The Waqf (Amendment) Bill: On February 27, 2025, the Modi Cabinet approved the proposed law.

On February 27, 2025, the Indian Union Cabinet approved the Waqf (Amendment) Bill, 2024, a significant step in improving the management of waqf properties in the country. This bill aims to solve the problems that have existed in the management and use of waqf assets for many years. It includes important changes that will make sure waqf properties are better protected and used for charitable, religious, and educational purposes.

What is Waqf?

Waqf is an Islamic practice where a person dedicates property (land, buildings, or money) for charitable causes. Once a property is given as waqf, it can’t be sold or transferred. The income generated from waqf properties is meant to be used for things like building schools, hospitals, or helping the poor. In India, waqf properties are managed by special boards at both state and national levels.

However, many waqf properties have been misused, encroached upon, or poorly managed. As a result, there has been a growing need for reform in how waqf properties are handled. The Waqf (Amendment) Bill, 2024 addresses these challenges and aims to make sure waqf properties are used properly.

Why is Reform Needed?

Even though the Waqf Act of 1995 was created to regulate the management of waqf properties, it didn’t fully fix the problems. Many waqf properties have been mismanaged or taken over by others without proper use of the funds. This led to a need for a new and better law to manage these properties in a way that benefits society.

The Waqf (Amendment) Bill, 2024 was introduced after a thorough review and suggestions by the Joint Parliamentary Committee (JPC). The bill aims to bring transparency, accountability, and better legal processes to the management of waqf properties in India.

What’s in the Waqf (Amendment) Bill, 2024?

The bill introduces several important changes to improve how waqf properties are managed and protected. Here are the key points:

1. Recognition of ‘Registered Waqf by User’ Properties

A major change in the bill is the official recognition of ‘Registered Waqf by User’ properties. These are properties that have been used as waqf for many years but were never formally registered. Now, these properties will be legally protected. This will help prevent encroachments or misuse of these properties in the future.

2. Better Representation on Waqf Boards

The bill also calls for more diverse representation on waqf boards. In the past, waqf boards have been controlled by a few people, which led to a lack of transparency. The new bill aims to include people from different communities on the boards, making decision-making more inclusive and fair. This will ensure that waqf properties are managed in a way that benefits everyone.

3. Repealing the Mussalman Wakf Act of 1923

The bill proposes to repeal the Mussalman Wakf Act of 1923, an old law that is no longer useful. This law was created during the colonial era and has become outdated. By removing this law, the bill will create a more modern and efficient system for managing waqf properties.

4. Improved Transparency and Accountability

One of the major problems in the past has been a lack of accountability in how waqf funds were used. The new bill includes measures to improve transparency and accountability, such as regular audits and better reporting requirements. This will make sure that the money earned from waqf properties is used for its intended purpose, like funding educational programs or building hospitals.

5. A Faster and More Efficient Waqf Tribunal

The bill also suggests setting up a more efficient Waqf Tribunal. This tribunal will quickly resolve legal disputes related to waqf properties. Right now, resolving these disputes often takes a long time. By creating a dedicated tribunal, legal issues can be settled faster, providing clearer rules for waqf property ownership.

What Impact Will the Waqf (Amendment) Bill Have?

If the bill is passed, it will bring about some major changes in how waqf properties are managed. Here’s what is likely to happen:

1. Better Use of Waqf Properties

The bill is designed to make sure waqf properties are used properly. With better management and accountability, waqf assets will be put to good use, like building schools, hospitals, or other community projects. This will allow waqf properties to benefit society in a more meaningful way.

2. Reduction in Encroachment and Legal Issues

The recognition of Registered Waqf by User properties and the establishment of the Waqf Tribunal will help reduce encroachments and legal disputes over waqf lands. With clearer rules and a better dispute resolution process, it will be harder for people to misuse waqf properties.

3. Better Governance and Transparency

By including more people in the decision-making process and improving oversight, the bill will help make waqf property management more transparent. This will lead to better decisions and ensure that waqf properties are managed for the benefit of the community.

4. Stronger Waqf Sector

Overall, the Waqf (Amendment) Bill, 2024 will help strengthen the waqf sector in India. By modernizing the rules and improving governance, waqf properties can be used more effectively to benefit society. The reforms will also protect waqf assets for future generations.

Conclusion

The Waqf (Amendment) Bill, 2024 is a much-needed reform that aims to improve how waqf properties are managed in India. By addressing issues like mismanagement, encroachment, and lack of transparency, the bill will create a more effective system for protecting waqf properties and ensuring they are used for the public good.

Once the bill is passed, it will create a stronger waqf system that can better serve the community. The changes in the bill will help waqf properties be used for their original purpose – to benefit the people, especially through education, healthcare, and charity. If implemented successfully, the reforms will make a positive difference in how waqf assets are managed across India.