Urgent Call To Action: Stand Against The Waqf Amendment Bill 2024
Urgent Call to Action: Stand Against the Waqf Amendment Bill 2024
In recent times, significant legislative changes have been proposed that could profoundly affect the management and protection of Waqf properties in India. The Waqf Amendment Bill 2024 has raised serious concerns within the community due to its potential to undermine established protections and alter the governance of these vital assets. Here’s why it’s crucial for everyone to pay attention and take action.
Understanding the Waqf System
Waqf, a key component of Islamic tradition, involves dedicating property for religious, charitable, or educational purposes. Historically, the Waqf system has been governed by the Waqf Act of 1995, which established mechanisms to protect these properties and ensure they serve their intended purposes. This Act has been instrumental in managing Waqf assets through state-level Waqf Boards, which oversee their administration and ensure they are used effectively.
Why Stand Against the Waqf Amendment Bill 2024
The new Waqf Amendment Bill 2024 seeks to repeal the Waqf Act of 1995 and replace it with a new framework known as the Unified Management Empowerment Efficiency Development (UMED) Act. While the bill is presented as a modernization effort, it has been met with considerable opposition due to several key concerns:
- Centralized Control: The proposed bill aims to centralize the management of Waqf properties, potentially diminishing the role of established Waqf Boards and local trustees. This shift could lead to a loss of local oversight and a reduction in community involvement.
- Inclusion of Non-Muslims: One of the more contentious aspects of the bill is its provision allowing non-Muslims to participate in the management of Waqf properties. This could lead to complications and disputes over the use and control of these assets, which are traditionally managed by the Muslim community.
- Questionable Empowerment Claims: The bill claims to enhance women’s empowerment within the management structure. However, many argue that the current system already ensures significant representation for women, and the new provisions may not deliver on their promises as intended.
- Impact on Future Generations: The potential changes could have long-term consequences, not only affecting current management but also shaping the future of Waqf properties and their role in the community.
Why Your Voice Matters
Given these concerns, it’s crucial for individuals and communities to actively voice their opposition to the Waqf Amendment Bill 2024. Here’s how you can contribute to the cause:
- Stay Informed: Understand the specifics of the bill and its potential impact on Waqf properties and community rights.
- Take Action: Submit your objections to the proposed bill through official channels. Many organizations are facilitating this process, making it easier for you to contribute.
- Spread the Word: Inform others about the bill and its implications. Increased awareness can lead to greater mobilization and a stronger collective voice.
- Engage with Community Leaders: Support and engage with local leaders and organizations that are actively working against the bill. Your participation can amplify their efforts and bring more attention to the issue.
Act now
The Waqf Amendment Bill 2024 represents a significant shift in the governance of Waqf properties, with potential ramifications for both current and future generations. By staying informed and taking proactive steps to oppose the bill, you can help ensure that the management of these crucial assets remains in the hands of those who have traditionally overseen them. Your involvement is essential in safeguarding the integrity of Waqf properties and protecting community rights. Act now to make your voice heard and contribute to this important cause.
Last date to send email is 13th September, we have very few days left. Click on the link below to register your protest ⬇️ https://tinyurl.com/rejectwaqfbill24
WHAT IS WAQF?
In simple terms, waqf refers to any property dedicated solely for religious or charitable purposes under Islamic law.
Waqf is originated from the Arabic word ‘al-Waqf’. There are a series of literal meanings of waqf
among which are; to stop (al-sukun) to prevent, (al-mana‘a) and to suppress, or to detain (alhabs)(Ayub 1998). Al-habs could also be defined as to prevent (mana’uhu), to hold (amsakahu)
and to detain (sajjanahu). Al-hubays the objective form of the al-habs means the type of property
which is held with the intention of distributing or donating its benefits for a good cause.
Thus, thewords al-ahbas and al-awqaf, the plural of al-habs and al-waqf, respectively, reflect the same
meaning which is to hold something from being consumed and distributing its benefit for the purpose of íbadah (Abu al-Fadl 1982). Among other meanings attributed to waqf are confinement
or prohibition, while technically it is defined “holding certain property and preserving it for the
confined benefits of certain philanthropy and prohibiting any use or disposition of it outside that
specific objective”
Waqf is also called boniyad or habs in Iran and North Africa respectively (Cizakca 1998). It is also delineated as the immobilization of an owned property (hanbs al-áyn) for the purpose of worship (íbadah) or charity (tasadduq) by means of allocating the derived revenues from that property to the poor and the needy (Al-Khassaf 1904). Waqf therefore, could be understood to signify the donation of usufruct of a certain property for a beneficiary, the drive for which is motivated by an urge for fulfilment of some pious aim or some project of common utility (Kahf 2015; Hashim et al. 2014).
Philanthropic endowment or waqf represents a form of durable and long lasting charity which profits or benefits are meant for the spiritual and economical improvement and an overall welfare of the society.
In the contemporary context, waqf is also known as a charitable trust specially in those countries
practicing common law. Trust is defined as a legal relationship between two persons where one
of them is holding the property for the benefit of another (Mohd Ali et al. 2015). Whereas, waqf is
defined as an Islamic endowment with the same objective as charitable trust. The uniqueness of
waqf is due to its being a special kind of sadaqah (charity) from which the beneficiaries gain
benefits to the exclusion of the donor himself (Babacan 2011). Thus, it differs from charitable
trust where the donor is considered as one of the beneficiaries.
Legality of waqf institutions and their legitimacy can be construed from the primary source Islamic law; Qur’an which contains injunctions where the giving of alms and the sharing of wealth with others is highly encouraged. Therefore, waqf as a means of provision of sustainable benefits to the beneficiaries exemplifies the most viable and effective instrument for achieving such purpose.
‘‘Those who spend their wealth (in Allah’s cause) by night and day, in secret and public, they shall
have their reward with their Lord. On them, shall be no fear, nor shall they grieve’’ (Qurán 3:274)
and: ‘‘By no means shall you attain Al-Birr (piety, righteousness- meaning Allah’s reward, i.e. paradise),
unless you spend (in Allah’s cause) of that which you love; and whatever of goods you spend, Allah
knows it well’’ (Qurán 3:92) and:
‘‘Verily those who give sadaqat (i.e. zakat and alms), men and women, and lend a good loan, it shall
be increased manifold (to their credit), and there shall be an honourable good reward (i.e. paradise)”
(Qurán 57:18).
Delving deep into the meaning of the above Quránic verses we can conclude that the sharing of
wealth with other by means of donation and alms giving is highly encouraged in Islam. Therefore,
waqf as a means of provision of sustainable and perpetual ben
Sunnah, as the second source provide solid basis for legitimacy of waqf as there are several ahadith which explicitly state the legitimacy of waqf. From among the ahadith reflecting the legitimacy of waqf is the tradition narrated by Abu Hurairah highlighting the everlasting benefits of three types of deeds comprising recurrent charity, sadaqah jariyyah, beneficial knowledge, and pious offspring. Waqf fit most to the recurrent charity mentioned in the hadith, thus represent the legitimate type of act with multiple fold reward for its dedicator.
The second evidence to the legitimacy of the waqf is the tradition related to Umar Ibn Khatab dedication of his land in Khaibar after consulting with the Prophet (p.b.u.h). Having proved the legitimacy of
waqf and its everlasting effect we can conclude that seeking qurbah, nearness to God, constituted
the driving force of Islamic medieval charity which was an integral part of Islamic ethic, and which
was expressed through the use of terms qurbah (nearness to God) and thawab, (reward).
Consequently, waqf constitutes an essential ingredient of the Muslim society’s culture and
pervade all walks of its life. Thus, it contributes to the service of the public in various areas of
development. It also resumed its role as the source of funding for Muslims over the centuries.
Traditionally, waqf scope was very comprehensive as it covered almost all needs of life during the
early period of Islamic civilization. It service covered a large spectrum of social needs without
cost to the government. In fact, it played an intermediary role between central government and
the localities in provision of public goods.
Also read : News of Muslim World
Waqf board in India
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.
WAQF (AMENDMENT) BILL 2024 -INDIA- KEY FEATURES
The Waqf (Amendment) Bill, 2024 was introduced in the Indian Lok Sabha on 8 August 2024.[1] It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.The Act regulates waqf property in India, and defines waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf. The Bill renames the Act to ‘United Waqf Management, Empowerment, Efficiency and Development Act, 1995’.
- Among key proposals include the formation of a Central Waqf Council and state Waqf Boards, which would have representation of Muslim women and non-Muslims. As per the bill, two women will be appointed in all state boards as well as the central council.
- The bill aims to make the District Collector the arbiter on whether a property is waqf property or government land. In the 1995 Act, such decisions are taken by the Waqf Tribunal. There have been allegations of this power being misused by vested interests for grabbing property.
- It also proposes the creation of a separate Board of Auqaf for the Boharas and Aghakhanis. The draft law also provides for the representation of Shias, Sunnis, Bohras, Agakhanis in the waqf boards.
- Moreover, the legislation aims to give the Centre the power to direct the audit of any waqf by an auditor appointed by the Comptroller and Auditor General of India.
Urgent action needed to opposed Waqf Amendement Bill
Waqf is the property of Muslims. We need to stand against this Amendement.
Current Status: The bill has been referred to a Joint Parliamentary Committee (JPC), which has sought public opinions before finalizing the legislation
Potential Consequences: If the bill becomes law, it could lead to the government seizing control of thousands of mosques, educational institutions, burial grounds, and other Waqf assets.
Last date to send email is 13th September, we have very few days left. Click on the link below to register your protest ⬇️ https://tinyurl.com/rejectwaqfbill24
