Opinion | The 2024 Waqf Amendment: A Bridge Between Islamic Tradition and Contemporary Law

By addressing key issues such as transparency, professionalization, and dispute resolution, the bill aims to safeguard Waqf assets and ensure their effective use for community welfare.

The Waqf Amendment Bill 2024 has emerged as a significant piece of legislation with far-reaching implications for the management, governance, and utilization of Waqf properties across India. The Waqf Act, 1995, which governs the administration of Waqf properties, has long been criticized for its inefficiencies, lack of transparency, and governance issues. The Waqf Amendment Bill 2024 seeks to address these shortcomings by introducing key reforms aimed at ensuring better management of Waqf properties and enhancing the overall accountability of Waqf boards. This article explores the key provisions of the Waqf Amendment Bill 2024, analyses its potential impact, and highlights some of the challenges that might arise in its implementation.
Waqf properties, which include lands, buildings, and other assets dedicated for religious or charitable purposes, have played a significant role in supporting educational, social, and religious activities in India. However, the governance of Waqf properties has been plagued by issues such as corruption, encroachment, disputes, and mismanagement. The Waqf Act, 1995, provided the legal framework for the administration of these properties but has faced criticism for being outdated and insufficient in addressing contemporary challenges. The Waqf Amendment Bill 2024 is a response to growing concerns over the ineffective management of Waqf assets and the need to protect these properties from encroachment and misappropriation. The bill aims to strengthen the existing legal framework, introduce transparency in decision-making processes, and empower Waqf boards to function more efficiently.
One of the most notable features of the Waqf Amendment Bill 2024 is the creation of a centralized digital database of all Waqf properties across the country. This database will be maintained by the Central Waqf Council and will include comprehensive records of all properties, including their location, ownership status, and income generated. The aim is to increase transparency, reduce the scope for illegal encroachments, and make it easier to monitor the utilization of Waqf assets. The bill proposes to enhance the powers of state Waqf boards by providing them with greater autonomy in decision-making and the ability to take swift action against those found guilty of encroachment or misuse of Waqf properties. The amendment seeks to ensure that Waqf boards are composed of members with relevant expertise in law, finance, and administration, rather than being dominated by political appointees. This professionalization of Waqf boards is expected to improve their efficiency and accountability. The bill introduces a more streamlined and efficient mechanism for resolving disputes related to Waqf properties. Under the new provisions, special Waqf tribunals will be established to adjudicate disputes, thereby reducing the burden on regular courts and ensuring quicker resolution. The tribunals will have the power to pass binding orders, which will help in resolving long-pending cases involving Waqf properties. Encroachment of Waqf properties has been a persistent problem across India. The amendment bill introduces stricter penalties for those found guilty of encroaching on Waqf lands or misusing them for unauthorized purposes. It also empowers Waqf boards to take legal action against encroachers without requiring lengthy approval processes, thereby speeding up the recovery of illegally occupied properties.
The bill emphasizes the need to channel the income generated from Waqf properties toward community welfare projects, such as education, healthcare, and poverty alleviation. It mandates that a certain percentage of the income be earmarked for such purposes, thereby aligning the management of Waqf properties with the broader objective of social justice. The Central Waqf Council will play a more active role in monitoring the performance of state Waqf boards. The bill grants the Council additional powers to audit the functioning of Waqf boards, provide guidance on best practices, and intervene in cases where mismanagement is detected. This central oversight is intended to ensure uniformity in the administration of Waqf properties across states. The Waqf Amendment Bill 2024 has the potential to bring about transformative changes in the management of Waqf properties in India. By introducing a centralized database and enhancing the transparency of Waqf boards, the bill addresses one of the core issues—lack of information and record-keeping—that has historically led to disputes and mismanagement.
The professionalization of Waqf boards, along with the establishment of special tribunals, could lead to more effective governance and quicker resolution of disputes. The focus on utilizing Waqf income for community welfare aligns with the original intent behind Waqf endowments and can significantly benefit underprivileged sections of society. While the Waqf Amendment Bill 2024 introduces several positive reforms, its implementation may face challenges. The success of the proposed centralized database depends on accurate data collection and regular updates. Ensuring that Waqf boards operate autonomously without undue political influence will require strict adherence to the guidelines set out in the bill. Moreover, the bill’s emphasis on stricter penalties for encroachment and misuse of Waqf properties could lead to conflicts, especially in cases where encroachment has been longstanding or where disputes involve influential individuals or groups. The government will need to ensure that enforcement is carried out fairly. The Waqf Amendment Bill 2024 is a progressive step toward reforming the administration of Waqf properties in India. By addressing key issues such as transparency, professionalization, and dispute resolution, the bill aims to safeguard Waqf assets and ensure their effective use for community welfare.
Advocate Tahir is a law graduate with deep insights into Jammu and Kashmir’s socio-political landscape. His work focuses on governance dynamics post-2019, blending analytical depth with practical perspectives. His writings offer valuable commentary on J&K’s evolving administration, development initiatives, and security challenges. He can be reached at: advocatetahir2024@gmail.com.