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Waqf: A Perpetual Charity for Society

Waqf is an important institution that promotes long-term social welfare by funding education, healthcare, religious sites, and community initiatives. It has historically offered critical aid to underrepresented people and helped develop long-term public service institutions.

In India, Waqf properties are handled within a legal framework overseen by government organizations. However, concerns about asset protection, transparency, and administrative efficiency persist. This article discusses the notion of Waqf and the registration process.

What is Waqf ?

“Waqf is the permanent commitment of movable or immovable property for religious, charitable, or philanthropic purposes under Muslim law. It includes kinds such as Waqf by User, properties registered under multiple names in official documents, Mashrat-ul-Khidmat endowments, and Waqf-alal-Aulad. Even if usage or inheritance ceases, the Waqf status and purpose remain intact, with income channeled to recognized social objectives.

Parties to Waqf

  1. Waqif (Founder) – A person who produces or dedicates property to Waqf.
  2. Mawquf ‘alayh (Beneficiary) – The individual or group for whose benefit the Waqf is established. The beneficiary must have the legal right to acquire the property.
  3. Mutawalli (Manager) – A person designated to oversee the Waqf. A Mutawalli may be appointed orally, through a written instrument establishing the Waqf, or by an approved institution. The term also refers to someone appointed by tradition, as well as any sub-manager, servant, or other appointed individuals who do Mutawalli-related activities. Furthermore, any committee or entity now managing or administering any Waqf or Waqf property is deemed a Mutawalli.

Mutawalli must be an Indian citizen and meet other government-specified eligibility requirements. If the Waqf specifies any qualifications, these may be included in the state government’s rules.

Waqf Act, 1995: Objectives and Features

Objectives

  1. Protection and Management of Waqf Property: Ensure the proper use and safeguarding of Waqf property.
  2. Effective Administration: Establishing federal and state Waqf bodies to govern and regulate Waqf holdings.
  3. Prevention of Misuse and Malpractice: Taking steps to prevent misuse, encroachment, and corruption involving Waqf property.
  4. Proper Utilization of Waqf Income: Ensure that Waqf income is used for charitable, social, and educational objectives.
  5. Creation and Maintenance of Waqf Registers and Records: Ensure that all Waqf properties are officially registered and regularly monitored.

Features

  1. Establishment of Waqf Boards: Each state has its own Waqf Board.
  2.  Mandatory Registration of Waqf: Waqf institutions need to register their properties.
  3. Survey of Waqf Property: Each state has a survey commission that collects information on Waqf properties.
  4. Waqf Tribunal: Special Waqf Tribunals are established to settle Waqf-related complaints and disputes.
  5. Prevention of Encroachment on Waqf Property: No individual or institution may improperly occupy Waqf property.
  6. Responsibilities of Mutawalli: Mutawalli is largely responsible for the Waqf’s administration and financial records.
  7. National Oversight by Law: The Central Waqf Council handles Waqf-related activities on a national scale.

Registration of Waqf

Under Section 36 of the Waqf Act, 1995:

Registration of every Waqf is mandatory: Whether a Waqf existed before or after the implementation of this Act, it must be registered with the Waqf Board.

Who can apply for Registration?: The Mutawalli (manager) of the Waqf shall make the primary application for registration. However, the following individuals may also apply:

  1. The Waqf’s founder (Waqif) or their descendants.
  2. Waqf beneficiaries.
  3. Any Muslim community member involved with the Waqf.

Required Information for Registration: The application must be filled out in the required format according to the Waqf Board’s norms and must include:

  1. A detailed description of the Waqf property for identification.
  2. The overall annual income from the property.
  3. Annual revenue, taxes, rates, and assessments for the property.
  4. An estimate of annual income collection expenses, such as Mutawalli salary and allowances, religious expenses, philanthropic costs, and any other expenses.
  5. Any further information as required by the Waqf Board.

Waqf Deed is Mandatory: The actual Waqf deed must be provided to the application. If the formal document is not accessible, comprehensive information on the Waqf’s origin, nature, and aims must be provided.

Signature and Certification of Application: The applicant must sign and validate the application as required by the Code of Civil Procedure, 1908.

Right to Request Additional Information: The Waqf Board has the right to request more data or information from the petitioner.

Waqf Board’s Right to Inquiry: After receiving the application, the Waqf Board may verify its legality and authenticity. If the Waqf management does not submit the application, they will receive a notice, and their statement will be reviewed prior to registration.

Time Limit for Registration:

  1. Registration for existing Waqfs established before the Act’s enforcement must be completed within three months of its implementation.
  2. Waqfs must be registered within three months of their inception. If the Waqf Board did not exist at the time the Waqf was established, the application must be submitted within three months of the Board’s formation.

Conclusion

Waqf is more than just a religious tradition; it is a solid structure for long-term social welfare, promoting education, healthcare, and underprivileged populations. Waqf, when managed clearly and properly, has the potential to revolutionize society.

Despite its promise, Waqf faces issues such as property protection, misuse prevention, and the necessity for legal reforms. Collaboration between government and Waqf entities is critical to ensuring accountability. This article, written by Adv. Abdul Mulla, a Waqf and property law specialist, provides additional insights. For further information, see his websites www.asmlegalservices and www.lifeandlaw.in.

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