Amidst all the protests, the Central Government has decided to introduce the Waqf Board Amendment Bill in the Lok Sabha. This bill will be introduced on 2 April i.e. Tuesday. The bill was introduced in the Lok Sabha on 8 August 2024 by Parliamentary Affairs and Minority Welfare Minister Kiren Rijiju, which was sent to the Joint Parliamentary Committee (JPC) after the opposition’s uproar.
A total of 44 amendments were presented to the Parliamentary Committee, with about 14 amendments by JPC led by Jagdambika Pal. The revised bill has already been approved by the cabinet. Now this bill is going to be introduced on Tuesday, so earlier the answers to some important questions which are related to Waqf and whose answers can be made to its history.
What is Waqf?
Waqf is a word derived from Arabic language, which is originated by the word ‘Vakuf’. Vakufa means staying, stopping. Waqf made from this, which means preserving. In Islam, Waqf means the property that is for public welfare. It is similar to ‘donation’ of a way and its donor can donate movable or real estate. Whatever is donated for public welfare, it is a wakf to preserve it. Now it is not only included in the house, farm, land and maidan, but can also come fan, coolers, bicycles, TV-fridge.
The condition is that it has been donated for the purpose of public welfare. Those who give these donations, such donors are called ‘aware’. It can also be aware that how will the income that has been donated or from it will be used? If a donor (aware) says that the earnings from his donations will be spent only for the children, then this will be done.
A story related to Waqf in Islam
A story also comes out about this. It is said that once Khalifa Umar acquired a land in Khyber and asked Prophet Mohammad (Sallallahu Alaihi Wasallam) how the best and best of it can be used? The Prophet said, “Stop this property, tie it and put the benefits of it in the work of the people, spend it on their needs. It should not be sold, neither gift nor inherited it. Thus that land was waqf.
Another such incident of the time of Prophet Mohammad Saheb comes out when a garden of 600 dates trees was witnessed and the poor people of Madina were helped by the income from it. This is one of the first examples of Waqf. Similarly, Cairo, the capital of Egypt, has a very old Al Azhar University, which is considered to be the best for Arabic culture and language studies. It was built in the 10th century and it is also a Waqf.
When did Waqf come in India?
With the arrival of Islam to India, Waqf can be considered influx in India, although history is not very clear about which period it should be started. In such a situation, it is difficult to decide who must have been the ‘first ruler’ to form the Waqf formally. This question is exactly the same as trying to know how the tradition of charity started ‘.
Mohammad Ghori can be considered as the beginning
However, there is a fact that Waqf’s property was started by donating only two villages. The connection of these two villages is connected to Mohammad Ghori. After winning Prithviraj Chauhan at the end of the 12th century, Mohammad Gauri tried to strengthen his power by increasing military strength and Islamic institutions. Mohammad Gauri donated two villages to the Jama Masjid of Multan for the education and worship of Muslims. In India, it is considered one of the first example of Waqf.
It is also said that after the Indian Railways and the Indian Army, the Waqf Board is the third largest landowner in India. It started at the end of the 12th century in Multan, Punjab, undivided India, and it spread during the reign of the Sultans who ruled Delhi.
Waqf was part of the Islamic tradition and it gradually came into vogue during the reign of Muslim rulers in India. Now if we walk backwards with the wheel of time, it is found that in the 7th century with Islam, the steps of Arab traders in the 7th century when South India (especially Malabar region), ‘Waqf’ also stepped on the Indian land on their shoulders, but the first reference can be given to the rulers of Delhi Sultanate. The Delhi Sultanate started from the 13th century.
Delhi Sultanate and Waqf
With the influx of Islam in India, examples of Waqf are found. From the period of Delhi Sultanate, mention of Waqf properties starts in documents. In that era, because most of the property used to be with the emperor, he used to be aware (ie donors) and used to maintain Waqf. Many emperors built mosques, they were all witched and arrangements were made at the local level for their management.
The Delhi Sultanate in India begins with Qutubuddin Aibak (1206–1210) and Aibak is considered the first ruler to lay the foundation of Islamic rule in India. In his reign and then, rulers such as Iltutmish (1211–1236) promoted the practice of dedicating properties to mosques, madrasas and other charitable works, which were early forms of Waqf. However, historical documents did not clearly say who was the first ruler to ‘implement Waqf’, but the rule of Iltutmish began to organize Islamic laws and traditions, including Waqf.
Waqf in Mughal period
In the Mughal period, Babur (1526–1530) and later Akbar (1556–1605) gave the Waqf more organized. Akbar encouraged Waqf for charitable works and land grants during his reign, which made this practice widely prevalent. Therefore, if we want to take the name of a ruler, Iltutmish can be considered as the initial contributor in establishing Islamic traditions like Waqf in India, although this practice was gradually developed and exactly its name may have been Waqf, it could not say that, but such assets in which donated items were Waqf.
Waqf in British period
Regarding the introduction of Waqf, famous historian Professor Irfan Habib said in a conversation with Aaj Tak Digital that, its history goes from the British period to the beginning of Islam. Professor Habib explains, “The Waqf Board was formally launched by the British Government in 1913. After this, the Waqf Act was formed in 1923, which gave it a legal basis. But even before that the practice was present at the individual level. People left their property for help, education and religious works of the poor.” According to him, at that time the landlords and the Nawabs had additional assets, which they donated for the interest of the society.
According to Habib, “the British government tried to organize an already existing system. After independence, this system continued under the Ministry of Minority Affairs. It was amended from time to time, such as in 1995, but maintaining the original spirit remained a challenge.” According to Irfan Habib, ‘Waqf property is not just land. It may also include buildings, cash or any other property. Earlier the zamindars used to donate part of their property, but today this practice has reduced. They say that its aim was to be used for the poor, education and religious works. The people of the community and the representatives of the donor used to form boards, which the government used to monitor.
Waqf’s current status is worrying
Saying all these things, Irfan Habib also expresses concern over its current situation. He says, ‘All of the property who do not have any owner become the owner. The same happened with Waqf properties. They were misused in many places and governments did not control properly. He further says, ‘People want honesty to come in it, but it is also necessary that its control should be with the community. If the government becomes its owner or outsiders intervene, then its basic objective is over.
Habib insists that some people doubt the new amendments of the government. He says, ‘This is a big real estate. People feel that it may be the intention of occupying it, which is a matter of concern. Historian Habib explains the roots of Waqf in Islam, ‘The system of donations in Islam was from the beginning, such as Zakat and Fitra. But the idea of witnessing the property later developed.
In general, Habib believes that arrangements like Waqf are in different names and forms in different parts of the world, but their basic purpose is to use property for charitable works. In his conversation, he says, ‘It is also not necessary that if he is in another country, then his name is Waqf, some other name can be, after all, charitable work is done everywhere. ” Habib believes that Waqf is a system that was created for the society. It is our common responsibility to move it forward with the same spirit.
What is the importance of Waqf?
Similarly, Maulana Khalid Rashid Firangi Mahali (All India Muslim Law Personal Board member, Lucknow) says, ‘The way Namaz, Roja and Haj are important in Islamic law, Vaqf is also important. The tradition of Waqf in India has been going on for the last about 1400 years. They further explain, ‘Waqf means in the easy language that when a person removes his property from his own affair, with the intention that it reaches the bandh of Allah, it is called Waqf.’
The tradition of Waqf has been personal
He says that misunderstandings are often spread about Waqf. ‘Allegations that the Waqf Board occupied a land, is completely baseless. No land that is not our own, it cannot be witnessed. Muslims have donated their land for Waqf from the beginning. Maulana Khalid says that most of Waqf’s lands around the world are in the form of religious places. “More than 90% of Waqf properties are present as mosques, dargahs, cemeteries and Imambaras.” They emphasize that this tradition has been at a personal level from the beginning, not in an organized form by a ruler or emperor.
Overall, Waqf is a religious issue, but one of its truth is that religion has remained less and the intention has changed. There is also a need to improve this intention. How effective this improvement will be from the amendment bill that the central government is bringing, it will be a matter to be seen.
-
-
-
-
