1 week Ago
The Waqf Amendment Act isn’t just about reforms. For Pasmanda Muslims, it’s a historic moment of being heard and recognised. One fine morning, I received a call from the Parliamentary Secretary informing me that the All India Pasmanda Muslim Mahaz had been selected by the Joint Parliamentary Committee (JPC) on Waqf to present its views, objections, and suggestions on the Waqf Amendment Act.
This was a historic moment, as it was the first time the marginalised Pasmanda Muslim community was being recognised at the highest level. As the National Working President of the All India Pasmanda Muslim Mahaz, I had the honour of presenting our perspectives before the JPC. The presentation was well received by the honourable members and highlighted key aspects of the Waqf Amendment Bill in a constructive manner.
The Waqf Amendment Bill focuses on management, not the concept of waqf The primary objective of the Waqf Amendment Bill is to enhance the management and administration of waqf properties. It does not alter or challenge the fundamental concept of waqf, which remains an integral part of Islamic tradition and jurisprudence. The Bill aims to streamline processes to ensure that waqf properties are managed efficiently and transparently.
No impact on existing religious and historical properties A significant concern among the Muslim community has been the potential impact of the Bill on religious and historical waqf properties, such as mosques, dargahs, cemeteries (kabrastans), Imambaras, and Karbalas. The Waqf Amendment Act explicitly ensures that these properties remain unaffected, preserving their religious and cultural sanctity. This provision reassures the community that their places of worship and heritage sites are protected.
Provisions for a comprehensive survey of auqaf One of the key elements of the amendment is the provision for a systematic survey of auqaf (waqf properties). This step is crucial in identifying and documenting waqf assets, preventing encroachments, and ensuring their proper utilisation. A well-documented record will also aid in addressing disputes and enhancing the accountability of waqf administrators.
Majority representation of Muslims in the Waqf Board and Waqf Council Despite the changes introduced by the Waqf Amendment Act, the composition of the Waqf Board and the Waqf Council will continue to have a Muslim majority. This ensures that the governance and decision-making processes remain in the hands of the community, upholding the integrity and religious significance of waqf institutions. No adverse impact on Muslim auqaf properties There have been misconceptions that the Amendment might lead to the seizure or mismanagement of Muslim waqf properties.
However, the Bill is designed to strengthen the administration rather than diminish the community’s rights over these properties. This clarification should alleviate concerns regarding ownership and control. Protection of historical waqf properties The amendment does not introduce any provisions that would negatively affect existing historical waqf properties.
Instead, it seeks to ensure their proper upkeep and prevent unauthorised encroachments, which have been a longstanding issue affecting waqf assets across the country. Clarification on the removal of the ‘Waqf by User’ provision A notable change introduced in the Waqf Amendment Act is the removal of the “Waqf by User" provision. This provision previously allowed properties that had been used for religious or charitable purposes for a long time to be declared as waqf, even in the absence of formal waqf dedication.
The removal of this provision, however, does not affect existing waqf properties that have already been legally recognised. The decision to remove “Waqf by User" aims to prevent legal ambiguities and potential misuse of the provision, which has, in some cases, led to disputes and unauthorised claims over properties. By eliminating this clause, the Amendment ensures that waqf properties are clearly identified, documented, and managed according to established legal frameworks, reducing the chances of encroachments or wrongful claims.
Importantly, properties that have already been registered as waqf under this provision will not be affected, safeguarding their status and continued use for religious and charitable purposes. Strengthening the maintenance of waqf properties The primary goal of the amendment is not to take over waqf properties but to improve their maintenance and management. Many waqf assets remain underutilised or are mismanaged, leading to financial losses.
With better governance and accountability mechanisms, these properties can be used effectively for the welfare of the community. Tackling corruption within the Waqf Board Corruption and mismanagement within Waqf institutions have been persistent concerns. The Amendment introduces stricter regulations and oversight mechanisms to curb corrupt practices.
By ensuring transparency and efficiency, the new provisions will help in restoring trust in Waqf administration and maximising the benefits of Waqf assets for the community. Empowering Muslim women, Pasmanda Muslims, and other marginalised communities through education and economic upliftment One of the most significant aspects of the Waqf Amendment Bill is its potential to empower Muslim women and economically weaker sections of the community, particularly Pasmanda Muslims. Proper management of waqf properties can create sustained funding for education, skill development, and economic opportunities, thereby fostering long-term social and financial empowerment.
Waqf resources can be strategically utilised to establish scholarships, schools, and higher education institutions for marginalised Muslim communities. Many Pasmanda Muslim families face financial constraints that prevent their children, especially girls, from accessing quality education. By directing waqf revenues towards educational programmes, more students can receive financial aid, career counselling, and access to higher studies, helping them break out of the cycle of poverty.
Education alone is not enough; practical skill development is crucial for economic self-reliance. Waqf properties can be used to establish vocational training centres focusing on modern skills such as IT, healthcare, tailoring, and entrepreneurship. This will particularly benefit women, enabling them to secure stable employment or even start their own businesses, thus increasing their participation in the workforce.
With better administration of waqf assets, revenue can be directed towards self-employment schemes and microfinance programmes. Pasmanda Muslims, who often belong to labour-intensive industries, can benefit from financial support for small enterprises, thereby reducing economic disparities. The waqf system can also support cooperative societies and trade initiatives, giving artisans, weavers, and small business owners access to better markets and fair wages.
Another key area of focus should be affordable housing and healthcare. Many Pasmanda Muslims live in substandard conditions due to financial constraints. With well-managed waqf resources, initiatives such as low-cost housing projects and free healthcare clinics can be implemented, ensuring that basic human needs are met.
This would significantly improve the quality of life for thousands of underprivileged families. The Waqf Amendment Act is a step towards enhancing the administration and utilisation of waqf properties for the benefit of the Muslim community. By addressing concerns related to transparency, governance, and equitable distribution of waqf resources, the Amendment aims to create a more efficient system.
More importantly, it has the potential to uplift marginalised communities by investing in education, skill development, and economic empowerment. As representatives of the Pasmanda Muslim community, we must continue advocating for policies that maximise these benefits and ensure that waqf assets serve those who need them the most. The recognition of our voice at the highest level is a significant milestone, and we must strive to leverage this opportunity for the betterment of our community’s future.
The author is the National Working President of the All India Pasmanda Muslim Mahaz. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18’s views.
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