WAKF PROPERTIES THIRD LARGEST IN INDIA Why Muslims are so poor?

Wakf properties third largest in India, why Muslims are so poor?  Recently the Govt. of India introduced the Wakf Amendment Bill 2024 in Parliament. After hot discussion in the parliament the said Amendment bill has been referred to the Joint Parliamentary Committee (JPC) Discussions and debates are going on throughout India regarding wakf properties. It is said that the wakf boards in India is third largest property owner first being defence and second is railways.

The question arises to my mind that when the Muslims in India are third largest property owners even then they are so poor in all respects. The Sachar Committee described in its report that Muslims are backward than Dalits in India.

Following are the facts and figures of wakf properties in India based on Sachar Committee report submitted to the government of India in November 2006.

The Wakf

Generous Muslims adhering to the principles of endowment embedded in Islam often bequeath large and valuable acreage of properties in the name of God. The proceeds from these properties are dedicated to meet the exclusive needs of the poor and also to the perpetual maintenance of the bequeathed property. This type of property bequest made by Muslims is called wakf.

Wakf Assets in India

There are more than 4.9 lakh registered Wakfs spread over different states and union territories of India.  Large concentration of the Wakf properties is found in West Bengal (148,200) followed by Uttar Pradesh (122,839).  Other states with a sizeable number of Wakfs are Kerala, Karnataka and Andhra Pradesh.  The total area under Wakf properties all over India is estimated at about 6 lakh acres and the book value at about Rs. 6,000 crores.  However, the market value of these properties will be higher manifold.  For instance, a recent estimate of the current value of Wakf properties in Delhi alone is in excess of Rs. 6,000 Crores (Rs. 60 billion).  A good number of the Wakf Properties in urban areas are found to be located in city centres where the current value is many times more than the book value.  However, the current annual income from these properties is only about Rs. 163 crores.

As the book values of the wakf properties are more than 70 years old the current value can safely be estimated to be several times more and the market value of the wakf properties can be put at rupees 2 lakh crores. If these properties are put to efficient and marketable use they can generate at least a minimum return of 10% per annum which is about rupees 20,000 crores.

“It has emerged from the studies that wherever the Wakf lands have emerged to efficient use they have generated an average return of about 20 per cent”.  It is obvious, therefore, that if some of these Wakf properties situated in prime locations across the country are developed and put to commercial use, their market value and annual income will shoot up.  The enhanced Wakf income could be utilized to upgrade the educational status and improve other human development dimensions of the beneficiaries of Wakfs.  This is being done even now but such success stores are few and far between.  The optimum utilization of Wakf properties would require proper administrative back up by the central and state governments as well as legislative support by way of crucial amendments to the Wakf Act and some other pieces of existing legislation.

The minimum income of Rs 20,000 crores per annum on wakf properties if economically, honestly, efficiently with integrity is utilized for the educational and business purposes of Muslim community in India, I assure you that within 5 years the Muslims in India will be upper middle class. If Muslims in India are permitted to utilize the income of wakf property there is no need of any help or support to the Muslims in India by the Governments.

Encroachments on Wakf Properties by Governments

Some instances of unauthorized occupation of gazetted Wakfs by governments and their agencies reported to the committee by various state wakf boards during 2005-06 are as, Delhi – (316) properties, Rajasthan – (60), Karnataka – (42), Madhya Pradesh – (53), Utter Pradesh – (60), Odisha – (53). There remains many states who have not reported government’s encroachment over wakf properties.

Encroachments on Wakf properties by Mutawallis

Though there are conscientious Mutawallis too, yet there instances where Wakfs’ are treated by Mutawallis as their personal properties. From dargahs the offerings are sometimes appropriated by them. In any case, Mutawallis are classicality known for not coming forward to seek grants or loans from Central Wakf Council or Wakf Boards for the development of the Wakf properties. Proposals to educational institutions are replaced by them for construction of shops. Rental’s negotiated at low level in lieu of extraneous considerations. Despite the above mentioned efforts, the management of the Wakf Boards and the properties remain unsatisfactory due to inadequate empowerment of the State Wakf Boards and Central Wakf Council.  Wakf properties which sub-serve the larger public interest should be protected as such. However Wakf properties where specific religious rites are observed because of the importance of the site should be respected. Such a policy will lead to effective social cohesion and economic development. Therefore an effort should be made not to include such properties in land acquisition.

Conclusion and Suggestion

Wakf properties are God’s properties. The proceeds from these properties are dedicated to meet the exclusive needs of poor Muslims. The Governments and Mutawallis are in no way claim the right in God’s properties. The authority of the Governments are to regulate and strengthen the powers of wakf boards to utilize the proceeds of these wakf properties to fulfill the very objective of wakf.

The mutawallis are only care takers of wakf properties and in no way they have any right of what so ever in God’s properties. They can very well take care of wakf properties to fulfill wakf objectives.

This Article brings to light the deeper malaise and misuse of wakf properties by Governments and Mutawallis. Such a state of affairs exist due to a number of organizational, managerial and legal impediments. The details provided above should be sufficient to initiate corrective action especially by the Governments and legal system which will enable the wakf to put the properties to good use for expanding and augmenting and putting at proper level the welfare activities of wakf.

It is possible to use the wakf properties to put in place world class facilities such as universities, colleges, hospitals, health care centers and convention Centre.

Secondly, the properties illegally encroached or sold out by the mutawallis should be recalled and handed to the wakf boards and incomes of these properties should be utilized for the welfare of Muslim communities.

Thirdly, the wakf properties encroached by private individuals, contractors, politicians, industrialist etc. should be recalled and be treated as wakf properties and be properly valued and income should be ascertained as per present market value and best be utilized for fulfilling the very wakf objectives.

Fourthly, the wakf properties under litigation should be decided by the fast track wakf Tribunals and the income be utilized as per the wakf objectives.

Fifth, the wakf properties should be surveyed by the wakf commissioners as provided in the wakf Act, its proper registration and valuation be done and the incomes of these properties should be utilized for the welfare of Muslims.

Last but not the least the Government should constitute the think tank of Muslim intellectuals consisting of economists, educationalists, architects, valuers, Charted accountants, advocates, doctors and expert in the field as independent expert body to manage the wakf properties. There should not be any politician or any Government interference in the functioning of this expert committee. The committee should be given total autonomy to manage the wakf properties for the welfare of Muslims in India so that the very objective of the wakf will be fulfilled.

The proposed Amendment to the wakf Act is designed in such a way that the powers of wakf Boards and wakf Tribunals can be curtailed and be handed over to the district collectors to manage the wakf properties which is illegal and defeat the very objectives of the wakf. By these Amendments it can be easily viewed that the central and state Governments wants to have these wakf properties of their own and deprived the Muslim communities.

The Government instead of amending the wakf act should work honestly on the above suggestions so that the proceeds of these wakf properties will be utilized for the welfare of Muslims and the very objectives of the wakf will be fulfilled.

If the above suggestions are implemented honestly and the incomes of these wakf properties are honestly utilized for the welfare of Muslims, I assure you that within five years there will not be single poor Muslim in India and it will contribute for lifting India from clutches of poverty, and India will become poverty free developed country by 2030 instead of 2047 as claimed by the Prime Minster of India.