SC to Hear Waqf Amendment Act Challenge on April 16

Waqf Amendment Act: Aims to Modernize Islamic Property Management in U.S.Context

The Waqf (Amendment) Act, receiving Presidential assent on April 5th, seeks to modernize the management of Waqf properties, sparking debate and raising questions about its impact on Islamic endowments and heritage within the United States legal and cultural landscape.

Understanding Waqf and its Significance

Waqf, derived from Islamic law, refers to properties dedicated solely for religious or charitable purposes. These endowments, common in Muslim communities worldwide, play a vital role in supporting mosques, schools, hospitals, and other community services. The original Waqf Act of 1995 aimed to govern the governance of these properties in India, outlining the powers and functions of the Waqf Council, State Waqf Boards, and related officials. It also established Waqf tribunals to resolve disputes, functioning similarly to civil courts within its jurisdiction.

Key Changes Introduced by the Amendment

The Waqf Amendment Act introduces several key changes, sparking both support and controversy. One notable change is the proposed renaming of the 1995 Act to the “Unified Waqf Management, Empowerment, Efficiency, and Growth Act,” reflecting a broader objective of improving the management and efficiency of Waqf boards and properties. This rebranding is reminiscent of efforts in the U.S. to modernize non-profit management,emphasizing transparency and accountability.

Here’s a breakdown of the key changes:

Feature	Original Act (1995)	amended Act (2024)
Waqf Formation	Declaration, long-term use, or endowment.	Only by a person practicing Islam for at least five years who owns the property. Removes “waqf by user.”
Waqf-alal-aulad	Not explicitly addressed.	Must not result in the denial of inheritance rights to the donor’s heirs, including women.
Waqf Board Inquiry Power	Empowered to inquire and determine if a property is waqf.	This provision is removed.
Central Waqf Council Composition	Members of Parliament, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. Representatives of Muslim organisations, scholars in islamic law, and chairpersons of Waqf Boards must be Muslims. Of the Muslim members, two must be women.	Two members must be non-Muslims.
Audit authority	State governments.	Central government (CAG or designated officer).

One of the most debated aspects of the amendment concerns the formation of Waqf. While the original Act allowed Waqf to be formed through declaration, long-term use, or endowment, the new law stipulates that only a person practicing Islam for at least five years may declare a Waqf, and only if they own the property. It explicitly removes the concept of “waqf by user,” where properties could be deemed Waqf based solely on prolonged use for religious purposes. This change potentially impacts historical sites and community spaces that have traditionally been considered Waqf based on usage rather than formal declaration.

The amendment also addresses “waqf-alal-aulad,” stipulating that such endowments must not result in the denial of inheritance rights to the donor’s heirs, including women.This provision reflects a growing awareness of gender equality within Islamic law and aims to prevent the misuse of Waqf to disinherit female relatives, aligning with modern U.S. legal principles prohibiting gender-based discrimination in inheritance.

The Bill seeks to rename the 1995 Act to the Unified Waqf Management, Empowerment, Efficiency, and Development Act to reflect its broader objective of improving the management and efficiency of Waqf boards and properties.

Moreover, the amendment alters the composition of the Central Waqf Council, requiring that two members be non-Muslims. This move aims to promote inclusivity and transparency in the Council’s decision-making processes. This mirrors the American emphasis on diverse perspectives in governance and reflects a commitment to religious pluralism.

Implications and Potential Controversies

The Waqf Amendment Act has generated diverse reactions.Supporters argue that the changes will modernize Waqf management, increase transparency, and prevent abuse. They believe that stricter requirements for Waqf formation and the inclusion of non-Muslims in the Central Waqf Council will enhance accountability and ensure that Waqf properties are used for their intended purposes. This aligns with the broader global trend of emphasizing good governance and ethical practices in charitable organizations.

Conversely,critics express concerns that the amendment may disenfranchise certain communities and undermine the autonomy of Waqf boards. The removal of “waqf by user” could potentially lead to the loss of historically notable properties, while the increased control of the central government over audits raises concerns about potential political interference.These criticisms underscore the importance of balancing regulatory oversight with the preservation of cultural heritage and religious freedom, a delicate balance also debated in the U.S. regarding historical preservation and religious expression.

Expert Perspectives and Analysis

Legal scholars and experts on Islamic law offer varied interpretations of the amendment. Some argue that the changes are necessary to address corruption and mismanagement within Waqf boards, citing instances where Waqf properties have been illegally sold or used for personal gain. They believe that increased government oversight is essential to protect the interests of the community and ensure that Waqf funds are used for their intended charitable purposes. This perspective is echoed in the U.S. where concerns about financial mismanagement in non-profits frequently enough lead to calls for greater regulatory scrutiny.

Others contend that the amendment represents an overreach of government power and infringes upon the religious freedom of Muslims. they argue that Waqf boards should have the autonomy to manage their own affairs, free from undue interference from the state. This perspective aligns with the american principle of separation of church and state, where religious institutions are generally granted significant autonomy in their internal affairs.

Practical Applications and Recent Developments

The implementation of the Waqf Amendment Act will likely have significant practical implications for Muslim communities. Waqf boards will need to adapt to the new regulations,ensuring that their practices comply with the amended law. This may involve updating registration procedures,revising governance structures,and implementing stricter auditing standards. The success of the amendment will depend on effective communication and collaboration between the government, Waqf boards, and the wider Muslim community.

In the U.S., this could be likened to the implementation of new regulations for non-profits, where organizations must adapt their practices to comply with updated laws and guidelines. Seminars, workshops, and online resources could be utilized to educate Waqf board members and community leaders about the changes and provide guidance on how to comply with the new requirements.

For example,the Internal Revenue Service (IRS) provides extensive resources for U.S. non-profits to ensure compliance with tax laws and regulations. Similarly, the Waqf Amendment Act could be accompanied by educational initiatives to support its effective implementation.This can be seen in the example of the Charities Act in the UK which requires all charities to register with the Charity Commission for England and Wales, follow regulations, and file annual returns.

Conclusion

The Waqf Amendment Act represents a significant step towards modernizing the management of Islamic properties. Whether it achieves its intended goals of increased transparency, efficiency, and accountability remains to be seen. The Act sparks important conversations about the balance between government regulation, religious freedom, and the preservation of cultural heritage, issues that resonate far beyond India and hold relevance for diverse communities across the globe, including those in the United States grappling with similar questions of religious property management and the role of government oversight.

How does the Waqf Amendment Act’s focus on transparency and accountability compare to the regulatory landscape for non-profit organizations in the United States?

Archyde interviews Dr. Zara Khan on the U.S.Implications of the Waqf Amendment Act

We delve into the intricacies of the Waqf (Amendment) Act and its impact on global communities.

Interview Introduction

Archyde News Editor: Welcome, Dr. Khan.Thank you for joining us today. for our audience, could you introduce yourself and your area of expertise?

Dr.Zara Khan: Thank you for having me. I’m Dr. Zara Khan, a legal scholar specializing in Islamic law and comparative religion with a focus on property rights. I’ve been following the ongoing discussions surrounding the *Waqf Amendment Act* and its potential implications.

Understanding the Waqf Amendment Act

Archyde News Editor: The *Waqf Amendment Act* aims to modernize Waqf properties, which are essential for religious and charitable purposes. Can you provide a concise overview of what Waqf is and why this particular amendment is significant for the U.S. context?

Dr. Zara Khan: Waqf, as you mentioned, are endowments dedicated to charitable causes under Islamic law. They support various community services, mirroring the role of non-profits in the U.S. The amendment focuses on updating management practices, and we can see parallels here in the U.S. in relation to non-profit governance and accountability. The changes, such as the stipulations around forming waqf through the declaration of ownership, impact how these properties are managed and how community support is maintained.

Key Changes and Comparisons

Archyde News Editor: There are several notable changes introduced by the amendment.Specifically, on how waqf is formed, how does this contrast with the current practices in the United States with respect to religious properties?

Dr. Zara Khan: The shift away from “waqf by user” towards formal declaration aligns with a move toward enhanced transparency often seen in American non-profit organizations. However, the U.S.system generally emphasizes freedom of religious expression which leaves religious entities extensive autonomy, something that is not totally mirrored by this amendment. The amendment’s focus on who can form a waqf, aligning it with the owner who practices Islam, may led to a more structured approach, very much like in the formation of non-profits in the U.S. requiring formal registration and defined purposes.

Potential Controversies and Impacts

Archyde news Editor: The amendment has sparked debate. What are some of the key criticisms and what are the possible implications for U.S.-based Islamic communities and religious freedom?

dr. Zara Khan: The removal of Waqf by user could potentially affect some past properties and the inclusion of non-Muslims in the Central Waqf Council, although designed to improve governance, may cause tension on autonomy. With the emphasis of religious freedom and the separation of church and state in the U.S., any government overreach in these areas can spark debate. Waqf boards, likewise non-profits, must be able to manage their own affairs freely while being compliant with rules.

Practical Applications and U.S. Parallels

Archyde News Editor: How might these changes affect the practical applications of waqf management, and are there similarities with how U.S. non-profits operate?

Dr. Zara Khan: The implementation in the U.S could mirror the implementation of new regulations for non-profits. Compliance with the amendments can be very well likened to how U.S. non-profits adapt to updated laws and guidelines. This includes revising governance structures, and implementing stricter auditing standards, similar to compliance with IRS regulations. Educational programs, resources, workshops, and training for Waqf board members will definitely be needed.

Expert Perspectives and Analysis

Archyde News Editor: As an expert in Islamic law, what is your general assessment of the Act? Where does the balance lie between modernization, accountability, and religious freedom?

Dr. Zara Khan: The Act is a complex piece of legislation.I believe modernization is crucial and accountability is paramount. The balance, from my personal perspective, will come by promoting religious freedom whilst ensuring the Waqf properties are used for their intended charitable purposes. Transparency through good management is essential, something that also echoes the U.S. emphasis, where they frequently look for good governance and ethical practices in all charitable organizations and non-profits.

Conclusion and Call to Action

Archyde News Editor: thank you, Dr. Khan, for shedding light on this significant topic. To our readers, what are your thoughts on the *waqf Amendment Act* and its implications? Share your opinions in the comments below; let’s start a conversation!