf) and through appointed Mutawalli (trustee of waqf) controls its affairs. (as per Hilal Ahmed stated in "Muslim Political Discourse in post-colonial India: Monuments, Memory, Contestations" ).

As per Mohd. Zain bin Haji Othman "When the specified purposes cease, the relief of the poor is the ultimate purpose of every waqf. "

So this is very short introduction of Wakf  in India which is biggest charitable board governed by Government of India and having its own Laws and Acts. Following are the some social questions:

Thanks for reading.