- The term “Waqf” is derived from the word “Waqafa” which means to hold, to prevent, or to restrain. (Jawwad) Waqf refers to a perpetual charitable mechanism
- The Quran does not directly mention Waqf. Umar Ibn Al Khattab reportedly acquired a piece of land in Khyber and sought advice from the Prophet, regarding the land in a hadith reported by Ibn Umar
- Once a Waqf, it never gets gifted, inherited, or sold. It belongs to Allah and the corpus of the waqf always remains intact, according to Islamic scholars
- The concept of Waqf in India dates back to the Delhi Sultanate, with early examples including Sultan Muizuddin Sam Ghaor’s (Muhammad Ghori) dedication of villages to the Jama Masjid of Multan
- After 1947, the Mussalman Waqf Act, of 1923 was applicable for managing Waqf properties. However, in 1954, the then-Congress Government introduced the Waqf Act, 1954, which centralised the administration of these properties
- Post-Independence, the Waqf Act 1954 was enacted by the Jawaharlal Nehru Government. This legislation created Waqf Boards, political bodies with executive and quasi-judicial functions
- The Waqf Act 1954 was amended in 1964, 1969 and 1984, although a major amendment in 1995 would have been sufficient. In 1964, an amendment was passed that established the Central Waqf Council, thereby furthering centralisation
- In 1995, another amendment allowed the creation of waqf boards for each state and union territory. However, the so-called secular parties wished to virtue signal their Muslim vote bank and a new Waqf Act 1995 came into effect
- The new Act added a new and dangerous innovation regarding the Waqf Tribunal. The tribunal has powers to decide matters pertaining to properties disputed as a waqf property and interests involved in a property admitted to a waqf property, lease, tenancy, etc
- The Waqf is managed by a mutawali, who acts as a supervisor.
- A Waqf board is a legal entity capable of acquiring, holding, and transferring property. It can sue and be sued in court.
- Each state has a Waqf Board led by a chairperson, including nominees from the state government, Muslim legislators, parliamentarians, members of the state Bar Council, Islamic scholars, and mutawalis (managers) of Waqfs with an annual income of Rs 1 lakh and above.
- Joseph Schacht, an international authority on Islamic law, in his book, originally published by OUP in 1964, said, “The Waqf has one of its roots in the contributions to the holy wars which Muhammad had incessantly demanded from his followers in Medina”.
- Uncannily, none other than the Caliph of all Sunni Islam and the Ottoman emperor thought it fit to abolish the institution in his empire in 1917. Thus, there are no Waqfs in Turkey, libya, Egypt, Sudan, lebanon, Syria, Jordan and Iraq
- In 1956, on the morrow of Tunisian independence, President Habib Bourguiba abolished Waqfs
- In 1830, the French Government took over the habous or Waqf in Algiers, and later on in Morocco. Elsewhere, Government control was made more stringent.
- In 1924, the Turkish republic abolished the Ministry of Waqfs and it was taken over by a general directory, or by the secular state administration, as we would call it
- In Egypt, it was Muhammad Ali who first confiscated all agricultural Waqfs and compensated the beneficiaries and in 1924, the Waqf Ministry came directly under the control of Parliament
- Although in Russia, Waqfs existed in Muslim districts for centuries, soon after the revolution, such endowments were confiscated and declared state property
- Around 30 waqf boards in the country control properties spread over 9 lakh acres, with an estimated value of Rs 1.2 lakh crore. This makes the waqf boards the third-largest owner of land in India after the Railways and Defence Ministry
There are 32 waqf boards, including two Shia waqf boards in Uttar Pradesh and Bihar. Control of the state Waqf boards lies in the hands of about 200 individuals.
Key Judgements
Judgement by Madhya Pradesh High Court
On August 6, 2024, the Madhya Pradesh High Court overturned a decision by the MP Waqf Board that claimed the Burhanpur Fort as Waqf ownership. The Waqf Board claimed that the Tomb of Shah Shuja, the Tomb of Nadir Shah, Bibi Sahib’s Masjid, and the palace located in the Fort of Burhanpur were Waqf property
In 2013, the Waqf Board requested the Archaeological Survey of India (ASI) to evacuate the sites, claiming ownership of them. However, the ASI filed a writ petition with the High Court, contending that the property, located in Emagird village, Burhanpur, and spanning around 4.448 hectares, was already protected under the Ancient Monuments Preservation Act of 1904
The ASI stated that these sites, which had been under their protection for decades, could not be reclassified as Waqf property without losing their status as protected monuments
Justice GS Ahluwalia remarked, “Why not claim the Taj Mahal as Waqf property? Tomorrow you might say the entire India is Waqf property. It won’t work like this that you’ll issue notifications and the property will be yours.”
Verdict by Delhi High Court
On March 10, the Delhi High Court ruled that it is illegal to convert places of worship into residences and their occupation by those who take care of the premises. Dismissing a petition by a person who is staying at a Waqf Board property, the court handed over the property to the Delhi Waqf Board and ordered the petitioner to pay Rs 15 lakh for the ‘illegal occupation’ for years
The petition was filed by Zahir Ahmed, son of the former Imam of Masjid Zabta Ganj, after Chanakyapuri SDM and Delhi Waqf Board had issued him eviction notices to vacate the Waqf property. He had filed a writ suit in the Delhi High Court asking for reinstatement in the property and contesting the eviction orders, but the court dismissed the petition and said that any religious property, including Waqf Board property, can’t be used for personal purposes
Zahir Ahmed came into occupation of the impugned property due to his father’s position as an Imam of the Masjid Zabta Ganj, Man Singh Road, India Gate, New Delhi. However, he continued to occupy the plot located next to the mosque after his father’s death, and even after a new Imam was appointed at the mosque more than 40 years ago
Judgement by Supreme Court of India
On March 13, Supreme Court of India dismissed the special leave petition submitted by the Waqf Masjid High Court and the UP Sunni Central Waqf Board against the High Court’s order to remove or demolish the mosque in its premises
The apex court bench comprising Justice MR Shah and CT Ravikumar said if the construction is not removed within the 3-month period, the authorities will have permission to remove or demolish it. The court also permitted the petitioners to make a representation to the UP Government for an alternate land nearby which the state can consider if the law permits and considering if the lands are not required for any public purpose at present or in the future
The court noted that the mosque was constructed on Government lease land whose grant was cancelled in 2002. In 2004, the land was resumed in favour of the Allahabad High Court. In 2012, the Supreme Court ordered the resumption of the land. The apex court said the petitioners did not have any legal right over the premises
Judgement by apex court
The Supreme Court on February 8, 2022 ruled the decades-old litigation regarding the Manikonda Jagir land in favour of the State Government saying that ‘all the lands are held with the State Government only’. The Andhra Pradesh Waqf Board had claimed the ownership of 1,654.32 acres of Manikonda village and had said that the land belonged to Dargah Hazrat Hussain Shah Wali
The final verdict was pronounced by a division bench comprising Justice Hemnath Gupta and Justice V Ramasubramanian provided a much-needed relief to several public and private institutes besides individual landowners. The lands in question are situated at Manikonda Jagir Village, Gandipet Mandal of Rangareddy district and value more than Rs 50,000 crore (as of 2022)
The court observed that all the lands are held with the State Government only. It said that the Govt. had sold some of these lands through e-auction to different individuals, companies and also allotted to various institutions, including Lanco Hills, Jana Chaitanya Housing Pvt Ltd, TNGOS Housing Society, Hyderabad Public Services Cooperative Society, Phoenix, WIPRO, ISB School and Urdu University The Court declared that the land would vest with the State and Telangana State Industrial Infrastructure Corporation (TSIIC) and was free from encumbrance. It further declared a notification issued by the Waqf Board claiming the ownership of the land as invalid In 1989, the AP Waqf Board had issued a gazette notification showing the 5,506 square yards of land as owned by the Waqf Board authorities. Further, the Waqf Board issued an addendum to the gazette notification in 2006, stating an extent of 1,654.32 acres in various survey numbers of Manikonda Jagir, Rajendranagar
Mandal as Waqf Lands
Controversial Claims
UP Waqf Board now claims the historic Chandrashekhar Azad park in Prayagraj
In September 2022, Uttar Pradesh Waqf Board staked its claim on the historic Chandrashekhar Azad Park in Prayagraj A petition was filed before the Allahabad High Court stating that the Waqf Board backed the illegal construction of mazars and mosques on the premises of the public park The Islamic body claimed that the mosque has been in existence in the park for about 200 years. Notably, in October 2021, the Allahabad High Court ordered the immediate removal of the mosque and a Mazar constructed illegally inside the Chandrashekhar Azad Park at Prayagraj
While passing the order, a Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Piyush Agarwal directed that all illegal encroachments on this historic park that came up after 1975 must be removed within a span of two days The Prayagraj Development Authority demolished three tombs and 14 graves overnight from Chandrashekhar Azad Park. The authority acted on the orders of the Allahabad High Court to remove encroachments from the public park. However, some illegal structures including the mosque continue to remain within the park premises.
Tamil Nadu Waqf Board now claims ownership of a 1500-year-old temple
In September 2022, the Tamil Nadu Waqf board claimed ownership of a 1500-year-old Sundareswarar Temple. Notably, the Waqf Board has placed posters across the villages claiming ownership of the village land
Meanwhile, to refute the Waqf Board’s assertions, the locals displayed documents proving that the land had been in their family for centuries. The villagers were taken aback by the Islamic board’s claim to ownership of a centuries-old temple. The villagers also urged the Tamil Nadu Chief Minister to intervene and assist them in stopping the Waqf Board from wrongfully snatching their property
Tamil Nadu Waqf Board Claims Ownership of a
Hindu-Majority Village
In September 2022, in a shocking case of the Waqf Board encroaching on a property came to light in Tamil Nadu, where an entire village with a Hindu-majority population was declared as Waqf property. Thiruchenthurai village near Trichy, Tamil Nadu was designated as a Waqf property by the Tamil Nadu Waqf Board. Thiruchenthurai is a village situated on the south bank of the Cauvery river in Tamil Nadu
The issue was uncovered when a person, named Rajagopal, attempted to sell his 1 acre 2 cents of land to one Rajarajeshwari. When Rajagopal, a resident of the nearby village Mullikarupur village arrived at the Registrar’s office to get the sale of his land registered, he was surprised to learn that the land did not belong to him and instead belonged to the Waqf Board
Showing a 250-page letter from Tamil Nadu Waqf Board to Rajagopal, the registrar said that any sale of land in Tiruchenthurai village requires a no-objection certificate from the Waqf Board in Chennai
Waqf Board stakes claim on two islands in Bet Dwarka
In December 2021, Waqf Board in an application to Gujarat High Court claimed the ownership of two islands in Bet Dwarka in Devbhoomi Dwarka
The Waqf Committee in its application claimed that the ownership of two islands on Bet Dwarka island belongs to the Waqf Board. On hearing this, the Gujarat High Court expressed disapproval and hit out, “Are you aware of what you are saying? How can Waqf Board claim ownership of land in Krishnanagari?’ and refused to hear the application
Notably, Bet Dwarka which is one of the holy pilgrimage sites for Hindus, was the residence of Shri Krishna during the time he was the king of Dwaraka (Dwarkadhish). It is a small island off the coast of Dwarka and one needs to take about 30 minute boat-ride from Okha.Dwarka is one of the holy pilgrimage sites for Hindus.
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