Why in news
Ongoing litigation regarding land ownership in Munambam, Ernakulam district, related to properties claimed as Waqf
Over 600 families face uncertainty due to halted property transactions and the rejection of title deeds by financial institutions as collateral.
The introduction of the Waqf (Amendment) Bill has sparked public debates and protests in the community.
What is Waqf
Under the Waqf Act of 1954, a Waqf refers to a property dedicated in the name of God for religious and charitable purposes.
Legally, it is the permanent dedication by a Muslim of any movable or immovable property for purposes recognised by Muslim law as pious, religious, or charitable.
A Waqf can be established through a deed or instrument, or a property can be considered a Waqf if it has been used for religious or charitable purposes over a long period.
The proceeds from a Waqf typically fund educational institutions, graveyards, mosques, and shelter homes.
Once a property is designated as a Waqf, it becomes non-transferable and is detained perpetually as a charitable act toward God, essentially transferring ownership to God.
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.
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.
Waqfs in India are regulated by the Waqf Act, 1995.
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.
COMMENTS