Unlocking the Potential of Waqf Properties in India: A Legal and Policy Perspective

By Grace Mubashir, New Age Islam 22 November 2024 Prepared with Insights from Legal Experts and Practicing Advocates in Kerala Waqf properties in India, deeply rooted in Islamic tradition, hold immense potential for socio-economic development. However, issues such as mismanagement, encroachments, and prolonged legal disputes have hindered their effective utilisation. With an estimated six lakh Waqf properties, India possesses the largest corpus of such endowments globally, yet their contributions to education, healthcare, and welfare remain suboptimal. This report explores the history of Waqf properties in India, identifies current challenges, and proposes apolitical, actionable reforms to maximise their potential, with insights from Kerala's legal experts. 1. Introduction Waqf, derived from the Arabic word Waqafa ("to hold" or "to confine"), represents assets dedicated for religious, educational, or philanthropic purposes under Islamic law. Historically, Waqf properties have financed institutions like Aligarh Muslim University and Jamia Millia Islamia, contributing significantly to community welfare. Despite these contributions, the institution of Waqf faces critical challenges today, necessitating reforms for effective governance and utilisation. 2. Historical Context of Waqf in India Early Evolution: The practice of Waqf in India dates back to the Delhi Sultanate (1206–1526), with rulers and elites endowing properties for mosques, madrasas, and charitable causes. Under the Mughals, Waqf estates flourished, funding social and religious institutions. Colonial Era: Advocate M. Riyas highlights the impact of British colonial policies: "The colonial administration prioritised revenue generation, side-lining the social welfare objectives of Waqf properties." Laws such as the Mussalman Waqf Validating Act of 1913 provided legal recognition but failed to prevent exploitation. Post-Independence Developments: The Waqf Act of 1954 and its 1995 revision sought to regulate Waqf properties. However, chronic issues persist, including governance failures, encroachments, and underutilisation. 3. Current Challenges 1. Mismanagement and Lack of Accountability: Most Waqf Boards lack skilled personnel and resources. Advocate N. Basheer notes: "Inefficient governance and the absence of transparency undermine Waqf administration." 2. Encroachments: Approximately 70% of Waqf properties are illegally occupied, resulting in significant revenue loss. Advocate A. Shamsuddin observes: "Encroachment is rampant due to weak legal frameworks and enforcement mechanisms." 3. Prolonged Legal Disputes: Waqf properties often become entangled in lengthy litigation. Dr. Zainuddin highlights: "The absence of specialised courts delays resolution, compounding the challenges." 4. Poor Resource Utilisation: Prime urban Waqf properties remain underdeveloped or in disrepair, generating suboptimal revenue. 5. Lack of Awareness: Many in the Muslim community are unaware of their rights concerning Waqf properties, further contributing to neglect. 4. Recommendations for Reform 1. Governance and Transparency: Digitisation of Records: Expand the Waqf Assets Management System of India (WAMSI) for comprehensive digital record-keeping. Independent Audits: Conduct regular audits to identify irregularities. Capacity Building: Train Waqf Board officials in financial and managerial skills. 2. Addressing Encroachments: Surveys and Demarcation: Conduct surveys to define property boundaries. Fast-Track Courts: Establish specialised courts for swift dispute resolution. Community Education: Raise awareness about Waqf rights and responsibilities. 3. Revenue Generation: Commercial Development: Develop urban Waqf properties into income-generating assets. Public-Private Partnerships (PPPs): Partner with private entities for efficient management. Microfinance Initiatives: Use Waqf income to support community livelihoods. 4. Community Involvement: Local Committees: Establish community-based management committees. Leadership Training: Train grassroots leaders in Waqf property management. 5. Legal and Policy Reforms: Amendments to the Waqf Act: Update legislation to address contemporary challenges. Uniform Guidelines: Develop standardised guidelines for property management. 6. Technological Interventions: GIS Mapping: Use GIS technology to monitor and track Waqf properties. E-Governance Platforms: Implement digital systems for faster administration. 5. Potential Impact of Reforms With effective management, Waqf properties can: Provide sustainable funding for education, healthcare, and vocational training. Address socio-economic challenges within the Muslim community, such as poverty and unemployment. Contribute to urban development and national economic growth. Dr. Zainuddin succinctly states: "Proper governance of Waqf properties can transform them into engines of socio-economic progress." Conclusion Waqf properties represent untapped resources with the potential to address critical socio-economic challenges. However, realising this potential requires comprehensive reforms, transparent governance, and active community participation. Advocate H. Saleem emphasises: "The issues of mismanagement, encroachments, and prolonged disputes are significant but not insurmountable. Apolitical and community-driven efforts are key to unlocking the potential of Waqf properties." By addressing these challenges and implementing the proposed measures, Waqf properties can once again fulfil their intended purpose of serving as catalysts for social and economic welfare in India. ------ A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist. URL: https://www.newageislam.com/islamic-society/waqf-properties-india-legal-policy-perspective/d/133785 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism