Waqf Properties: Biggest ‘Undiscussed’ Scam In India

By Grace Mubashir, New Age Islam 27 January 2024 Waqf Properties Are Becoming Fiefdoms Of Elites Of The Muslim Community As The Huge Properties Are Not Used In Optimal Strength ----- Main Points: 1. India, with its significant Muslim population of over 172 million, possesses thousands of Waqf properties 2. The primary objectives are to preserve the property and maximize revenues for the recipients 3. Waqf land, dedicated in the name of Allah, has been unlawfully transferred or leased out for personal gain, often involving collusion among politicians, police, bureaucrats, and land mafias 4. One notable initiative is the Waqf Management System of India (WAMSI) Portal introduced by the minority affairs ministry, aimed at digitizing data of Waqf properties ------ The term "Waqf" originates from the Arabic verb "waqafa," which means "to detain," "to hold," or "to tie up." In legal terms, it refers to the protection of a property from becoming the possession of a third party. It entails the permanent dedication by a Muslim of beneficial property to the possession of Allah SWT. The manager, known as the mutawalli, is responsible for governing the Waqf properties in the best interest of the beneficiaries, as determined by the Waqf founder. The primary objectives are to preserve the property and maximize revenues for the recipients. These revenues are utilized for the benefit of society, including social, spiritual, and economic purposes, such as supporting the poor, mosques, schools, graveyards, orphans, widows, and the elderly. The list of beneficiaries is extensive, determined by the donor's discretion for Sharia-compliant purposes. India, with its significant Muslim population of over 172 million, possesses thousands of Waqf properties. Historically, Waqf properties in India were managed individually by appointed Mutawallis and overseen by Qazis according to Sharia law during the Mughal regime. However, with the decline of the Mughal Empire and the onset of British rule, significant changes occurred in governance methods. As a result, the institution of Waqf underwent substantial transformations, losing its special status and judicial supervision. Issues and Challenges of State Waqf Boards In India, there are 32 Waqf boards responsible for the common supervision of their respective Auqaf in their States/Union Territories. However, the relationship between Waqf boards and corruption in India is deeply intertwined. There has been a longstanding issue of systematic corruption, involving the mismanagement and exploitation of Waqf land meant for the welfare of society, including orphans, widows, and educational and charitable purposes. Waqf land, dedicated in the name of Allah, has been unlawfully transferred or leased out for personal gain, often involving collusion among politicians, police, bureaucrats, and land mafias. Despite regulations prohibiting the sale or change of use of Waqf land, corrupt practices persist, with valuable properties leased out at nominal rates to individuals or entities connected to those in power. Examples of such corruption include instances like the allocation of prime land on Atta Mount Road in Maharashtra to Mukesh Ambani for a high-rise apartment complex and the leasing of the Windsor Manor Hotel in Bangalore for a fraction of its true value. The Sachar Committee Report highlighted the urgent need for a comprehensive overhaul of the Waqf Board system, as many states lack qualified CEOs to manage these institutions effectively. Numerous challenges plague Waqf boards in fulfilling their duties, including inadequate governance structures, lack of transparency, and the absence of qualified personnel. Addressing these issues requires concerted efforts to strengthen accountability, improve governance practices, and combat corruption within Waqf boards to ensure that Waqf properties fulfil their intended purpose of serving the welfare of society. Encroachment Waqf properties across the country, especially in North India, particularly in Punjab, Haryana, and Delhi, have been subjected to extensive encroachment, exacerbated by the partition. During the mass migration of Muslims to Pakistan, significant properties endowed as Waqfs were left behind, falling into the hands of custodians who often allocated them to refugees and displaced individuals based on ownership rather than adhering to Waqf principles. With the establishment of Waqf Boards under the Waqf Act of 1954 and subsequent surveys, it was revealed that a large number of Waqf properties were unlawfully occupied. Efforts were made to reclaim these properties through legal processes, but many suits were time-barred. To address this, the Public Waqfs (Extension of Limitation) Act of 1959 was enacted, extending the deadline for filing suits to recover unlawfully occupied Waqf properties. Despite some properties being recovered through this process, litigation proved to be expensive and often drained the resources of the endowed property. Muslim communities have advocated for extending the provisions of the Public Premises (Eviction of Unauthorized Occupation) Act of 1958 to Waqf properties to streamline eviction processes. However, this extension has not been implemented, causing further challenges in reclaiming encroached Waqf properties. The effectiveness of Waqf legislation in salvaging properties is hindered by various factors, including the lack of enforcement will among law implementation agencies and insufficient staffing and funds. Sections 51 to 56 of the Waqf Act of 1995 address critical issues such as the prevention of alienation, recovery of Waqf properties, prohibition on purchase, removal of encroachments, and leasing restrictions. Section 54, which empowers the Chief Executive Officer (CEO) of Waqf Boards to initiate action for the removal of encroachments, is particularly important. However, the implementation of these provisions depends on the commitment and resources allocated to the Waqf Boards. Growing Mismanagement The mismanagement of Waqf properties has become a pressing issue, with Waqf boards often failing to fulfil their responsibility to safeguard these assets. Instances of Waqf land being sold to developers and private buyers at low rates in exchange for illicit kickbacks have been reported, highlighting the vulnerability of these properties to exploitation. It's estimated that over half of Waqf properties are occupied by individuals who are not legitimate owners, further exacerbating the problem. Efforts to address these issues have been marred by controversies and allegations of corruption. Instances such as the removal of a chief executive officer of the Maharashtra State Waqf Board for allegedly transferring Waqf land to a private developer for non-Waqf purposes, and the Delhi Waqf Board facing criticism over the appointment of a tainted MLA as chairman, underscore the challenges in governance and accountability. Despite recommendations from committees such as the Justice Rajindar Sachar panel in 2006 calling for an overhaul of Waqf boards and stricter monitoring of properties, little progress has been made. Plans to bring Waqf properties under the Public Premises (Eviction of Unauthorized Occupants) Act have also not materialized. One notable initiative is the Waqf Management System of India (WAMSI) Portal introduced by the minority affairs ministry, aimed at digitizing data of Waqf properties. While this represents a step forward in modernizing Waqf management, more concerted efforts are needed to address the systemic challenges and root out corruption in the management of Waqf properties. The Way Ahead Protecting Waqf properties in India requires a multi-faceted approach involving legal, administrative, and community-based measures. Here are some steps that can be taken to safeguard these assets: · Strengthen Legal Framework: Enhance existing laws related to Waqf properties to ensure stricter regulations and penalties for illegal occupation, encroachment, and misuse. This may involve amending the Waqf Act and other relevant legislation to provide more teeth to enforcement agencies. · Effective Enforcement: Ensure effective enforcement of laws governing Waqf properties by empowering enforcement agencies with adequate resources, training, and authority to take action against encroachers and illegal occupants. · Transparent Governance: Promote transparency and accountability in the management of Waqf properties by implementing measures such as digitization of records, regular audits, and public disclosure of information related to Waqf assets and transactions. · Community Engagement: Involve local communities, religious leaders, and Waqf stakeholders in the protection and management of Waqf properties. Encourage community participation in decision-making processes and empower local committees to oversee the upkeep of Waqf assets. · Capacity Building: Provide training and capacity-building programs for Waqf board members, administrators, and staff to equip them with the necessary skills and knowledge to effectively manage and protect Waqf properties. · Public Awareness: Raise awareness among the general public about the importance of Waqf properties and the need to protect them for the benefit of the community. Use media campaigns, workshops, and outreach programs to educate people about Waqf laws, rights, and responsibilities. · Collaboration and Partnerships: Foster collaboration and partnerships between government agencies, civil society organizations, religious institutions, and other stakeholders to pool resources and expertise for the protection and preservation of Waqf properties. · Legal Assistance: Provide legal assistance and support to Waqf boards and community organizations to address legal challenges, file cases against encroachers, and recover unlawfully occupied Waqf properties through the judicial system. By adopting a comprehensive approach that combines legal reforms, effective governance, community engagement, and collaboration, Waqf properties in India can be better protected and preserved for the benefit of future generations. ----- A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist. 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