Fiqh Academy’s Waqf seminar
By Abdul Bari Masoud /New Delhi
Islamic scholars, Uelama and community leaders have demanded the government to hand over the Waqf management to the Muslim community on the pattern of Shiromani Gurdwara Parbandhak Committee.
At the international seminar on ‘Awqaf in India: Challenges and Problems’ in New Delhi recently, delegates were of the opinion that until the present structure of Waqf management is not changed, the community cannot realize the potential of huge Waqf asset in the country.
In his opening remarks, Maulana Khalid Saifullah Rehmani, Secretary General of Islamic Fiqh Academy, said in the present Waqf Boards which run Waqf affairs, there are less elected Muslim members from the community than the nominated by the government. He suggested that if the community gets to run Waqf affairs without any government interference, then Muslims do not need any government help to move forward.
Tracing the origin of Waqf in the Indian Sub-continent, Maulana Rehmani said after the advent of Muhammad-bin-Qasim in 711, establishment of waqf began in India. He also pointed out three weaknesses in the newly amended Waqf Act, 2103: first the Government had promised that the waqf property shall be regarded as public property at the time of evicting persons from the waqf properties that have been encroached, but it was not provided in respect of the waqf. Second, in case of any dispute on waqf property, there is no fixed time for the Tribunal to dispose of the waqf cases, so arbitration period should be 6 months or maximum one year and if the Government acquires any waqf land, it must pay its price at the market rate. He suggested that the Waqf act must reflects the aspirations of the Muslim community.
Presiding over the Seminar – organized by the Islamic Fiqh Academy in collaboration with Auqaf Public Foundation, Kuwait and Jeddah-based Islamic Institute for Research and Training, Jamiat-i-Ualma Hind president Maulana Arshad Madni said it was the just demand of Muslims that the government should hand over all the waqf properties in its possession to the community. He said the Jamiat-i-Ualma Hind has been struggling since 1947 to retrieve the waqf properties which were in adverse possession.
Echoing his views, ex-president of All India Muslim Majlis-e-Mushawarat and Editor Milli Gazette, Dr Zafarul Islam Khan said central and state governments’ agencies have usurped 60 to 70 per cent waqf properties and this encroachment trend began since the advent of British in India.
He said successive governments had no good-intent about waqf; otherwise it was not left the provision for eviction of unauthorized occupants in the just passed Waqf Amended Act in 2103. He suggested that the community should launch a mass movement for eviction of waqf properties. He also suggested that Islamic seminaries should give due focus on waqf subject in their syllabus.
In their papers, foreign scholars highlighted the waqf activities in their respective countries. Woman representative from the Awqaf Public Foundation, Kuwait Dr. Amal Husain Adalal said Kuwait has been doing excellent work in the development of waqf. She informed about experiences in the field of development of resources and investment. She asked the delegates to follow Kuwait model for development of waif as it is earning 4 million dollar annually from its waqf properties. It is really laudable that Kuwait is a tiny and prosperous country despite that it developed waqf properties to highest level. The scholar from Bahrain Dr Habib Namality focused on waqf management in his country. He revealed that all waqfs in Bahrain are registered with Google mapping.
Dr Mohammad Ubaidullah, representative of IRTI, suggested that India can take a cue from Singapore and Malaysia for developing waqf properties.
The seminar also drew the attention of the community that a beautiful mosque in Sonipat (Haryana) was turned into a temple after the partition of the country. Its case was won by the Haryana waqf board from Supreme Court but no one has courage to take back the possession of the mosque.
Since independence of India, Muslims and their organizations have been struggling to save and protect the waqf properties spread over the length and breadth of the country as more than 50 per cent of the properties (including in prime locations) are still in the illegal possessions of the Central and state governments’ agencies and departments.