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What is Waqf Board? Understand its Role, Establishment, and Governance in India

PWOnlyIAS August 06, 2024 07:11 6762 0

A Waqf Board is a legal entity responsible for managing and overseeing waqf properties dedicated to religious, pious, or charitable purposes under Islamic law. Keep on reading to learn more about the Waqf board.

What is Waqf Board? Understand its Role, Establishment, and Governance in India

Waqf board is again in the talks after the news that the Central government is likely to propose the bill to amend the Waqf Act. The Waqf Board plays a significant role in the management and administration of waqf properties in India. A waqf is a permanent dedication of movable or immovable properties for religious, pious, or charitable purposes as recognized by Muslim law. Get a comprehensive overview of the Waqf Board, its establishment, governance, and key functions here.

What is a Waqf Board?

A Waqf Board is a legal entity responsible for managing waqf properties and ensuring their use for intended religious, pious, or charitable purposes. The term “waqf” originates from the Arabic word meaning “confinement” or “prohibition.” The board administers and oversees the proper maintenance and use of waqf assets, which include mosques, graveyards, orphanages, schools, and other institutions serving the community.

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Waqf Board in India
Aspect Details
Definition The legal entity managing waqf properties for religious, pious, or charitable purposes.
Establishment Central Waqf Council was established in 1964 under the Waqf Act of 1954 and revised in 1995.
Sunni Central Waqf Board Administers waqf properties for the Sunni community.
Shia Central Waqf Board Administers waqf properties for the Shia community.
Key Properties Mosques, graveyards, orphanages, schools, and other charitable institutions.
Appointment of Members Appointed by the state government, including Muslim community representatives and officials.
Control and Supervision Overseen by the Central Waqf Council under the Ministry of Minority Affairs.
Central Waqf Council Functions Policy formulation, advisory, monitoring, and capacity building.
Importance Preserves cultural and religious heritage, and supports education and social welfare activities.
Waqf Board Property in India Includes various assets dedicated to religious or charitable purposes.

Establishment of the Waqf Board in India

The Waqf Board in India was established to streamline the administration and regulation of waqf properties. The Central Waqf Council, which oversees the functioning of state Waqf Boards, was established in 1964 under the Waqf Act of 1954. This Act was later revised and replaced by the Waqf Act of 1995 to enhance the governance and management framework of waqf properties.

Sunni Central Waqf Board and Shia Central Waqf Board

In India, there are separate Waqf Boards for Sunni and Shia communities to cater to the specific religious and administrative needs of each sect. Here are some key highlights for Sunni and Shia Central Waqf Board:

  • Separate Boards: In India, there are distinct Waqf Boards for Sunni and Shia communities.
  • Purpose: These boards cater to the specific religious and administrative needs of each sect.
  • Primary Bodies: The Sunni Central Waqf Board and the Shia Central Waqf Board are the main entities responsible for managing waqf properties for their respective communities.
  • Administration: Each board oversees the administration and proper use of waqf assets.
  • Islamic Principles: They ensure that waqf properties are managed according to Islamic principles and the intentions of the donors.
  • Community Focused: Both boards focus on utilizing waqf assets for the benefit of their specific community in line with religious guidelines.

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About the Waqf Act

The Waqf Act is a legislative framework enacted in India to govern and manage waqf properties, ensuring their proper use and administration for religious, pious, or charitable purposes. The Act has been revised and updated over the years to address emerging issues and improve the management of waqf assets. Here is an overview of the key aspects of the Waqf Act:

Waqf Act 1995

The Waqf Act of 1995 was a comprehensive legislation aimed at improving the management of waqf properties in India. The Waqf Act of 1954 was replaced by the Waqf Act of 1995 to address contemporary challenges and streamline the management of waqf properties.

Establishment of State Waqf Boards: The Act mandates the creation of State Waqf Boards in every state. These boards are responsible for the administration and supervision of waqf properties within their jurisdiction.

Registration of Waqf Properties:

Waqf Act 2013

The Waqf Act of 2013 introduced significant amendments to the previous laws to enhance the administration of waqf properties. The key changes include:

  • Enhanced Transparency: Measures to ensure better accountability and transparency in the management of waqf properties.
  • Improved Record-Keeping: Strengthened requirements for the registration and documentation of waqf properties.
  • Stricter Oversight: Increased powers for the Central Waqf Council and State Waqf Boards to oversee and regulate waqf properties effectively.

Waqf Board Property in India

Waqf properties in India encompass a vast array of assets, including land, buildings, and other movable and immovable properties. These properties are dedicated to religious or charitable purposes and are managed by the respective Waqf Boards. The proper utilization and maintenance of these assets are crucial for the communities they serve.

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Who Appoints Waqf Board Members? 

The members of the Waqf Board are appointed by the state government. The composition of the board typically includes representatives from the Muslim community, including religious scholars, legal experts, and government officials. The appointment process aims to ensure that the board comprises individuals with the requisite knowledge and expertise to manage waqf properties effectively.

Who Controls the Waqf Board?

The overall control and supervision of the Waqf Board are vested in the Central Waqf Council, which operates under the Ministry of Minority Affairs, Government of India. The Central Waqf Council provides guidelines, support, and oversight to the state Waqf Boards to ensure uniformity and efficiency in the management of waqf properties across the country.

Central Waqf Council

The Central Waqf Council is the apex body overseeing the administration of waqf properties in India. Established under the Waqf Act, of 1954, and reconstituted under the Waqf Act, of 1995, the council plays a pivotal role in providing policy guidance and administrative support to state Waqf Boards. It ensures that waqf properties are managed in accordance with the law and utilized for the benefit of the Muslim community.

Key Functions of the Central Waqf Council:

  1. Policy Formulation: Developing policies and guidelines for the efficient management of waqf properties.
  2. Advisory Role: Advising the central and state governments on matters related to waqf administration.
  3. Monitoring and Evaluation: Monitoring the performance of state Waqf Boards and ensuring compliance with the legal framework.
  4. Capacity Building: Providing training and support to members of Waqf Boards to enhance their administrative capabilities.

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With the support of the Central Waqf Council and adherence to the Waqf Act, the board works towards the sustainable use of these assets for religious, educational, and charitable purposes. Understanding the role and functioning of the Waqf Board is essential for appreciating its impact on the Muslim community and the broader societal context in India.

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FAQs On Waqf Board

If the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf.

Currently, there are 30 waqf boards in India taking care of properties that cover more than 8 lakh acres. The government is also considering renaming the law with a name that signifies "hope," as per sources.

The term "waqf" literally 'confinement and prohibition', or causing a thing to stop or stand still.

In 1954, the government of Jawaharlal Nehru passed the Waqf Act, leading to the centralization of waqfs.
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