The Waqf Act, 1995
The Waqf Act, 1995
The Waqf Act, 1995 is a central legislation in India that governs the administration of waqfs (or wakfs) — endowments made by Muslims for religious, charitable, or pious purposes. The Act came into force to ensure better governance, transparency, and protection of waqf properties in India.
📘 1. What is a Waqf?
A waqf is a permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes as recognized by Islamic law (Shariah).
Example:
If a Muslim donates land for building a mosque or a school for orphans and declares that it will always be used for that purpose, it becomes a waqf.
📜 2. Objectives of the Waqf Act, 1995
To regulate and manage waqf properties effectively.
To prevent illegal occupation or misuse of waqf properties.
To create Waqf Boards at the state and central levels.
To ensure that the income from waqf properties is used only for the intended religious or charitable purposes.
🏢 3. Establishment of Waqf Boards (Section 13–30)
The Act mandates:
Central Waqf Council (CWC): Established under Section 9 to advise the Central Government on matters concerning waqf institutions.
State Waqf Boards (SWBs): Set up by state governments to manage waqf properties in their territories.
Functions of Waqf Boards:
Maintain records of all waqf properties.
Ensure proper use of waqf income.
Settle disputes regarding waqf properties.
Conduct surveys and inspections of waqf properties.
📑 4. Survey of Waqf Properties (Section 4–8)
The government must conduct a survey of all waqf properties.
This includes listing their location, size, income, and usage.
After the survey, a Waqf Register is prepared and maintained by the Waqf Board.
🚫 5. Prohibition of Sale or Transfer (Section 51)
Waqf properties cannot be sold, transferred, or mortgaged.
Any such transaction is void ab initio (illegal from the beginning), unless approved by the State Waqf Board and for valid purposes (like development or renovation).
⚖️ 6. Tribunals (Section 83)
Waqf Tribunals are set up to resolve disputes regarding waqf property.
Civil courts do not have jurisdiction over waqf matters — only the Tribunal can decide.
👮 7. Offences and Penalties (Section 52–55)
Encroachment of waqf property is a punishable offence.
Penalties include fines and imprisonment.
The Board can take legal action to remove encroachments.
🏛️ 8. Role of Mutawalli (Section 36–45)
A mutawalli is the manager/caretaker of the waqf property.
He must manage the waqf according to its purpose and follow the Board’s directions.
Mismanagement or misuse of funds can lead to removal.
📚 Important Case Laws
1. Board of Muslim Wakfs v. Radha Kishan (1979)
Issue: Whether civil court has jurisdiction over waqf matters.
Held: Supreme Court ruled that civil courts can’t decide waqf issues once a Waqf Tribunal is constituted under the Act.
2. Abdul Mueed Khan v. State of U.P. (2015)
Issue: Encroachment on waqf property.
Held: The court upheld the Waqf Board’s power to remove encroachments, emphasizing the sacred and public nature of waqf property.
3. Syed Ali v. A.P. Waqf Board (2014)
Issue: Transfer of waqf land for commercial use.
Held: Any transfer without Board approval is invalid. The court reiterated that waqf property cannot be alienated unless for waqf benefit and with proper permission.
⚙️ Amendments to the Act
The Waqf (Amendment) Act, 2013 made significant changes:
More powers to Waqf Boards.
Time-bound removal of encroachments.
Prohibition of gifting of waqf property.
Survey of waqf lands made mandatory.
Increased accountability of mutawallis.
✍️ Conclusion
The Waqf Act, 1995 is a crucial law for protecting religious and charitable properties endowed by Muslims. It ensures transparency, prohibits misuse, and provides a proper legal framework for managing waqf institutions. Through Waqf Boards, Tribunals, and clear legal procedures, the Act seeks to protect waqf properties from encroachment, corruption, and mismanagement.
RELATED Blog
0 comments