What you should know about WAQF amendment act?

Waqf properties, dedicated by individuals for Islamic charitable purposes, are neither the personal assets of religious leaders nor the property of any specific organization. These assets, donated for the advancement of Islamic community welfare, are managed by a designated board responsible for their supervision, accounting, and maintenance. The board’s mandate extends beyond mere upkeep to ensuring the protection and development of these communal resources.

Regrettably, waqf properties have been subject to widespread misuse across India, including in Jammu and Kashmir. Instead of serving their intended purpose, these assets have been exploited for personal gain, with instances of looting and mismanagement reported nationwide. This betrayal of the donors’ charitable intent undermines the integrity of waqf properties and the trust placed in their custodians.

The absence of proper audits and accountability has led to waqf properties being treated as personal assets by those entrusted with their management, resulting in widespread exploitation. In Jammu and Kashmir, it is noteworthy that the waqf was previously referred to as the “Muslim Waqf Board,” functioning under the oversight of the state’s Chief Minister or head. The late Mufti Mohammad Sayeed later renamed it the “Muslim Waqf Board.”

The assets under this Waqf Board were supposed to be overseen by the government, but the government remained busy with its own affairs. Moreover, the people managing the waqf were not government employees. In the Kashmir Valley, being a Muslim-majority region, there are many shrines, places of pilgrimage, and Sufi centers under the control of the waqf. However, there was no record or accounting of the crores of rupees received monthly as offerings at these places of worship. No one questioned where this money went or on what it was spent. This money could have been used for public benefit, but instead, it was used for the personal interests of those in charge.

In Kashmir Valley, waqf properties are located in various places and include shops, buildings, and orchards. These shops were given to favored individuals by the officials at the time, with rent being almost negligible. In the same markets, private shops and buildings charge up to 200 times more than the waqf’s fixed rent. For instance, shops in Lal Chowk, Khanyar, Nowhatta, Baramulla, Kupwara, Anantnag, and other places are in prime market areas, so their rent should have been high, but instead, the rent was only Rs. 300 per year — a clear injustice.

Additionally, waqf leaders in Kashmir Valley have continued to treat the waqf property as personal property and divide it among themselves. Readers must be aware that properties of other religions have seen an increase over time, while waqf property in Kashmir has decreased. To date, no waqf-backed welfare work has been carried out that benefits the public or earns their trust. The general public believes that waqf property is the personal estate of those in charge. There is no proper accounting or auditing in its management, nor are the public ever informed about the total waqf property or how much it has increased in the past seventy years.

If the waqf property had been used correctly, it could have become a national asset, playing a significant role in reducing unemployment. Had the Waqf Board in Kashmir opened schools, hospitals, and other institutions, it would have generated employment and increased waqf property as well. However, mismanagement and looting within the waqf have diminished its assets rather than increased them.

Therefore, it is necessary to bring transparency to the waqf institution in the Kashmir Valley and to make those responsible accountable. This will ensure proper maintenance and development of waqf property, which is a community asset.

This issue is not limited to Kashmir Valley or Jammu and Kashmir but has been happening across the country. Now, if the central government has introduced a “Waqf Amendment Act” that gives it the right to monitor waqf properties and enforce accounting and oversight, then what is wrong with that? People are misunderstanding the intentions.


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