Reforming Waqf Governance: An Analysis of the Waqf (Amendment) Bill, 2024

Reforming Waqf Governance: An Analysis of the Waqf (Amendment) Bill, 2024

The Parliament of India has recently enacted the Waqf (Amendment) Bill, 2024, bringing about a comprehensive overhaul to the existing framework governing waqf properties. The Bill amends the Waqf Act, 1995, with the stated objectives of enhancing transparency, ensuring inclusivity, and aligning waqf administration with contemporary legal and digital standards. However, the changes have stirred both support and criticism across legal, political, and religious spectrums.

This article analyses the key amendments and compares them with the erstwhile provisions to evaluate the implications of the reform.

A. Old vs. New Provisions

1. Creation of Waqf

a. Old: 

Allowed oral waqf declarations and recognized "waqf by user (long-term use for religious purposes). 

b. New: 

Requires formal written waqfnama, removes recognition of "waqf by user unless already registered. Only practicing Muslims for at least 5 years may create waqf.

2. Determination of Waqf Property

a. Old: 

Waqf Boards held exclusive authority to identify and determine waqf property.

b. New: 

District Collectors now decide whether a property is waqf or government land. Disputed property is presumed to be government land until resolved.

3. Survey Authority

a. Old: 

Survey conducted by Waqf Board-appointed Commissioner.

b. New:  

Surveys now fall under District Collectors following state revenue laws.

4. Board Composition

a. Old: 

Members elected from Muslim MPs, MLAs, Bar Council members.

b. New: 

State-nominated members, including at least two Muslim women and representation from Shia, Sunni, Bohra, and Agakhani communities; non-Muslims may be nominated.

5.Central Waqf Council 

a. Old: 

Comprised exclusively of Muslim members.

b. New: 

Includes two non-Muslim members; maintains Muslim majority and gender inclusivity.

6. Tribunal Jurisdiction

a. Old: 

Tribunal decisions were final and binding with no appeal.

b. New: 

Allows appeals to High Courts within 90 days.

7. Limitation Act Applicability

a. Old: 

Waqf properties were exempt from the Limitation Act.

b. New: 

Brings waqf properties under the Limitation Act, potentially affecting older claims.

8. Registration

a. Old: 

Manual registration with no central database.

b. New: 

Mandatory online registration within six months; extensions permitted through Tribunal orders.

9. Audit and Oversight

a. Old: 

Limited central oversight mostly state-level audits.

b. New: 

Central government may direct audits by the CAG or designated officers.

10. Separate Boards for Sects

a. Old: 

Separate Shia Waqf Boards allowed where Shia waqfs exceed 15%

b. New: 

Extends to Bohra and Agakhani communities irrespective of percentage.

B. Critical Analysis and Implications

1. Inclusivity vs. Autonomy

The introduction of non-Muslim members to waqf institutions, while aimed at broader representation and transparency, has been criticized by several Muslim groups and scholars. They argue that waqf, being an Islamic charitable endowment, should remain under exclusive Muslim stewardship, especially in matters involving religious jurisprudence.

2. End of 'Waqf by User'

The removal of waqf by long-standing customary use threatens the status of mosques and graveyards established through historical community use, especially those lacking formal documentation. This could result in disenfranchisement of religious trusts and custodians.

3. Shift of Power to Civil Administration

The authority granted to District Collectors in determining waqf status and conducting property surveys represents a substantial transfer of control from community-based waqf boards to civil administrators. Critics see this as encroaching on religious freedom and community autonomy.

4. Judicial Review and Appeals

Allowing appeals from Waqf Tribunals to High Courts introduces a safeguard against arbitrariness. This is a welcome move to ensure legal remedies and judicial accountability.

5. Digital and Financial Accountability

The mandatory digital registration of waqf properties and central auditing powers mark a progressive shift towards digitization and fiscal discipline. These provisions are likely to curb mismanagement and enhance public confidence in waqf administration.

C. Conclusion

The Waqf (Amendment) Bill, 2024 marks a significant legislative intervention in the management of Muslim endowments in India. While its objectives of transparency and modernization are laudable, the execution and implications of certain provisions may impinge on religious autonomy and historical practices. As the law comes into force, it remains imperative to balance state interests with constitutional protections for religious minorities, ensuring that the governance of waqf properties remains both efficient and community-sensitive.

Thank you for reading.

Authored by:

Advocate Ranjitsinh Sureshrao Ghatge 🦅 

+919823044282

17:55

29th Chaitra 14234

19th April 2025