For Prelims:

• Waqf Bill 2024 (Waqf Amendment Bill)
• Types of waqfs: waqf khari (public waqf), waqf al-ahli (family waqf), al-waqf al-mushtarak (public and family waqf)
• Koranic verses related to charity (approximately 20)
• Muslim countries that abolished or restricted family waqfs: Egypt, Syria, Kuwait, Iraq, Tunisia, Libya, UAE
• Section 2(1)(r) of the Waqf Act 1995

For Mains:

• Evolution and reforms in Islamic charitable institutions
• Balancing religious practices with modern legal frameworks
• Gender equality in inheritance rights across different personal laws
• Role of parliamentary committees in refining sensitive legislation
• Challenges in managing and protecting waqf properties in India

Highlights of the Article

• Analysis of the proposed Waqf (Amendment) Bill 2024
• Historical and theological background of waqf in Islam
• Comparison of family waqf practices across different Muslim countries
• Discussion on the impact of colonial rule on waqf interpretations
• Proposed reforms in family waqf to protect women's inheritance rights

Context The article discusses the Waqf (Amendment) Bill 2024, which has been referred to a Joint Parliamentary Committee. It analyzes the proposed changes, particularly focusing on family waqfs, and their potential impact on inheritance rights and property management within the Muslim community in India

UPSC EXAM NOTES ANALYSIS

1. Family Waqf

• Some of their concerns are valid, as changes like allowing waqf to be abolished by a user and giving excessive powers to the District Magistrate could weaken the protection of waqf properties.
• While the Bill lacks substantial measures to tackle the issue of illegal encroachment of waqf properties, it does include some positive aspects, such as the digitization of waqfs and the inclusion of women and non-Muslims in waqf boards.
• Similarly, the proposed reforms on the contentious issue of family waqf should be seen as a positive step. It is important to understand the reasoning behind family waqf, how colonial courts addressed this unique form of waqf, and the changes that have occurred in the Muslim world.
• Although the Quran does not explicitly mention the term waqf, it contains around 20 verses that encourage charitable actions. Waqf is a distinctive Islamic practice of charity, aimed at helping the poor and underprivileged.
• Once a property is designated as waqf, its principal cannot be sold, gifted, or transferred; only its use can be utilized. There are various forms of charity in Islam, including sadaqah (voluntary almsgiving), zakat (mandatory 2.5% of income), and waqf (voluntary and generally not limited to immovable assets).
• Waqfs can be categorized into three types: waqf khairi (public waqf) entirely dedicated to the welfare of humanity; waqf al-ahli or waqf alal-aulad (family waqf) for the benefit of one's family; and al-waqf al-mushtarak (a combination of public and family waqf) for the benefit of both the family and society.
• Family waqf is not only based on the saying "charity begins at home," but it also has religious backing, as it emphasizes prioritizing charity to family members. The Quran specifically encourages spending on parents and relatives (2:215).
• The Prophet also mentioned, "A dinar spent in the path of Allah; a dinar spent on a poor person; a dinar spent on your family; the greatest reward is for what you spent on your family."
• Abu Talah 'Obid Allah was the first to establish a family waqf with the Prophet's approval. Following the revelation of the Quranic verse, "By no means shall ye attain righteousness unless ye give (freely) of that which ye love" (3:92), he endowed his garden called Biruha. The Prophet’s wives, including ‘Aisha, Hafsah, Umm Salamah, and Umm Habibah, also created waqfs for their family members, while Safiyyah created a family waqf for her brother, who was Jewish. Similarly, nearly all companions who owned property established waqfs.
• For instance, the first Caliph Abu Bakr endowed his house to his children; the second Caliph ‘Omar endowed his land at Thamgh to his children; and Sa’d ibn Abu Waqqas endowed his house in Egypt and Madina to his relatives.
• Family waqfs were used, besides religious reasons, to protect property, especially agricultural lands, from being divided. They aimed to increase fixed assets, shield property from wasteful heirs, and ultimately serve public welfare.

2. Waqf across the World

• Different Islamic schools of thought have varying views on family waqfs. While some consider them invalid, others allow creators to benefit from their own endowments, potentially encouraging more waqf creation.
• The legal status of family waqfs has evolved over time, influenced by colonial rule and changing interpretations. In 1894, the Privy Council initially invalidated family waqfs, but this decision was reversed in 1913. Some scholars criticized the original ruling as misinterpreting Islamic law.
• Colonial influence led many Muslim-majority nations to restrict or abolish family waqfs between the 1940s and 1980s. In several Asian countries, including India, family waqfs are permitted but lack the privileges of other waqf properties. They are often excluded from waqf surveys and face limited statutory oversight.
• Family waqfs in India do not enjoy the same tax benefits as charitable trusts. The Income Tax Act of 1961 requires family waqfs to pay taxes, even when funds are used for both familial and charitable purposes.
• Estate duty may also apply to property transfers within family waqfs, despite this concept being foreign to traditional waqf principles. Land reform laws have led to government acquisition of many agrarian family waqfs at minimal compensation.
• The Waqf Act of 1995 does recognize family waqfs in its definition. It stipulates that if the line of succession ends, the waqf's income should be directed towards education, development, and welfare purposes

3. New Section and Implementation

• The 2024 Bill introduces a significant change through Section 3A(2), aiming to protect inheritance rights, particularly for women, in family waqfs. This reform limits the creation of family waqfs to one-third of an individual's property if all heirs are excluded, and prohibits the complete exclusion of female heirs.
• However, this provision has a potential loophole: if even a minimal benefit is granted to female heirs, even if it's substantially less than their rightful share under Muslim inheritance law, the family waqf could still be considered valid.
• This reform raises questions about equitable treatment across different personal laws. For example, under the Hindu Succession Act of 1956, a Hindu individual has the ability to bequeath their entire estate to a single son, potentially disinheriting other heirs, including daughters.
• This highlights a disparity in inheritance rights between different communities. Furthermore, despite legal provisions, the actual property ownership among Hindu women often falls short of their entitlements under the 1956 Act.
• These discrepancies underscore the complexities of balancing religious practices with modern legal principles and gender equality across various personal laws in India