The Waqf Amendment Act has emerged as a crucial legislative step in ensuring accountability and transparency in the management of Waqf properties across India, with the Kashmir Valley presenting a particularly compelling case for reform.
Waqf assets, donated by individuals for religious and charitable purposes in Islam are not owned by any religious leaders or specific associations. Instead, they are meant to be managed collectively for the welfare of the community. A dedicated board was created to oversee, manage and protect these properties, with the expectation that it would uphold public trust and ensure the assets’ development for the greater good.
However, in recent decades, mismanagement, lack of oversight, and personal exploitation have plagued the administration of Waqf properties, not only nationally but especially in Jammu and Kashmir. Without proper auditing and mechanisms for accountability, many officials treated Waqf assets as personal property, allegedly looting and misusing them for their own gain.
In Jammu and Kashmir, what was once known as the “Muslim Auqaf Trust” was later renamed the “Muslim Waqf Board” under the leadership of the late Mufti Mohammad Sayeed. Though under nominal government supervision, the Waqf Board functioned with minimal scrutiny, as many of those managing it were not official government employees.
Given that Kashmir is a Muslim-majority region, it is home to numerous shrines, religious sites and endowments overseen by the Waqf Board. Yet, there has historically been no public accounting of the vast sums collected monthly in donations at these sites. The absence of financial transparency has raised concerns that these funds, rather than being directed toward welfare and community development, have often been diverted for private benefits.
Beyond religious donations, the Waqf also holds significant commercial assets in the form of shops, buildings and land across major towns and markets, including in Lal Chowk, Khanyar, Nowhatta, Baramulla, Kupwara, and Anantnag. Yet, reports suggest that many of these properties were leased to favoured individuals at symbolic rents some as low as Rs 300 annually while comparable private rentals in the same areas are hundreds of times higher. Such practices not only represent a major financial loss but also undermine the institution’s ability to serve its intended purpose.
This lack of due diligence and transparency has led to a steady decline in Waqf property holdings in the region, even as properties held by other religious communities have reportedly expanded. The community, meanwhile, has seen little in return no significant investments in schools, hospitals, or institutions that could have improved lives and generated employment.
Critics argue that if the Waqf Board had prioritised community development, the region might have witnessed the creation of educational institutions, healthcare facilities, and other social infrastructure that would have strengthened the economic and social fabric of society. Instead, years of mismanagement have depleted its resources and eroded public trust.
It is against this backdrop that the Central Government’s introduction of the Waqf Amendment Act assumes importance. The Act enables greater oversight of Waqf properties, empowering the government with the tools to ensure financial accountability, maintain proper records, and supervise the utilisation of assets in alignment with their intended purpose.
While some voices have expressed scepticism about the Act, interpreting it as an overreach or centralisation of control, its proponents argue that it is a necessary corrective measure. Given the widespread allegations of misappropriation, especially in regions like Kashmir, the Act could play a pivotal role in restoring public confidence and ensuring that Waqf properties serve the welfare objectives they were originally meant for.
In conclusion, the need for reform is undeniable. Transparency, accountability and responsible governance are essential to protect Waqf assets and ensure they contribute meaningfully to society. The Waqf Amendment Act, if implemented effectively, could mark the beginning of a new era in the management of Islamic endowments’, one that honours the faith and trust of those who donated these assets for the betterment of the community.
