A petition has been filed before the Supreme Court by Congress Member of Parliament (MP) Mohammad Jawed challenging the Waqf Amendment Act for being discriminatory towards Muslim community and violating their fundamental rights. Jawed, the Congress party whip in Lok Sabha, was a member of the Joint Parliamentary Committee on the Waqf (Amendment) Bill of 2024.He has contended that the law violates Article 14 (right to equality), 25 (freedom to practice religion), 26 (freedom to manage religious affairs), 29 (minority rights) and 300A (right to property) of the Constitution. Interestingly, the Act is yet to come into force as a law. The Waqf Amendment Bill was cleared by both the Lok Sabha and Rajya Sabha and is now awaiting Presidential assent. According to the petition filed by Jawed through advocate Anas Tanwir, the Act discriminates against the Muslim community by imposing restrictions that are not present in the governance of other religious endowments.
History of Waqf
The word “waqf” has its origin in the Arabic word “waqufa,” meaning to detain or to hold or to tie up.
Waqf, in Islamic law, refers to a charitable endowment where an individual dedicates property for religious or philanthropic purposes.
Once designated as waqf, the property cannot be transferred through inheritance, sold or given away.
Waqf Structure
The wāqif is the founder who establishes the waqf, either through a written declaration or by verbally expressing their intent to dedicate the property.
The beneficiaries, referred to as mawqūf ‘alayh, are those who benefit from the waqf.
The mutawalli, or trustee, who is responsible for managing the waqf.
The origins of waqf law in India can be traced back to the pre-colonial era, where Islamic rulers and nobles frequently endowed properties for religious and charitable purposes. In pre-colonial India, Hindus and Muslims followed their personal laws in family affairs while the judicial system was based on customs governing communities and different walks of life. The British political system replaced this system with a uniform judiciary.
Waqf cases were frequently brought before the Privy Council from various Muslim-populated regions within the British Empire. The British legal system refused to recognise family waqf as a legitimate institution in the late 19th century. Such waqf remained invalid for two decades before the promulgation of the Mussalman Wakf Validating Act in 1913.