Concerns Over Mandatory Waqf Property Registration With District Collectors

Newsreel Asia Insight #302
August 6, 2024

The central government is reportedly set to introduce a bill aimed at changing how the Waqf Board operates. This body, established by the government, oversees properties donated by Muslims for religious, educational, and charitable uses. According to reports, the bill would require Waqf properties to register with district collectors to verify their true value. Many are concerned that this could reduce the board's autonomy and increase government control.

This legislative move is reportedly designed to boost accountability and transparency in Waqf Boards' operations, and it includes a new requirement to have more women on these boards. However, opposition leaders and members of the Muslim community see it as an intrusion on their ability to control and manage Waqf assets.

Asaduddin Owaisi, President of the All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM), noted that Waqf Boards have traditionally functioned with considerable independence, according to Business Today. He expressed concerns that the government’s involvement might transfer management and decision-making from the community to bureaucrats.

Owaisi argued that mandating Waqf properties to register with district authorities could result in misclassification and potentially remove them from Muslim administrative control. This worry apparently stems from a deep-seated mistrust of motives, especially under the current government, which many fear might exploit this requirement to undermine Muslim interests.

The All India Muslim Personal Law Board (AIMPLB) has vowed to use all legal and democratic means available to oppose the amendments.

Under the Waqf Act of 1995, which is being proposed for amendment, each state in India must establish its own Waqf Board. These boards ensure that Waqf properties and their incomes are properly used. They are also tasked with maintaining a registry of all Waqf properties within their jurisdiction. And the Central Waqf Council monitors the performance of these state Waqf Boards.

One concern with the proposed requirement for Waqf properties to register with district authorities is that these properties are traditionally managed according to Islamic law and community norms. External interference in this process could be viewed as undermining their religious and administrative independence.

Further, registering Waqf properties with district authorities could add extra bureaucratic layers, complicating and prolonging the management process. This might delay the rollout of beneficial projects or slow down the resolution of disputes.

There are also worries about privacy and the potential misuse of information regarding Waqf properties. Communities might fear that such data could be exploited for political or economic purposes, particularly in regions where communal tensions run high.

Furthermore, involving district authorities in the oversight of Waqf properties might raise concerns about mismanagement or corruption, particularly if these officials lack a deep understanding of the religious and cultural significance of these properties.

Some might also argue that this requirement infringes on the constitutional guarantee of religious freedom, viewing it as state interference in religious affairs. Managing religious properties is a sensitive issue, and any perceived state overreach could prompt legal challenges.

Waqf properties often hold significant religious, cultural and historical importance. If district authorities manage these properties without sufficient sensitivity to these aspects, it could lead to decisions that do not align with the community’s values and traditions.