Waqf And Property Rights: Striking A Balance Between Reform And Religious Tradition
T Saroja Devi, Research Scholar, VELS Institute of Science, Technology & Advanced Studies (VISTAS)
Dr. A Suganthini, Research Supervisor, VELS Institute of Science, Technology & Advanced Studies (VISTAS)
ABSTRACT
One of India's largest landlords is the Waqf Boards, dedicated exclusively for religious purposes under the Islamic law. The transfer of the property is irrevocable once the ownership has been transferred to the Waqf. Management is by a Mutawalli, appointed by the competent authority or waqif. The purpose of making the waqf property can be used for the specific reason, the person not only giving the property for the mosque or religious charitable trust but also for the other purposes like supporting the poor and needy, maintaining the other religious institution, providing education or funding other charitable causes.
A big issue in Tamil Nadu recently was the land of the farmer with his family for years amounting to some 400 acres, belonging for Hindu generations. When the farmer was about to sell the land, the local registrar’s office told the farmer to get permission from the Waqf Board. Once the property is owned by waqf, the person cannot claim through the civil courts so where is the remedy for this?.
Waqf amendment Bill 2024, the Government aim for this is that the to protect Women’s Right, to reduce litigation, to update the modernise management of Waqf properties, to give the judicial oversight in decisions made by tribunal, to ensure fair representation in the Central Waqf Council and Waqf Boards and towards the proper coordination with the revenue department. In this paper, the main view is about the origin of the Waqf Board before the amendment and other amendments, the Tamil Nadu village controversy issue, and the pros and cons of the Waqf Amendment Bill 2024.
Keywords: Waqf, Origin, Property Rights Issues, Amendments, Constitutionally, Waqf Bill 2024
