Waqf Act: How the British initially shaped it, only for Congress to hand it unchecked power after independence

The Waqf Board's sweeping powers today trace back to colonial-era laws, later expanded drastically by Congress, allowing it to claim properties with minimal checks.

OpIndia : In 1954, under the first Prime Minister of India, Pandit Jawaharlal Nehru, the Waqf Act was introduced, replacing the 1923 law. The law established Central and State Waqf Boards to oversee properties

Waqf has a long, winding history in India. Initially, back in 1894, the British came up with the Waqf Bill for the first time via a judgment. At that time, the British were grappling with its legal status. From 1894 to 1947, laws and amendments were introduced to shape the Waqf Act’s legal system. Later, after 1947, the Congress-led government eventually turned it into a system with far-reaching authority. So much so that now Waqf Boards can claim any property using several clauses, and the onus to prove the land they have claimed is not Waqf lies on the actual owner, which in many cases is the central or the state government.

Waqf was initially supposed to be about charitable endowments, which has drastically changed over time. It has grown into something much larger, often at odds with the secular framework of the country. The initial rules were indeed set by the British, but it was the Congress that took it further—and took it too far. Here is how the Waqf has changed over time.

British rule – A shaky start for Waqf

Waqf properties were dedicated under Islamic law for religious and charitable purposes. However, under British rule, Waqf faced legal hurdles. In 1894, a landmark judgment by the Privy Council in Abul Fata Mahomed Ishak vs Russomoy Dhur Chowdhury sent a shockwave through the Muslim community. According to the judgment, Waqfs which benefited the founder’s family were declared invalid. The Council cited English law’s aversion to perpetuities as the basis of the judgment.

It was not a minor ruling and challenged a tradition stretching back to the Delhi Sultanate. Notably, Sultan Muizuddin Sam Ghaor gave villages to Multan’s Jama Masjid, which continued through the Mughal era’s vast Waqf holdings. The decision by the Privy Council caused uncertainty among the Muslim community.

The case that led to the establishment of the foundation of the Waqf Act stemmed from a family feud over a Waqf property in Bengal. Two brothers, Abul Fata Mahomed Ishak and his sibling, had created a Waqf property as per Islamic law. The intention behind creating it was to provide for their descendants. The remaining benefits would eventually flow to charitable causes. Following the death of the founders, a creditor named Russomoy Dhur Chowdhury challenged the validity of the Waqf in court.

Read it all here......