Over1,000 Waqf properties in Assam have no known managers, board admits gaps

Guwahati, May 5: The new law brought in by the Centre has put the glare on the Waqf management system, which, over the years, has been marred by corruption and mismanagement. As the raging debate over the new law generated increased awareness and discussion over the management of Waqf properties, indigenous Muslims feel reforms are indeed required to set the house in order.

The Assam Board of Waqfs has around 2,654 registered properties, according to the official portal of the Ministry of Minority Affairs. Of these, 880 are under the Mutawalli system, 724 are under management committees, eight are directly managed by the Board and nine are under administrators. The management of 1,033 properties is unclear, as no management name was mentioned in the portal.

Moreover, 25 are under litigation, and the Board does not have information on 192 others. Of the total properties, 1,315 are Madrasas and 724 are shops. Kamrup Metro alone has around 1,070 Waqf properties.

Waqf Board officials admit that the figure is just an estimate, as there could be more unsurveyed properties. No proper survey of the properties was ever carried out. In Silchar, almost all the properties were sold off, it is learnt.

There have been stark inconsistencies in the income generated from the properties. The total income declared by the Waqf properties in the state in 2015-16 was over Rs 70 lakh. However, in 2018-19 it dipped to Rs 58 lakh and in 2019-20, it came down to 15 lakh. Data is not available in the official portal since 2020-21.

Officials also admit no proper audit was carried out in the past, which has led to irregularities and income fluctuations.

With defaulters piling, the Assam Waqf Board has been taking recourse to notices. However, with limited manpower, monitoring and supervision have been restricted.

“Majority of our population, including Muslims do not have a clear idea about the locations and amount of the Waqf properties and how they are managed. The number of properties donated as Waqf is not properly known to the common people, though some mechanism has been made to publish the same, with some information in the public domain. It is also not very clear who the beneficiaries are and how they are benefited,” said Dr Nurul Amin, former Vice Principal of Jorhat’s JB College, agreeing that inherent weaknesses in the present system need to be addressed.

Former chairman of the Assam Board of Waqfs Nekibur Zaman also felt that immediate reforms are required, given the rampant corruption, mismanagement, encroachment and misuse of the Waqf properties. “The properties were donated for the welfare of the society, and this needs to be ensured,” he added.

‘Waqf’ is a provision made in the Islamic way of life, where a person donates his property in the name of God, and for the cause of religion or the betterment of family members and society. Once the property is donated it becomes God’s property and it cannot be taken back. The donated properties are managed by some individuals or bodies. The person who donates the property is known as ‘Waqif’ and who manages the same is known as ‘Mutawalli’. The provision of Waqf is as old as Islam. In the present system, a small portion of the income goes to the Waqf Board, depending on the type of donated property, while the rest is used for charitable purposes.

While sections have welcomed some positive features of the new law, many argue several “problematic” clauses may destroy the Waqf administration, and make it practically impossible to reclaim Waqf properties where there is government encroachment.

Seniors in the community say that provisions in the new law like the formation of the Waqf management board and committees and their composition, the provision for determining Waqf properties and control of the Central Government over the Waqf properties etc. have created some mistrust.

“It has been argued that since the issue of Waqf is related to religion, the government should allow the persons of the community to control and manage the same. The government should monitor the efficiency of the functioning of the bodies and make the process more transparent, so that the society gets maximum benefits out of it, as per the wish of the Waqif,” Dr Amin added.

According to a former bureaucrat, the provision in the new law which stipulated the appointment of non-Muslim members in the Waqf boards directly intervenes with the community’s right to manage its affairs. Also, the applicability of the Limitation Act, of 1963 to Waqf properties is seen, by many, as opening up of possibilities of claiming titles through adverse possession by persons who have unlawfully possessed Waqf properties for more than 12 years.

A study says that a proper management of the Waqf properties of India may mobilize huge resources which may be used for the development of the community.