The Waqf (Amendment) Bill, 2024: Key Changes, Impact, and Implications

The Waqf Amendment Bill 2024, introduced in the Lok Sabha on August 8, 2024, aims to bring greater transparency, accountability, and governance to the management of waqf properties in India.

Waqf refers to the permanent dedication of property (movable or immovable) for religious, charitable, or pious purposes under Islamic law. The Bill seeks to address legal loopholes, prevent unauthorized claims, and streamline dispute resolution under the existing Waqf Act, 1995.

Key Amendments in the Waqf (Amendment) Bill, 2024

1. Eligibility to Declare Waqf

• Only individuals who have been practicing Islam for at least five years can declare a waqf.
• The declarant must own the property being dedicated to waqf.

2. Removal of ‘Waqf by User’

• The Bill removes the provision of ‘waqf by user’, which allowed properties to be considered waqf based on long-term religious use.
• This amendment aims to prevent unauthorized claims and disputes arising from informal waqf usage.

3. Protection of Inheritance Rights

The amendment ensures that waqf-alal-aulad (waqf for descendants) does not infringe upon inheritance rights. It also safeguards the rights of female heirs and other legal beneficiaries.

4. Changes in Waqf Property Survey Process

• The responsibility of waqf property surveys has been shifted from the Survey Commissioner to the Collector or an officer not below the rank of Deputy Collector.
• This change ensures a faster and more transparent survey process.

5. Inclusion of Non-Muslim Members in Waqf Boards

• The Bill mandates the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards.
• This aims to increase transparency and external oversight in waqf property management.

6. Changes in Dispute Resolution Mechanism

• Previously, Waqf Tribunal decisions were final, with no further appeal process.
• The amendment allows direct appeals to the High Court, strengthening legal recourse for disputes.

Selection Process for Waqf Board Members

• At least one non-Muslim member will be included in the State Waqf Boards.
• Preference will be given to legal and administrative experts.
• Members must not have any conflict of interest in waqf property management.

Registration Process for Waqf Properties

1. Declaration by Property Owner: The owner submits a declaration to the State Waqf Board.
2. Verification Process: The Board verifies the ownership and purpose of the waqf property.
3. Survey and Documentation: The property undergoes an official survey, and necessary records are updated.
4. Final Registration: After verification, the property is registered as waqf.

Impact of the Waqf (Amendment) Bill, 2024

1. Greater Transparency in Waqf Property Management

• Only properly declared and legally owned properties are recognized as waqf.
• The inclusion of non-Muslim members enhances neutrality and accountability.

2. Stronger Legal Protection for Heirs and Property Owners

• The amendment prevents the misuse of waqf declarations to deprive legal heirs of their inheritance rights.
• Direct appeals to the High Court ensure a fair resolution of disputes.

3. Streamlined Administration and Dispute Resolution

• Transferring the survey process to Collectors reduces bureaucratic delays.
• Ensures waqf properties are accurately documented and monitored.

4. Potential Concerns and Opposition

• Religious bodies have raised concerns about including non-Muslim members in Waqf Boards, arguing it affects the religious autonomy of waqf institutions.
• Removing ‘waqf by user’ could lead to disputes over properties historically used for religious purposes.

The Waqf (Amendment) Bill, 2024, aims to modernize and regulate waqf property management by removing ambiguities, ensuring fair governance, and strengthening dispute resolution. The inclusion of non-Muslim members, clear eligibility criteria for waqf declarations, and streamlined property surveys are steps toward greater transparency.

However, the Bill has sparked debates on religious autonomy, inheritance rights, and administrative challenges. As the Bill moves through the legislative process, it remains to be seen how these amendments will shape the future of waqf governance in India.