Which changes in the law do Muslim communities object?
Right now, the definition of Waqf states that any person can give any of his property to Waqf. But after the amendment, it will change to that only those Muslims will be able to give their property to Waqf who have been following islam for the last five years and who have full ownership of that property. Earlier, Waqf could be made for a particular family, but there is no such provision in the new amended law. Waqf can be made only for religious or any good work. If there is no one left in the family, then the income of Waqf will be used for education, development, care of divorced women and children. Its rules will be decided by the Central Government. At the same time, in the amended bill, some rights have been given to the Collector, which were earlier with the Waqf Board.
Earlier, to register a Waqf, the rules of the Waqf Board had to be followed. But now, according to the new law, a deed is necessary to create a Waqf. That is, you have to prepare a document which states which property you are waqfing and for what purpose.
How is Waqf managed?
Waqf properties in india are managed under the 'Waqf Act 1995'. However, the law for the management of Waqf has been in force since 1913, when the Muslim Waqf Validating Act came into force. After this, the Muslim Waqf Act 1923 came and then after independence, the Central Waqf Act 1954 was made, which was later replaced by the Waqf Act 1995. This law was again changed in the year 2013. Now, occupying Waqf property can lead to a jail sentence of two years. Also, selling, gifting, changing, mortgaging or transferring Waqf property is completely prohibited. Almost all the major mosques in the country are Waqf properties and come under the state Waqf Board.
The Waqf Act provides for the appointment of a survey commissioner. This officer makes a list of all Waqf properties by conducting local investigation, calling witnesses and seeking government documents. Waqf property is managed by a Mutawalli and any dispute is decided by the Waqf Tribunal. Apart from this, Waqf Boards have also been formed to look after Waqf properties.
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