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Waqf properties have a unique role in the Muslim community’s religious and social structures because they are permanently allocated to charity and public welfare reasons. However, issues in their preservation and management have evolved throughout time, owing mostly to flaws or omissions in land and income records, which frequently result in disputes, encroachments, and exploitation of such holdings.
The aim of this article is to provide a clear legal overview of Waqf properties and their link to revenue records. It tries to emphasise the legal, administrative, and social significance of appropriate documentation in ensuring effective preservation and lawful management of Waqf assets.
Waqf is an Islamic legal structure in which a person permanently dedicates movable or immovable property to religious, pious, or charitable causes. Once a property is proclaimed Waqf, its ownership is regarded to vest in Allah (God), and it is no longer part of the donor’s own estate.
Waqf’s permanency is a defining feature. The property cannot be sold, gifted, transferred, or inherited. Instead, the property’s benefits are regularly used for the objectives for which the Waqf was established, such as the upkeep of mosques, madrasas, graveyards, hospitals, and assistance to the destitute.
When a Waqf is established, ownership of the property is permanently terminated, and it is irrevocably consecrated in the name of Allah.
The income earned by Waqf property must be used solely for religious or charitable purposes.
Waqf properties are handled by either the State Waqf Board or a specially designated trustee known as a Mutawalli.
Waqf property cannot be changed into private ownership through sale, transfer, or inheritance.
Public Waqf: Public Waqfs are established for the benefit of the general population. This includes land or property donated to mosques, madrasas, dargahs, hospitals, cemeteries, dharamshalas, and other public welfare institutions.
Private Waqf (Waqf al-Aulad): This sort of Waqf is established primarily to aid the donor’s family members, especially those who are impoverished or needy. However, Islamic law requires that a Waqf serve a public or charitable purpose in the long term.
In India, State Waqf Boards are responsible for managing Waqf properties, which are overseen by the Central Waqf Council. Despite the statutory framework, poor management remains a serious issue. Inaccurate income records, a lack of coordination among authorities, and lax enforcement frequently lead to encroachments and unlawful transfers.
The continuation of religious and social activities: Waqf properties help fund important institutions including mosques, madrasas, hospitals, and welfare programs. Mismanagement has a direct impact on these services.
Prevention of Unauthorised Transfer: Incorrect or incomplete entries in revenue records cause Waqf lands to be misclassified as private property, resulting in illicit sales and transfers.
Avoidance of litigation: Discrepancies between Waqf Board records and revenue records usually result in lengthy legal conflicts, which burden courts and delay justice.
Revenue records are official documents kept by government agencies that establish land ownership, classification, possession, and revenue information. Clear and correct documentation of Waqf properties in these records is critical for a number of reasons.
Legal Recognition: When Waqf properties are clearly identified in income records, they are given formal legal status, which reduces ambiguity and prevents future disputes.
Prevention of encroachment: Proper entries in income records protect against illegal occupation, unauthorised building, and fraudulent transfers.
Access to Government Support: In some circumstances, governments implement laws and strategies to safeguard and develop Waqf properties. Accurate records are essential for obtaining these advantages.
Waqf properties in India are managed and protected under the Waqf Act of 1995. The Act requires Waqf Boards and revenue officials to work together to properly identify and safeguard Waqf assets.
Encroachment, unlawful transfer, and extended litigation are common consequences of incorrectly recording Waqf properties in revenue records. The Wakf (Amendment) Act of 2013 enhances the legal framework by requiring revenue authorities to help protect Waqf properties and keep accurate records.
Waqf properties serve an important role in funding education, healthcare, religious rites, and welfare programs for economically disadvantaged groups. Errors in revenue records can have serious social and economic consequences by diverting resources away from their intended beneficiaries.
Illegal possession of Waqf land deprives the poor and needy of crucial services while also weakening the basic base of charitable institutions in the society.
Waqf properties have a larger purpose than religious use, acting as agents of social welfare and public benefit. Their precise entry in revenue records is critical for legal protection, effective management, and the achievement of their charitable goals.
This represents the author’s legal understanding of Waqf governance. Adv. Abdul Mulla, through his publications on www.lifeandlaw.in and professional engagement with www.asmlegalservices.in, strives to encourage legal awareness and educated conversation on Waqf property protection, with no commercial intent.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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