Editor
What is Waqf ?
Answer : Waqf is an Islamic legal concept that refers to an endowment made by a Muslim for a religious, educational, or charitable purpose. It is a form of perpetual trust or donation, where the donor (often referred to as the waqif) sets aside a portion of their wealth or property for the benefit of the public or a specific group.
What is new in Waqf (Amendment) Bill, 2024 ?
- Removing waqf by user
- Dispute Resolution : Under the new Bill, the District Collector will have the authority to decide whether a property is Waqf property or government land. Previously, this decision was made by the Waqf Tribunal.
Critics thought that it is a violation of separation of power, weaking the power of tribunal.
- Representation : The Bill mandates the inclusion of Muslim women and non-Muslims in both the Central Waqf Council and state Waqf Boards.
- Separate Board : The Bill proposes the creation of a separate board for the Boharas and Aghakhanis, with representation for various sects such as Shias, Sunnis, Bohras, and Aghakhanis.
- Waqf nama Requirement : The Bill requires a valid waqfnama (a deed or document for donating property), replacing the existing provision that allowed oral agreements for declaring Waqf property.
Critics thought that it goes against equality. According to Hindu Endowment act- Usage is custom. So, aaccording to them these bill is discriminatory.
- Reducing Punishment : It removes the word “Rigorous” From section 52(A) . According to law expert it will reduce punishment. It also making non bailable case to bailable case.
