The Waqf Board: A Hidden Threat to Hindu Property Rights
indian history

21-Jun-2024, Updated on 6/21/2024 9:15:31 AM

The Waqf Board: A Hidden Threat to Hindu Property Rights

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During the Babri Masjid and Ram Janmabhoomi dispute, the name that kept coming up repeatedly was the Sunni Waqf Board. Recently, the Uttar Pradesh government made a decision regarding the survey of Waqf properties, a move that has left many people upset and others pleased. Some were angry that action was being taken against Muslims, while others felt vindicated. You might also be wondering what exactly Waqf is, what its relationship is with Muslims, and why the name Waqf keeps coming up in disputes.

First, an interesting fact: after the Railway and Defense departments, the most property in India is held by the Waqf board. You might think that such vast property holdings mean they must be incredibly rich. We'll talk about their wealth later, but first, let's cover the basics. What is Waqf? Waqf is an Arabic word that means "to stop." From an Islamic perspective, it refers to property donated in the name of Allah for the benefit of people, essentially charity. Imagine if you have some land and you want to help people. You can donate it, turning it into Waqf property. On this land, you can build hospitals, schools, colleges, graveyards, and hostels for travelers.

What does this have to do with Muslims? The concept of waqf comes from the time of Prophet Muhammad (peace be upon him). According to Islamic history, Hazrat Umar, the second caliph of Islam, was given a piece of land during the battle of Khaybar. He asked Prophet Muhammad what to do with it. The Prophet said, "Keep it like this and give the benefits to charity so that people can benefit from it." However, there are conditions: Waqf property cannot be sold or inherited. Once given to charity, it cannot be reclaimed. No one can say, "This is my grandfather's land, and I want it back."

You cannot sell Waqf property, but you can donate it, rent it out, or lease it according to strict laws. The Waqf Act, first passed in 1954 and revised in 1995, aimed to give the Waqf Board more power to manage these properties. Think of the Waqf Board as a Residents' Welfare Association (RWA) that maintains the records and income of Waqf properties and ensures their proper use.

Now, will every donation by Muslims become Waqf property? No. The property only becomes Waqf when a deed or agreement is prepared specifying its intended purpose. The process includes a survey and listing in government revenue records.

Let's address the question: how rich is the Waqf Board? The Indian government started the Waqf Asset Management System of India (WAMS) to digitize Waqf records. According to data from September 30, 2022, there are about 35 Waqf boards in the country with around 85 lakh immovable properties and 16,000 movable properties, including houses, land, offices, money, shares, and grains. Journalist Afroz Alam Sahil suggests the actual number of Waqf properties could be much higher due to unlisted properties and continuous encroachments.

Out of these immovable properties, nearly 57,000 are under illegal occupation, and there is no information about more than 4 lakh properties. Is Waqf property only for Muslims? No. Waqf properties can be used by every citizen. For example, universities on Waqf land are open to all. The Delhi Waqf Board has rented out hundreds of lands and shops to non-Muslims, with nearly 80% of tenants being non-Muslims.

The final question sparking controversy is whether the Waqf Board can take over anyone's property. This claim is misleading. According to the Waqf Act, the board can only claim property owned by Muslims for religious purposes. If the Waqf Board suspects a property belongs to them, they send a notice and take the matter to the Waqf tribunal. This tribunal, consisting of administrative officers appointed by the state government, includes members from both Hindu and Muslim communities.

However, the Waqf Board's extensive land holdings and their administrative power have made them a contentious entity. For many Hindus, the Board represents a hidden threat, an organization that could potentially disrupt their sense of security and property rights. The tension around Waqf properties underscores the deep-seated religious and political fault lines in India.

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