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The upcoming Bill to amend the Waqf Act, 1995, aims to remove the Waqf Board's authority to declare properties as its own.
The Bill proposes the inclusion of two Muslim women and two non-Muslim members on the board
It also introduces the District Collector as an arbiter to decide if a property is a Waqf or government land.
In the 1995 Act, such decisions are made by the Waqf Tribunal.
Proposes to rename the Act “Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995”
Another proposed amendment is that no Waqf can be created without the execution of a Waqf deed.
In Islamic law, a Waqf dedication may be made either in writing, or orally
What was the waqf Act 1995
The Waqf comprises property or land donated by followers of Islam, and is managed by the members of the community.
The Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India, with an estimated value of ₹1.2 lakh crore.
Collectively, this makes the Waqf Boards the third largest landowner in India.
The Waqf act was first passed by Parliament in 1954.
It was later repealed, and a new Waqf Act was passed in 1995, which gave more powers to Waqf Boards.
In 2013, the Act was further amended to grant the Waqf Board extensive powers to designate property as 'Waqf Property.'
A survey commissioner lists all properties declared as Waqf by conducting local investigations, summoning witnesses, and requisitioning public documents.
The Waqf is managed by a mutawali, who acts as a supervisor.
Unlike trusts established under the Indian Trusts Act, 1882, which can serve broader purposes and be dissolved by the board, Waqfs are specifically for religious and charitable uses and are intended to be perpetual.
Waqfs can be either public, serving charitable ends, or private, benefiting the property owner’s direct descendants.
To create a Waqf, one must be of sound mind and hold valid ownership of the property.
Interestingly, the creator of a Waqf, known as the Waqif, does not have to be a Muslim, as long as they profess belief in Islamic principles
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