Transcript for:
Understanding the Waqf System in India

Waqf property's permanent ownership belongs to 'Allah' so it was forbidden to talk about humans. As soon as the sting operation done by India Today's on Waqf comes to light everybody was astonished. Fake news was spread that Waqf Tribunal consists of only Muslims they can acquire whichever property they life. In year 1995, BJP itself came together with Congress and brought Waqf Bill in the parliament. Muslim community had few lands but Waqf had more lands. Owner of Waqf property no. 3068 in Meerut, Kamal Ahmad... The revenue of only 200 Waqf property in Singapore is 42.7 crores. And how can the revenue of India's 5 lakh property be only 163 crore? Zakat & Sadaqah-e- Jaariyah is the only option. For Vijay Malya's liquor business, Waqf property was given on lease which is crime in Islam. We'll further talk about Waqf but before that let me tell you that with technical advancements, everything has ben digitised. 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So, download Pop UPI from the link in the description now. So, coming back to the topic, The concept of charity in the world has been going on in different religions since ancient times. Like, in Chapter 17 of Bhagavad Gita - Shloka 20 & 21 - Virtuous donation, Royal donation is being told about in it. Similarly, in Islam charity is called as Zakat & Sadaqah. In verse 215 of chapter 2 - Sura-al-baqara in Quran Sharif, talks about this. In verse 134 of chapter Sura-al-Imar, it has been mentioned about and the Ayat that you're looking on the screen all these have mentioned about charity & I'm telling all these because it is linked somewhere with Waqf's system. So, along with Charity Islam mentions another thing, which has been talked about a lot. which is Continuius charity. In Islam its called as, Sadaqah -e- Jaariyah. Hazrat Abu Hurayra's Hadid no. 1631 tells about continuous charity i.e. Sadaqah -e- Jaariyah. A charity done in the path leading to god and people can benefit from that charity even after that person's death, it wouldn't ever stop so the person who did the charity, should reap its fruit even after he dies, it shouldn't stop. And this concept is called as Sadaqah -e- Jaariyah. And in today's date, the news that you read daily about Waqf board that entire concept is based on this continuous charity i.e. Sadaqah -e- Jaariayh. Otherwise, in Quran Sharif the word 'Waqf' hasn't been directly mentioned anywhere. Now, further when I'll tell you every detail in the video then you'll actually understand that why is there a chaos in India regarding it. I won't say any of the lines from my side, you'll get the proof of everything in the description. You can verify. Now, Hazrat Prophet Ibrahim & Hazrat Prophet Ismail used local stones in Mecca and made Kaaba Sharif so that people can worship 'Allah. And this incident is mentioned even in verse 127 of chapter 2nd, Al-Baqara. I'm saying as it is. So the construction that was done, followed both the principles of continuous charity i.e. Sadaqah -e- Jaariyah. Firstly, it was dedicated to the - Path of Allah. And secondly, until today's date people worship here. And this is the reason that, people consider Kaaba Sharif as Sadaqah -e- Jaariya i.e. Continuous charity. And Kaaba Sharif was considered as the 1st Waqf in the world now you would have a question that - why was the word 'Waqf' used? Why didn't they use something else? So, just wait a bit. You'll understand everything. Rest, some historians - Birkit Habash which is a pond, is also considered as 1st Waqf but if you search in most places, then Kaaba Sharif is considered as the 1st Waqf. Rest, whatever I'm telling you - if you search that then in many places, you'll get 2 point of view. So, I took the famous ones & I'll tell you that only. So, now when this first incident took place of continuous charity i.e. Sadaqah -e- Jaariyah then it became a very famous example in front of people & until this time, the word 'Waqf' wasn't used much. So, Sadaqah -e- Jaariyah was used everywhere. So, after 2000-2500 years later to it i.e. around year 634 A.D. such an incident occurs due to which the concept of Sadaqah -e- Jaariyah i.e. Continuous charity becomes famous far to the middle east. And this incident has been mentioned in the book - Kitab Al Shuhud in Hadid 24 chapter 54, which is still referenced when they talk about Waqf. So, at this time 2nd Caliph Hazarat Umar goes to Hazarat Prophet Muhammad & tells him that, I've a very good land in Khaybar so if I want to use this land in a very good way, then what will it be. At that time, Hazarat Prophet Muhammad tells him, to do Sadaqah -e- Jaariyah. By doing this, even after you people will get benefit from the land. Means, stop this land from private use, do Sadaqah -e- Jaariyah. By doing this, the land can neither be sold, neither can be given as a gift, neither can be donated, nor can be given to anyone in heritage and this land will be used only in public welfare. Means whatever profit will be generated from this land will be used for poor, slaves, guests, travellers. And this land will be removed from private use and be in possession of Allah and even after you, continuous charity will take place where you'll benefit from it continuously even after departing from this world. So, Waqf property's entire core is designed on this concept. Now, this incident was talked about until far places. People were more interested than a normal charity, they wanted continuous charity. So that instead of getting the benefit once, they would get continuous benefit. So, in the entire middle east Sadaqah -e- Jaariya became a tradition. Arabs resided in this region, who spoke Arabi. So, there's a word in Arabi - Waqoofa which is also known as awqaf or waqfa. This means - to stop something, to hold something or tieing up something. So at this time when people were doing Sadaqah -e- Jaariya in the entire region i.e. they were stopping properties from private use and donating in the name of 'Allah' the in normal conversation, some people would even say that this land has been Waqf'ed. In Hadid, 2737 of Sahih Al-Bukhari, you'll find stop this land & keep its benefit for people. So, the word of 'Stop it' some people joined it with 'Waqf it'. After this, in the coming 20-25 years this entire region of middle east Sadaqah -e- Jaariyah i.e. Continuous charity had become very famous. and was being used as a tradition. Now, this charity was being done but there was lot of mismanagement in it. There wasn't any organized structure. But at the same time, Persians, Egyptians and Jews the charity that was being done at their place was done in an organized way. They already had an organized structure in which, they were doing charity in a systematic way. Like, in Persia people were donating their resources & land in a systematic way for the operations of Holy Fire Temple. On the other hand, in Islam - the charity that was being done didn't had an organized structure. After this, 20-25 years later i.e. in year 661 AD, Umayyad dynasty was established in the entire region due to which Islamic empire was very powerful in this region. And at this time, Caliph Muawiya Abi Sufyan had the first priority of anyhow giving a formal organized structure to this concept of unorganized continuous charity so that Muslim shouldn't have a confusion regarding Sadqah -e- Jaariyah. So at that time, the model of Persia & Egypt which was already running was made as a base & a similar system was developed and the word 'waqf' had become famous until that time. So, this entire system was named as 'Waqf system' and this 'waqf system' was made for entire humanity, not only for Muslims but further this would change. So, this entire 'waqf system' was developed by Caliph Abi Sufyan and after some time when Abu Yusuf came to power, he defined the law of the waqf system that will be followed by every Muslim while doing charity. So, firstly he started making an official record of all the properties that were 'wafq'ed at that time and when all the records were formed, then in every region he formed waqf administrator. They were also called as - Mutawallis. He appointed them. In fact even in today's date, you'll see in India waqf property is managed by Mutawalli it'll be mentioned further. So, Mutawallis started maintaining the waqf properties in their region, made records and the income that was generated was also recorded. Every small detail like, for which work was the property 'waqf'ed - what is its purpose, every thing was being recorded & Mutawalli was managing but they were just a caretaker. He couldn't take even a penny from the revenue of waqf property after this, they made waqf central registry in which - the property which is under waqf who is the owner of that property, for which purpose was it donated, what is the current status. Everything was maintained in the waqf central registry. So, in this was it was structured & its laws were clearly explained to everyone. Firstly, once a property is under waqf then Allah has its permanent ownership and in any condition - its ownership can't be changed. The person who waqf'ed that property i.e donated - the waqif - even if he wants to become back the owner then he can't be the owner of that property. In fact, even in India Supreme court has told on record that - Once a waqf, always a waqf. So to not have a confusion later on, that's why where can waqf property be used it was clearly mentioned. First, religous purpose. Secondly, charitable purpose. Once you can pause and read all their types of waqf that for which purposes can you do waqf. If Non Muslims want, they can also do waqf but that property can be used for Islamic purpose, a church or Hindu Temple can't be made on it. And along with it, Casino or liquor shop can't be opened on it. And the waqif, i.e. the person who will waqf that property should be the legitimate owner of that property he shouldn't have any debt, only then can he do waqf. Its not like, someone can take a loan and buy a property and then waqf it. And the property that will be waqf'ed, while doing waqf a waqf deed will be formed which is also called as - Sakk Al-Waqf which consists of every small detail. Details of owner, purpose of donation all these details is mentioned in this waqf deed. This works as a legal document. But the most controversial thing was oral waqf. Means, waqif - the donor can also waqf the property orally as well. Without showing the document of that property due to which the problem in future was that, oral waqf didn't had documents, so cases would get stuck in court. So, the new Waqf Act that is brought in 2024 had removed oral waqf from it. So, at this time written & oral waqf paths have been made for both of them. There're types of waqf and waqif i.e. the one who donates their property, the one who will waqf it has his willingness of the purpose he wants to waqf for. Like, these are the types of waqf you can pause & read. Any of these purpose can be chosen. This is the will of the waqif i.e. donor that which of the waqf options he want to choose. Like, while acquiring the property under waqf, if the option of religious waqf has been chosen then that property will be used for Madrasa(religious educational institution) or Masjid (Mosque). There's also a family waqf in it, which is also called as Waqf-ul-Aulad. After acquiring the property under waqf in it, the income that'll be generated from that income can be given to the family members of waqif. Suppose, a property has been acquired under waqf & some rent has been generated from it then some of its portion, if the waqif wants, he can allot it for the members of its property and this is called as Waqf-il-Aulad or family waqf. Waqf-ul-Aulad is even mentioned in Hadid no. 24 of chapter 54 in Kitab-al-Shuhud so all these rules were defined at this time & a proper system of waqf was formed that was used by Arabs a lot. And in future when Ottoman empire was established then it was improved & even more organized. And when the structure of this waqf was formed then the first written record after being formed was found of year 912 AD in which Palestine's Ramallah city's resident, Fa'iq-al-Hadim had waqf'ed a rest house, whose basic terms was written in a stone slab. Now after this, around 200-250 years later in year 1192 AD when Mohammad Ghori attacks India and in the second battle of Tarain and Maharaj Prithvi Raj Chauhan had to face defeat after which, Mohammad Ghori establishes his rule. And after this, the conversation of establishing waqf in India started. Now, according to the rule of Waqf - only those people can waqf a land or donate it, which is their own. And at that time Islamic scholars said that the ruler wins an area by their power & establishes their rule that area is considered is his. Similarly, state land is called as Kharaj Land or Crown land in Sharia. So, Islamic scholars said at that time that, if the rules wants he can waqf that property. So Mohammad Ghori made a model of waqf in India in which he attached nearby villages or lands with the mosques present in India, either it was already there and the ones which were to be made and he waqf'ed them. Now, by doing this the mosques started running in self-sustainable model and the revenue that was generated from the waqf'ed land or villages be it through rent or agriculture supported the operations of the mosques. Imams were given salary from it. So, the waqf started in India through this type of model. The land that was given at that time, were given different names. Like, Madad -i- Maash, Wajih-al-Maash wajih -i- milk, they were called this. At that time India & Pakistan hadn't partitioned. So, there was a Jama Masjid already present in Multan, with which two villages were attached and a person named Shaikh-al-Islam was made the Mutawalli here. So, in India this is termed as the first waqf property. And you'll find all these in the historical text at the time of Firoz Shah Tughlaq named Tarikh-e-Firoz. So, after this even in India a tradition had started to do waqf. And the property was acquired under waqf all the records, who waqf'ed, during which ruler did he do, who was the Mutawalli an official record was maintained for each one, called as Farman. And lot of properties were waqf'ed at this time. In fact, the ruler of Bahmani Sultanate in south, Mahmud Gawan he waqf'ed 5250 Bigha (Indian measurement unit) of Mulher village for Dargah (Mosque). And then even during the time of Jahangir, 20 Bigha of Hajipur, Bihar were waqf'ed. During the time of Aurangzeb, 200 Bigha land of Allahabad was waqf'ed. 30 Bigha land was waqf'ed in Ajmer. And not only Islamic rulers, to maintain social harmony Hindu rulers also donated property like, Chhatrapati Shivaji Maharaj's grandfather donated a water reserve present near Pir Shah Sharif when his wishes were fulfilled. Even Shivaji Maharaj, donated 653 acres of land for Yakub Babar Pir Shohra Wardi's shrine, along with a land for mosque. Many more properties were waqf'ed, since I can't tell it altogether so you can see on screen do pause and read it. The details of their Farmans are mentioned on side. Total properties which were waqf'ed at that time, which I could find was 13,406 Bigha land which were waqf'ed at that time. These are the details that you can see on screen. And it includes cash, shop revenue & whose farmans were missing their details aren't mentioned. Date is mentioned on the right that when they were waqf'ed name of the ruler who issued the farman is mentioned, location is mentioned & even the purpose is mentioned beside. Now the properties that were being waqf'ed, couldn't be used privately again and even in India, a system was formed to manage it. To manage the waqf property at state level, Sudur's were assigned who administered it and managed the grants. At the district level, they managed waqf property by making the post of Sudur-e-Sarkar and at the village level, Qazi used to take care of the waqf property. Rest, the work of collection of revenue of these waqf properties was given to Diwan & the daily activities were monitored by Mutawallis. And at this time, the political and administrative capital of Mughal empire was Delhi. So, all the rulers made their large religious institutes in Delhi itself. And in year 1628, Shah Jahan formed an entire city named - Shahjahanabad in Delhi. Chandni Chowk, Red Fort, the Old Delhi area used to come under this. So now around 28 years later to it in year 1656, Jama Masjid was made in Delhi's area and the land around Jama Masjid was waqf'ed. That's why you'll see that, the conflict of waqf board could be seen in Delhi against the government. And further I'll tell you the reason behind it. After this, as year 1757 comes Britishers start ruling India & Mughals had become very weak until this time. So, when Britishers started to rule India they didn't mess with the religious issue of Hindus and Muslims. Because they knew that by doing this, they can face huge loss. So nobody would doubt on the intention of the Britishers that in future, they'll mess with religious issues - Britishers passed a Royal Farman which is also called as The Regulation of 1772 in which they clearly mentioned that the religious issues of Hindus and Muslims they won't at all interfere in them. So, they didn't mess with the waqf system formed by the Mughals until the coming 30-35 years, waqf system keeps running like before. Now, after this during the time of year 1810 as the time advances, Diwan, Mutawalli & Khadim in Waqf their corruption cases came to light a lot regarding which, people used to come to Britishers. And regarding this, for the first time that apart from Muslims, a 3rd entity starts interfering in the matter of waqf. Now during this time, Britishers already had eyes on the religious lands in India but because of the fear of riots, they had told that they won't interfere but lot of revenue was being generated from these religious properties which were eyed-on by the Britishers and Britishers couldn't lay hands on it. So the corruption cases that were running, causes lot of issues to rise in the coming 20 years and then in year 1820, Britishers bring an Act - The Land Resumption Act, 1828-29 due to which problems rise once again. This act mentioned that at that time, India had so many lands which wasn't giving tax, so due to this act now tax would be collected from them as well. So, waqf property was also not giving tax. It was also impacted by this Act. And as soon as this act was passed, the concept of family waqf was impacted a lot. It became difficult for many Muslim families to survive. Even the religious institutions were impacted. Regarding this the Muslim community protested a lot. And even tried to make pressure. Now, in the beginning the Britishers don't listen to them but in future when the revolt of 1857 started where, religious issue was the main issue where due to cow's and pig's fat, Britishers had to come to backfoot therefore change was brought in this act & waqf property was separated from the tax. From this incident, Britishers understood that if they directly interfere with the religious issues then it'll cause problems. So, Britishers took a different approach after this. So they remain silent for a year and then in the beginning of year 1864 they brought an Act - Kazis Act, 1864. Before this, if there was a conflict on waqf property then Qazi would solve it. So, The Kazis Act, 1864 which was brought by Britishers, said that if there would be any conflict on waqf property the Qazi won't solve it instead, English Judge under English legal principle would look into it in Civil court. In total, they said that now even Qazi won't do anything on waqf property. Now, 17-18 years later to it i.e. in year 1882, The Transfer of Property ACT, 1883 was brought and due to this act, waqf property faced the major loss. In this, they issued certain terms & conditions which directly clashed with waqf property's rules & regulations. In Section 14 of this Act they said that, if there's any waqf property and anyone wants to sell, buy or transfer it, then they had to follow the legal process made by the Britishers. Now according to waqf, its properties are permanently owned by 'Allah' so this conflict started from here. In this Act, they included multiple sections that were indirectly attacking waqf. And if you've time, then it has some important sections. Section 14, 6, 13, section 17, 18 and section 25 do read them. I've linked them in the description. They had implemented this act very smartly & they indirectly impacted the rules and regulations of waqf. And at the same time, a person named Abdul Fata Mohammad one of his property Waqf-al-Aulad i.e. it was donated in the category of family waqf. Among which, some of the profit was sent to its family as well. Now, regarding this a person named Russomoy Dhur Chowdhary reaches British court & says that this concept of family waqf is invalid in the name of charity. The aim is not public welfare but personal profit. So, this case runs for many days in British court & then the judgement is passed in which Waqf-al-Aulad means Family waqf was announced as invalid. And the issue doesn't stop here. 12 years later to it, on 2nd February, 1894 Britishers bring The Land Acquisition ACT, 1894 which stated that if the British government wants, if it wants to make something for public welfare means any road, train, dam, river, hospital - then it can acquire any land and it'll give the compensation in return. And the ACT that they brought included waqf property as well. Now according to the concept of waqf property, permanent ownership belongs to Allah. So Muslims can't sell waqf property even if a govt. project is imposed in it, then they can't take money from it. But the Britishers don't agree with it & forcefully implement this act. So now from here slowly, the Britishers start taking control indirectly on all the waqf properties. So 11 years later, i.e. in year 1911 Britishers shift the capital from Calcutta to Delhi. And at that time, Muslim population was far more in Delhi and Muslim religious structure & waqf property were already large in number, as I told earlier that Mughals were present a lot there. So, when Britishers were moving to Delhi then they used the Land acquisition Act and through it they acquired more than 100 villages in Delhi area which included waqf properties as well. And in place of its compensation, they offered Rs 40,000. Now Delhi's waqf property was snatched from Muslim's hands. But instead of that they couldn't take take money as well. They denied it too. Because according to the rules, it was impossible for them to do. So, after this incident the waqf property in Delhi, the base of conflict was placed. And in future when India became independent, then all these land was acquired by Land & Development officer and The Delhi Development authority, DDA regarding which the conflict is going on even now and case is running in court. I'll tell you further. So Britishers were bringing the acts one by one & which directly impacted waqf property. So, protests were there regarding this - but the Muslin League also pressured Britishers that the rules & regulations of waqf are clashing. Make a separate legal framework & legally accept waqf. And as year 1923 came, Muslim League was successful in explaining the Britishers and then British govt. for the first time, legally accepted waqf for the first time in India. And then on 5th August, 1923 the Mussulamn Waqf Act, 192 was brought in which, they leagally defined waqf. So it stated that those who follow Muslim religion they can permanently dedicate any of their properties under Muslim's Law for religious & charitable purpose. Now by this, the entire concept of continuous charity was brought for the entire humanity but after this, Britishers indirectly implemented it only for Muslims. So, it stated that from now on - All the waqf properties, would have mandatory registration the income of waqf, expenses - official record will be maintained for everything. And section 3 of this Act stated that, Mutawalli will have audit of any income more than Rs 2000 and submit it in court. And in future, if a scam comes to light then in section 10 of this Act it was clearly mentioned that a case would be filed for on them. And after this it stated that in every state of India, waqf board will be formed and these waqf board weren't be randomly formed they were given legal power. They were made like a - State Level Statutory non-official body means it was formed under govt. law but its operation will be done by the people of Muslim community independently and then, Muslim Commissioner was made as the president of waqf board. And it was stated that, the future presidents would be Muslim commissioner only. Waqf board's president was given authority similar to civil court. Like Civil court can issue summon to anyone and demand document, similarly waqf board's president can do the same way. And in this they said that the concept of waqf-al-aulad the revenue generated from it, 2.5% income will eb given to waqf board as well so that it can run its operation. If there's a waqf property, which has to be transferred then first they need to take permission from waqf board. It won't be like, waqif or a Mutawalli can do anything according to them. If Waqf board wants, then without govt.'s approval they can give any waqf property for lease for 20 years. In some states, the limit is of 3 years as well. And it also stated that, if someone forcefully acquires waqf property then the police can be taken along to remove the acquirement within 45 days. Basically, after the act brought by Britishers waqf board became the care taker of the entire waqf property. And this waqf board was being operated in the state level i.e. every state had a different waqf board. And they formed an heirarchy. They did the same thing at the district level. For every district, they formed a waqf commissioner. Their work was to handle waqf property at district level registration and all & after doing all these, waqf fund was also formed. because to run all these operation in India funds were also required. So, for this waqf fund was formed separately in which the rule for money to be collected by 3 ways was made. First was, the British govt. would give them money time to time. Rest if someone wants to donate privately in waqf board, then they can also do it. Third, from the revenue generated from the waqf property some money would be added to the waqf fund as well so that this entire waqf board's operation could easily run. Now after few years Britishers leave India, we get independence and India & Pakistan had become two different countries. So, some Muslims & Mutawalli had to leave their land & migrate from India to Pakistan. It included their private property & waqf property. And in the same way, Hindu & Sikhs from Pakistan left their land and came to India. Now, Pakistan govt. took the lands of Hindu & Sikhs under them but those who left their land in India & went to Pakistan, camps were formed on those lands for refugees from Pakistan. These lands were called evacuee property. Means properties whose owner left India and went to Pakistan after 1st March, 1947 those were called evacuee property. The highest no. of evacuee property was present in Punjab, Haryana, Delhi & UP. And the amount of land that Hindus & Sikhs left in Pakistan on that basis of that, these evacuee properties were allotted in India. But within very few time, these evacuee property caused conflict between people. Such cases evolved where the land was forcefully acquired. And mismanagement had increased a lot in these evacuee properties. So, for the next 2-3 years this mismanagement continues on these properties. But after this comes the year, 1950 and in this year, to rectify this management govt. brought administration of Evacuee Property Act, 1950 and in section 10(A) of this act, this property was announced as govt. property and for the work of selling & giving these properties on lease, govt. formed a custodian that would take decision on the basis of govt. on these properties. But these evacuee properties didn't have any proof that which property belonged to waqf and which property is private. Now waqf board takes this issue to court. Waqf said that evacuee property is waqf property it doesn't belong to a person, if he went to Pakistan & on that basis it would be given to someone else. The waqf property included evacuee property was considered to be of Indian Muslim community. And when govt. was pressurized a lot, then the property which belonged to waqf was given back. But even here, controversy took place because waqf board couldn't show their old papers because with time, papers were damaged but later, this property was given to waqf. But after this incident occurred, Muslim community wanted waqf to be legally accepted even in independent India. Its rule should be set in constitution so that in future, be it any govt. they can't enforce anything on it. So for the next 2 years, the Muslim community was pressurizing a lot and then in year 1952, Congress's MP S.M. Ahmad Kazmi was given the task of doing a survey to identify the waqf property in India. So, he does exactly the same. He identifies the properties and within the next year, Ahmad Kazmi does the survey and submits a report. And after working on it for a year, Indian govt. implements Waqf Act, 1954 on 21st May, 1954. Which was implemented all over India except some areas of Jammu & Kashmir, Bengal, U.P, Maharashtra and Gujarat. So, the Wakf Act, 1954 implemented by the govt. was basically based on the legal system made by Britishers regarding waqf. This model was also based on it. Waqf committee, Waqf board and Waqf fund - all the models were similar. It was amended after every few time - I'll tell you altogether. As you can see on the screen these different Acts were brought in. Rest, the important points added by the Indian govt. in it - let me tell you that. It was stated in this act that firstly, all the states in India every state will have their own separate waqf board. Like, in Gujarat there's Gujarat waqf board UP will have UP waqf board. Similarly, all the states will have a separate waqf board who'll manage the waqf property of that state. If there's a state which consists of Shia Muslims, their population has donated more means, Shia Muslims of waqf property is more than 15% then in that case, there'll be two waqf boards in that state. One, Shia Waqf board, secondly - Sunni waqf board. That's why you'll see that in UP, Bihar, Rajasthan - these states have both Shia & Sunni waqf boards. So, 32 waqf boards were made. These waqf boards looked over the administration of the entire state waqf property. Waqf board that was formed, consisted of Muslim members only & suppose a decision of selling, transferring or mortgage was to be made then, until 2/3rd of all the members in waqf board approve that thing won't be approved. This waqf act, 1954 brought by Indian govt. was a basic model, but in this act there were some important sections in it which were added. Like, in section 66 C it was added that if non-muslims want then they can also donate waqf property. But that donation would be considered according to Islamic rule. Means with the money of that donation church or temple can't be constructed. Section 3 L(1) of this act is amidst the conflict mostly. You'll see most controversies in this section even now in 2024, in the amendment brought by the current govt. this section has been removed. I'll tell you further. So it stated that if a property is being used for Islamic purpose since long time and if the owner doesn't have any problem, then it would be assumed as waqf property. This is called as Waqf by user nowadays. You might hear this word in the news daily. Suppose, there's a mosque & there's a private property near to it where everyone gathers and have been praying Namaz since long time & the owner of that property doesn't have any problem with it, then it can also be assumed as waqf by user. Waqf by user means a property which was historically used for waqf purpose but it doesn't have any written deed, then it is called as waqf by user. So, firstly it was done randomly but when the govt. brought this act then in section 3 L (1) this was added separately. And waqf property is inalienable property means once a property is waqf'ed, its ownership can't be changed. Its ownership permanently belongs to Allah even if its 100 years, 200 years - someone has started a commercial business on it whether the govt. has contructed a building on it. Once a waqf, always a waqf. And when Indian govt. brought this act, then how would all these things managed - even for that rules were defined in this act. In section 4 of this act, it is mentioned that to manage all these waqf properties, a post of survey commissioner was formed so that there won't be any conflict. This survey commissioner will have power similar to civil court as, regarding any waqf property, he can summon. Means he can call & ask about the details. He can check original documents. And doing a survey in waqf means to identify if the property belongs to waqf or not. So, survey commissioner identifies the waqf properties that existed earlier. Their locations, size, how waqf'ed it - he makes a report & send that report to the govt. and then the state with which this matter is related, the govt. would send it to the waqf board of that state. And then waqf board will read that entire report & publish it on official gadget that this property belongs to waqf. So, the news that you listen that this property has been declared as waqf then that means that the survey commissioner of the waqf board of that state, has identified the property and mentioned the details of that land in the official gadget & declared it waqf'ed. And suppose there's a waqf property & the survey commissioner of the waqf property did survey & declared the property as waqf and if the owner of that property feels that the property belongs to him and not of waqf & if a dispute takes place regarding it then within a year the owner of the property can go to civil court. And until the case runs in civil court, that property will belong to waqf. Now some people would also say that it doesn't go to civil court it goes to waqf tribunal - then at that time it used to go in civil court waqf tribunal will come further in story that how it was formed, so I'll tell in that. So, in this act if waqf board declared the property as waqf & if nobody comes to claim within a year nobody claims a dispute on it, then that property will belong to waqf and then there won't be any option. And once the survey is done, then the next survey would take place after 20 years only. Now, when this act was brought by the govt. and when waqf was legally accepted in independent India then Muslim community becomes very happy regarding this from the govt. and after it was implemented, waqf board starts doing survey in India that first which are the properties, be it during the time Mughals or by any reason, it was forcefully acquired - it starts doing survey that which property belongs to waqf so that waqf board can acquire under it. But when this was being done, there's an act in India - Limitation Act, 1908 which stated that if on any property, somebody has been living for more than 12 years or he has forcefully acquired it then the owner's ownership ends. Now after this act, whichever property was being claimed by waqf board each one had been over 12 years. So even to rectify this, section 66 G of Waqf Act 1954 was amended and this date was extended to 30 years for waqf. And then in future, the time was changed to unlimited for it. When Waqf Act was formed, many of its rules & regulations were conflicting. So, these many acts of India had to be changed - you can pause and read once. So when this act was implemented, survey began then the waqf property increased so as earlier in Rajasthan, there were 73 waqf properties now it has increased 1965. In Andhra Pradesh, 15,300 properties were there but now there're 35,706 properties. Now different waqf boards were formed for different states but there wasn't anything on central level, which could centralize all the waqf boards. So, now it was time to centralise waqf board in entire India. So that the operation of waqf board could run smoothly & less corruption would occur. Because among the waqf boards in the state, the cases of corruption of Mutawallis were rising and politicians used their power to capture the waqf property as well. The revenue that was generated from the lease & rent of waqf property there was a lot of scam in it. So, to deal with all these things in section 8 (a) of the Waqf Act, an entire chapter was added where central waqf council, CWC, was formed which was a statutory body means they were formed through law but they would work independently. So, the central waqf council CWC - due to its formation waqf gets a legal power so that captures can be dealt. And the central waqf council was kept directly under Ministry of Minority Affairs. And the waqf boards of all the states were managed by them. So remember this, at the center level - Central Waqf Council - CWC. After that, at state level - Waqf board, then at district level - Waqf Committee. And then comes the role of survey commissioner, Mutawalli - which you know. After this, waqf works in an organized way & in India, the old properties which were waqf'ed were taken under by the waqf, it starts claiming. So, in between this some people went to sell their property to sub-registrar office. From the registrar office, they came to know that the property that they thought to be theirs & were living on it, this property is registered under the name of waqf. Now, according to the rule if waqf takes a property under it, then it'll release gadget notification then there would be a time of one year but the problem was that the notification that was released wasn't read by the public. So, all the people who went to appeal - already a year of their property had been completed. So, everybody became very worried that how to find a solution for it. And lot of cases had increase in court regarding the property of the waqf board. And at the same time, govt. also decided that waqf property is working by itself. It is also generating revenye as well. If the govt. is also helping in its management and give them a bit of subsidy a bit of loan then the Muslim community which is in minority in India the welfare scheme that the govt. has to bring for them that burden will decrease if the govt. collaborate with this waqf board. So regarding this, the funding for waqf board from the govt. side started. Govt. gave loans this is the list of all the loans. You can pause and read once. These many grants were totally given which you can see on the screen. This is the detail of all the completed projects that were started with the help of govt. - you can pause and read it. And the step that was taken by the govt. became a game changer for the time. On one side, the govt.'s burden decreased that it gave money separately for the welfare. Secondly, even waqf board's profit increased as well. The waqf board of Andhra Pradesh alone gathered a surplus fund of Rs 4 crore. And at the same time, they invested it in F.D with which they even gained an interest of 10%. This benefitted the waqf board a lot, although lot of controversies started regarding at that time too that interest isn't considered good in Islam. So, the interested taken after doing FD is wrong. But the issues doesn't increase too much. And at the same time when govt. and waqf board were collaborating & working, then at the same time some private entities arrived as well, which was called as corporate waqf. Many individuals started making corporate waqf in India. Like Hakim Hafiz Abdul Majeed started Hamdard laboratories to make cheap medicine for poor & waqf'ed. This was a corporate waqf. He formed Jamia Hamdard University, Hamdard Education Society along with India, even in Bangladesh & Pakistan - he started Hamdard laboratories. So along with it corporate waqf had also started in India. Now, after this comes the date 26th March 1976 and at this time Indira Gandhi Ji was the prime minister. So, Indira Gandhi Ji sent a letter to all the states for the protection & management of waqf property. This is the copy of that letter. I've linked this entire letter in the description as well. Just read it once. So in this she basically said that In India lot of waqf properties are under the control of state govt. So, in this letter she said that either that property should be emptied & given back to waqf or if the govt. had already invested a lot of money & developed an infrastructure then start giving its rent. Now to implement this lot of rules were conflicting. So, rules were changed even for this. Like town planning law, land ceiling act, land acquisition act, limitation act, Income tax act - all these acts were changed due to them being clashing to waqf. And a scheme of development of Urban waqf properties was formed & until 2016 both Congress & BJP gave Rs 47,65,96,00 to different waqf boards. You can see this list by pausing. Year wise which govt. has given how much money you'll get everything in it. And if we talk about from 2014 until now, then BJP has also given around Rs 21 crore but controversy started around 14-15 years later to it in year 1989 on 1st April UP's CM Narayan Datt Tiwari ordered that the barren lands in UP i.e. uncultivated land should be given for waqf's purpose like Graveyard, Mosque, Eidgah and this uncultivated govt. property was registered under the name of waqf. So, due to this millions of hectares of uncultivated land belonged to waqf. But regarding this, govt. faced pressure for a long time. People even said that in a secular country, land can't be given in the name of religion this discussions runs for a long time, but then this matter fades. Now after this until 18-20 years, waqf works like this, surveys are conducted. But the problem was that whenever waqf property had to claim anything, then it had to show documents. Like, waqf deeds, wills grants, sanad, rulers waqfnama, British land record, revenue record it had to show these things & all these documents were either very old or they were missing or deteriorating. So, due to this waqf board faced difficulty in claiming like Taj Mahal was claimed as waqf property but in court waqf deed was missing. So Taj Mahal wasn't considered as a waqf property. Similarly, there was an entire village which was claimed by the waqf board but it also didn't have documents and due to this lot of loss was caused. One was, waqf faced loss as their claim was rejected on the other hand, the property which was claimed that its a waqf property people would stop buying it because in future they don't what would happen & which govt. would come so if a property was claimed by waqf, then its rate would drop a lot. which caused people a huge loss. People were scared of someone claiming it for waqf. And for waqf it was tough to present old farman & papers in the court. So, all the land mafias or rowdy politicians had captured a lot & Mutawallis were also giving such properties on lease by taking bribes. So due to them lot of cases regarding waqf board were filed in the civil court. Already lot of cases were filed in civil court, so if a case regarding waqf property was filed in the civil court then it took lot of time & everyone faced loss. So, to deal with this - govt. decided to changed The Waqf Act 1954 and The Waqf Act 1954 was removed by PV Narsimha Rao JI & he brought Waqf Act 1995. In this, waqf board was made even stronger in which BJP openly supported in the parliament. The new act that was made firstly stated waqf tribuanl. Waqf Tribunal is like a fast track court like armed force tribunal, railway tribunal, Industry tribunal similarly, waqf tribunal was formed so that high court and supreme court can have less burden and case could be solved quickly. Now it has one more confusion that in waqf tribunal all the members in it are muslims & muslims only decide. So that's not it, waqf tribunal has 3 members. One member is from state Civil service, one is from judu=icial services and third member is a muslim law specialist. And the power that court has, the same power was given to waqf tribunal. in this act. The decision of Waqf tribunal would be like court's final judgement. You can't appeal against it. But yes, if a legal error occurs then that can be reviewed. So what I mean to say is after this, waqf tribunal released a judgement on any property that this property belongs to waqf, then that can't be changed. And the controversial thing which was added in it was in section 40- Burden of proof - it states that if waqf will claim any property then the owner of the property has to proof that property is his. He is the legitimate owner. And until it is proved, that property will be considered to be waqf'ed. Rest, land mafias that captured waqf property the rule was made that - it would be considered as cognizable and non-bailable offense. And a punishment of 2 years will be given. Now, when this act was passed i.e Waqf Act 1995 that was passed together by BJP & Congress. So regarding this, in India people started against waqf as well. Because people said that temples were kept under govt. The money from temples also goes to govt. and since waqf was given power as an independent body, so people were getting angry due to it. To counter this, people gave examples of other countries because at the same time in other countries, regarding waqf a development separate from India was taking place. Like, Turkey where Mustafa Kemal closed the waqf ministry and all the waqf properties was taken under by the turkey govt. And similarly, in Egypt waqf property was taken under control by the govt. Even in Algeria and Morocco waqf property was taken under by the govt. Russia did the same thing as well. You can pause and see on the screen that why was it taken. So, due to all these reasons regarding the model of waqf property until the coming 10 years a argument had started that the financial condition Muslim community in India is worse and the muslims have very less land. But the lands of waqf property is increasing very rapidly. So, when the issues fuels up a lot then in year 2005 govt. gives a task to Justice Rajendra Sachar to prepare a report on the actual condition of Muslims & Waqf in India so that on the basis of data it can be known where the problem is. So, Sachar committee is formed - it had many more things regarding the status of minority in India but I'll only discuss about waqf. So sachar committee asked all the waqf boards of different states in India to share the data of the revenue from the property or wherever you are conducting the survey, claiming the property and when sachar committee asked the data, then waqf boards of many states hadn't even updated the data of their survey. So they didn't even had a record. There were many small states where no type of data was maintained. But somehow all the details were collected. After a year on 17th November 2006, Sachar committee submits their report which exposes some shocking facts by which one can guess that there is something wrong within the waqf board. In the report, it was mentioned that at that particular time waqf had 4.9 lakh registered properties which was registered by waqf. Rest the claimed properties & not registered were separate from this. Total land was found out that how much land waqf has - it came out to be 6 lakh acres and then after this, when the market value of the total waqf property in India which were registered, was found came out to Rs 1.2 lakh crore. Now after doing this, Sachar committee said that even if we calculate all the waqf properties according to 10% then it should generate a profit of Rs 12,000 crore but waqf board showed the annual profit of their property as Rs 163 crore and this 12,000 crore was a huge number. States like Sikkim, Mizoram, Nagaland have a budget. Even if we talk about 2024, then the annual budget of minority affairs was Rs 3183.24 Crores. So, whatever profit waqf generated from its property the revenue should be 4x times more. So, the property of waqf is generating the revenue but even after that, according to Urban are property report 2004-2005 38.4% muslims were below poverty line. And if we talk about West Bengal then at that particular time West Bengal had the most waqf properties. Even after that, the most poor muslims were found in West Bengal. Muslim's economic condition is weak & they have very few land. And even though waqf has so much land the muslim community in India can't get benefit from it. The revenue of 200 waqf properties of Singapore is Rs 42.7 crores but India's 4.9 lakh waqf properties generate a revenue of Rs 163 crore. This was a huge difference. This means that there is mismanagement in India. Singaporeans developed a Sukuk Musharakah system and made Islamic bonds & invested the investor's money as well. Malaysia & Indonesia brought Istibdad system with which they made a lot of revenue but in India Waqf board suffered with corruption, politicians own will outdated system due to which there's a huge difference in revenue. Now, regarding this waqf board said that there're many waqf properties on paper but actually illegal capture has increased a lot. Land Mafia, politicians had made the properties according to their will that waqf properties are facing a lot of damage. Waqf board said that whichever govt. comes to power sends their people. And makes profit from land and we don't even have a say in it. As they said that govt. made a 10th fail as a CEO of the waqf board in Shillong for their profit forcefully. India Today did a sting operation. They went to a Mutawalli of Meerut's waqf property No. 3068 Qamar Ahmad, he gave them a fake letter. This is the copy. And he was ready to give 680 square yard in Rs 1.3 crore in which he said that he has to give 25% of it to the waqf board members. Sitapur's Mutawalli, Chowdhary Abdul Hamid was ready to give waqf property no. 4181 on lease for 90 years somehow. And another waqf property of Waqf whose no. is 3493 - its Mutawalli Haji Abdul Samad was ready to sell the waqf property in exchange of money. If you search then you'll get 50 similar cases where politicians, land mafias, Mutawalli were misusing waqf property in a coordinated way. And the money that was to given to poor Muslims they're keeping it with themselves. In West Bengal, 126 waqf properties was given on lease at a very low rate. A waqf property was give to Vijay Malya's alcohol company on lease for 99 years. When waqf property was never to be sold for alcohol. The list of politicians is very long. Karnataka state's minority commissioner's chairman, Anwar Manipaddy submitted a report in which he imposed allegation that from year 2001-2012 politicians and land mafias gave 27,000 acres of waqf land very cheaply. And this entire scam was estimated to be Rs 2 lakh crores. In which they directly took the name of Rehman Khan, Zafar Sharif, Tanweer Saik, Qamrul Islam, Khanij Fatima, N A Harris, CM Ibrahim and Mallika Arjun Kharge was even named it. PDP's Chandrababu Naidu gave 1100 waqf land to Airport development Authority of India which he couldn't do. Similarly, YSR Reddy gave Dargah Hussain Shah's 1630 acres prime waqf land which was worth around Rs 32000 crores to multinational companies. The waqf land near Delhi's Jama Masjid and Fateh puri Masjid which contained shops, they were given on rent of Rs 1500-Rs 2000 but actually the rent of Rs 20,000 should have easily been collected. Even for this, Ahmad Bukhari & Maulana Muazzam Ahmed were blamed. There're so many waqf properties in Delhi which was given on a rent of Rs 1- Rs 11 to be used. This is the list of all those properties & even in this, instead of giving to Muslims in 85% cases, it has been given on rent to Hindus. In UP, multiple allegations were imposed on Mukhtar Ansari that he made a modern complex in place of waqf property & gave to his son. And Atiq Ahmad was also blamed that he gave a waqf property of prime location in Prayagraj whose Mutawalli had gone for some to get treated. So amidst that Atiq Ahmad registered the waqf property in the name of his family, So, regarding corruption waqf board showed its concern many times that waqf board are being captured a lot something should be done about it. But even after that nothing is done. In the beginning I told you that when Delhi was made as the capital by the Britishers, then they took waqf property so when Britishers went away, waqf board claimed around 77% land of Delhi again, but until then all these properties came under DDO & L&DO and govt. had constructed a lot of infrastructure on it. Around 200+ Mosques & 300+ Waqf property is still in conflict between govt. & waqf board. Court cases are running. DDA & L&DO has filed more than 300 cases on Delhi Waqf board regarding this land & when elections were to be held in 2014 then 30 days before it, 123 properties were given back to the waqf board by the Congress. But BJP won in elections & the property went back to the govt. Now again, regarding this Delhi waqf has filed a case against the govt. but there's no result in it. The highest conflict is going on in Delhi. 989 eviction orders have been set regarding the waqf property and 120 police complaints have been filed. Even after that, only 4 waqf properties were given back to waqf board you can pause & read this list. Waqf board said that govt. has itself captured these properties. Most corruption cases were of Dargah on 29th November, 2012 - in Karnataka's Tumkur city on B.H Road there was a Dargah of two muslim saints. And municipal corporation had filed a case on Dargah that it was made illegally and then after this the case is filed in the civil court. And in civil court map of year 1906 was produced in which Dargah wasn't even there. Then the court passed the order against the Dargah. Similarly, Dargah was made over a flyover of Delhi, that issue was raised a lot too. 450 Majars were found in Uttarakhand's forest but when it was checked then no human body was found in it so there was a lot of mismanagement in it. From Mukesh Ambani to Eden Garden Stadium lot of prime properties has been stuck in conflict in India, cases are running in court. You can read this entire list by pausing it - these are the prime locations which are under conflict. Regarding this entire mismanagement, a waqf management system of India was formed so that illegal possessions can be stopped. This is an online portal, if opened, then state wise details of waqf properties can be found. If you want you can see the details of your area from this website. It contains GPS coordinates of waqf property, you'll get the details of the ongoing cases, you'll get the reports of survey, financial data, how much rent is generated, annual balance sheet you'll get everything, if you check this portal then total 58,000 complaints were registered. Rs 40,951 cases is pending in waqf tribunal 165 cases were ongoing in high courts & supreme court. And the most shocking thing is 9942 cases are of Muslims. The muslim community for which the waqf system was formed for their welfare - the same community has to suffer the most. So after this the current year 2024, on 8th August, 2024 - the govt. has brought new waqf bill so the bill that has been brought by the govt. - they have changed many things in it that's why lot of controversies have started regarding it. Firstly, the person who has been practicing Islam for atleast past 5 years only he can waqf his property. Waqf by user that I explained earlier - has been removed from this after this, earlier the survey commissioner who used to conduct survey instead of that govt's district collector will conduct the survey. And he'll send the report to state govt. Instead of waqf board and the waqf property whose dispute is between govt. & waqf board - until a decision is taken on it that property will belong to the govt. And this act also stated that to register any waqf property the collector's permission should be shown in revenue record. After that, this bill stated that from now on atleast 2 non-muslims should be there in waqf board and along with that 2 muslim women should be compulsorily present and the muslim law specialist that was present in waqf board - instead of that state govt. officer would be present and the audit of waqf's finance will be done by govt's CAG. And all the main decisions will be taken by the collector in case of property. So due to this, in a way - waqf tribunal's impact decreased as well. And earlier, the state which had two waqf boards - Shia & Sunni waqf board, now Agakhani & Bohra wafq boards will also be added in it. Along with it, section 107 of waqf act has been removed due to which waqf is now under limitation act. And now only written waqf will be considered, the oral waqf that was done before this will not be considered. Now, the waqf bill brought in 2024 is opposed. Muslim community in India has trust issues with the new waqf act on the current govt. Secondly, if you look at the new waqf act - the entire waqf system is under the govt. from the muslim authority. Now what will happen in future regarding it, will be known in the coming months but it won't be easy for the govt. to bring such a huge change. At last, I would like to remind you again to download Pop UPI app you'll get assured 2% pop coins on doing UPI transactions in which one pop coin's value is Rs 1. And you can use pop coins to have up to 80% discount on pop shop. Link is in the description. Thank you!