Two-day International Seminar on ‘Awqaf in India’ held in Bangalore
March 29-30, 2014
Particularly for the Hon’ble guest, Dr. Muhammad Ubaidullah (Representative of Islamic Institute, for Research & Training, Jeddah)
Al-hamdu lillahe Rabbil Alameen Wassalatu Wassalamu Alal Mursalin Wa Ala Alihi wa Sahbihi Ajmain
This is the report of the Seminar titled “Waqf in India” in the city of Bangalore, Karnataka during 29th and 30th March, 2014 AD.
The inaugural Sessions of the Seminar “Waqf in India” started in the auditorium of Darul Uloom Sabilur-Rashad at Bangalore Saturday at 10.30 in the chairpersonship of Mufti Ashraf Ali Baqvi (Ameer of Sharia, State of Karnataka and Vice Chairperson of Islamic Fiqh Academy, India)
This Inaugural Sessions was conveyed by Safdar Zubair Nadvi. The program started with recital of some versus by Muqri (Qari - having authority in reciting Quran) Mohammad Yasin (Teacher in Darul Uloom Sabilur - Rashad, Bangalore, Karnataka) and Mohammad Ubaidullah Al-Asadi (Secretary for Seminar Affairs of Islamic Fiqh Academy, India) expressed words of gratitude for the guests and participants in the Seminar.
Sheikh Atiq Ahmad Bastavi (Secretary for Academic Affairs of Islamic Fiqh Academy elaborated the topic of the Seminar explaining waqf, its status, importance and necessity now days particularly in the contemporary circumstances in which Muslims of India are living.
Mr. Khalid Saifullah Rehmani (Secretary General of Islamic Fiqh, Academy, India) delivered inaugural speech wherein he traced the origin of waqf to Quran and Sunnah.
Expenditure on charity may be divided into two kinds. One, temporary charity, for instance, expenses on the hungry person to satisfy his hunger and the patient for the treatment and other such situations are temporary charity and for meeting these necessities, Sharia stipulated zakat, sadaqatul – fitra, kafarat and others.
Second: A person achieves a deed continues its benefits for long period and all humanity or a group of the family of the donor benefits or any of Sharia objectives is fulfilled from it and this very kind of waqf has been termed as “Sadaqa Jariya” in the saying and it is called as “Waqf” in the terminology of Islamic Jurisprudence.
The academicians agree that it is Islam that founded this kind of waqf for the first time in human history as the waqf was limited only to endowing a land for the place of worship like Kabatullah al-Haram and Baitul Maqdis, however, as far as the welfare and service of entire humanity is concerned, no religion other than Islam has initiated it and the first donor is our prophet Mohammad (PBUH), the messenger of God for the Sharia.
“The greatest Prophet (PBUH) gave as waqf seven orchards in Madina, which was first charity endowment in Islam, these orchards belonged to a Jew namely Mukhaiyariq, who was killed at the start of thirty second month of the migration of the Prophet when he was engaged in war in the battle of Uhad with Muslims. He had willed if he was killed, his properties shall be of Muhammad (PBUH), He would spend it as per instruction of God. He was killed in the battle of Uhad, while he was a Jew. The Prophet (PBUH) had said “Mukhaiyariq was the best Jew” The Prophet took possessions of all these orchards, then, He endowed them. Thereafter, Hazrat Umar made endowment and then the companions continued to make waqf.” (Al-Isa’af fi Ahkamil Auqaf Page – 9- 10)
Then, endowment of Umar Ibn Al-Khattab is recorded in respect of a land inKhaibarin which principles and conditions of waqf etc. have been mentioned “When Hazrat Umar (R) got one land in Khaibar, he asked: O Messenger of God, I have acquired one land in Khaibar, better than which I have never received, what do you order me in this behalf? He replied: “If you want, you can uphold its original and endow it in a manner that its original cannot be sold, gifted inherited and it would be for the poor, relatives, friends, guests and travelers there is no prohibition if its donor benefits from the properly and feeds the poor.” Sahihul Bukhari, Kitab al-Shurut, Bab-al-Shurut fil Waqf, Hadith No. 2586).
In this way, to give endowments for the public welfare started since the very first date of Islam. As regards India, Muslim kings and Sultans of India have great role in this waqf system. They endowed very large number of properties and wealth for the service and welfare of the general Muslims. If the Community succeeds to protect his vast waqf wealth, they would not be in compulsion to spread their hands before the Government.
Today, the Muslims in India are in minority; however, there is Waqf Law in the Indian Parliament. Waqf Law was enacted for the first time in India during the British reign in 1923 titled “Muslim Waqf Act”
Thereafter, Waqf Act, 1954 was codified, then, it was amended in 1969 and 1964 having regard to the fact that it is not playing active role to protect the waqf properties. Then, Waqf Act, 1984 was enacted but there were lapses in it so the Muslims demanded amendments in it. Resultantly, Waqf Act, 1995 was introduced.
The Muslims Personal Law Board forwarded some objections and suggestions found therein in respect of drawbacks and discrepancies, then, the Parliament introduced new bill in 2010 without consultation with the Muslims. According to this new waqf law the waqf given by the Hindu Kings to the Muslims and the properties not registered with the Government was removed and the properties possessed adversely lost the right of defense or claim against the encroachers without right. In this backdrop, the All India Muslim Personal Law Board analyzed the waqf law in details and forwarded some suggestions for amendment in the law, which were accepted by the Government and the same was enacted in the year 2013, however, this act also has defects in some aspects, for instance, the Government had promised that the waqf property shall be regarded as public property at the time of evicting persons from the waqf properties that have been encroached, but it was not provided in respect of the waqf.
Secondly, when there is dispute in connection with waqf affairs, they approach to the Tribunal constituted for disposing of the waqf cases, but there is not definite time, though All India Muslim Personal Law Board demanded the Government to prescribe the time such as 6 months or maximum one year and if it is not done, it would prolong for many years not brining in any benefit to the Muslims as it is the scenario at present.
Thirdly, if the Government acquires any waqf land, it must pay its price at the market rate.
Some suggestions as per below were also forwarded:
To designate some waqf properties to meet the needs of the divorced women because the Government has passed the law requiring the maintenance on the husband after divorce during entire life, which is in contravention to Sharia and due to corruptions in the Indian Muslim Society, these women do not find any shelter other than the home of their fathers and brothers.
Secondly, to establish homes for orphans, poor and those persons who do not have any sustainer in order to protect their faith and belief so that they could fell pray of the extremist Christian and Hindu preachers desiring to make them infidel.
In this inauguration Session, Dr. Mohammad Ubaidullah (Representative of Islamic Institute for Research and Training) participated as the chief guest as well as Syed K. Rahman Khan (Minister for Minority Affairs, Government of India) the gist of whose lecture reads as under:-
He is engaged in waqf affairs in India for 40 years. His study and observations in the period led to him believe that the issue of waqf is very significant and to abide by the intention of the donor at the time of utilizing waqf properties is necessary. The history of waqf in India is very old and sad one and this responsibility falls on the shoulder of the concerned persons from the Community. It has been reported that the waqf properties accounts for about four hundred and eighty thousand acre of lands and waqf institutions in terms of mosques, schools, tombs, graveyards and shrines is about three hundred and 85 thousands. He added that 50% of waqf properties have been encroached illegally. If we do not care of the remaining percentage, the same would go away from our possession as well. He requested the Seminar to initiate a debate on “How can the profits of waqf be utilized and what are the modes?” He regretted that the issue of waqf is very sad as most of them are in the hands of the Muslims illegally, who exploit them. The Government possession is less than that of Muslims. As per the Government report, only 10% is in possession of the non-Muslims and any constructive work has not been achieved in waqf for 50 years and he added, if the Community reforms, waqf issues would get resolved. The trustees of the waqf are required to be reformed. The price of waqf properties must be as per the market rate. It has been provided since November, 2013 that the waqf properties are public properties. He further added, if a person takes waqf property, it must be given for a specific period maxim for 30 years not more than it. He drew the attention of the Islamic Scholars to the unused waqf properties except graveyards and he asked from the Islamic Scholars whether to take consideration of the properties as per market rate is justified.
The Chief Guest Mohammad Ubaidullah, representative of IRTI at Jeddah delivered his speech on the topic of waqf in English Language in short and thanked the Islamic Fiqh Academy, India.
Thereafter, Hon’ble Minister, K. Rahman launched the report of the Islamic Research and Training Institute, titled “Islamic Social Finance Report, 2014”
Then, Abdus Sattar Quraishi expressed his views that the issue of waqf is a complicated one and these vast properties are very significant for our existence in this country (India) so they must be taken into account very seriously. The education of women is the call of hour and the Muslims must be united in order to resolve their problems.
The inaugural Sessions came to an end with the expression of gratitude by the Chairperson of the Sessions, Mufti Ashraf Ali Baqvi.
Topic: Auqaf in India
First Sessions was organized in the auditorium of the hotel “AJ International, on 29 March, 2014 between 3.30 – 5.30 under the chairpersonship of Syed Mushtaq Ahmad Siddiqui and the program was conveyed by Dr. Shahjahan Nadvi in which 13 papers were read as per under:-
1. Auqaf in the State of Maharashtra by Syed Ijaz Hussain (Chief Executive Officer of Waqf Board, Maharashtra)
2. Auqaf in the State of Rajasthan by Dr. Akram Khan
3. Auqaf in the State of Kashmir by Nazir Zarghar, Kashmir
4. Conditions of Auqaf in North East states of India with special reference to the Waqf Board, Manipur by Syed Abdur Razzaq (former Secretary, Islamic Organization for Development, Manipur)
5. Auqaf in Meghalaya by Syed Imran, representative of Nasir Nongrom (Chief Executive Officer, Waqf Board, Shilong, State of Meghalaya)
6. Auqaf in the State of Punjab by Sheikh Jamilur Rehman
7. Auqaf in the State of Jharkhand: Issues and Challenges, Dr. Wakil Ahmad Rizvi, Ranchi,
8. Auqaf in the State of Bihar by Sheikh Abdul Basit Nadvi,
9. Auqaf in the State of Kerala by Dr. Abdul Hafiz Nadvi,
10. System of Auqaf in the city of Bhopal, Shamshuddin Nadvi, Bhopal
11. Auqaf in the State of Bihar by Mr. Imtiyaz Ahmad Karimi (Chief Executive Officer, Sunni Waqf Board, Patna)
12. Auqaf in the State of Assam by Mr. Rafiq Ali (Chief Executive Officer, Waqf Board, Assam)
13. Islamic Auqaf in the State of Delhi, its History, Management and Present Condition by Syed Shoba Hasnain Nadvi
Topic: Waqf in India: Its System and Law
Presided by Syed Qazi Abdul Sattar Quraishi
Convener of the program: Dr. Shakil Ahmad Samadani
8 papers were read in the second Sessions as per below:-
1. Auqaf in India (1901-2013 AD) General Analysis: by Mr. Mushtaq Ahmad Siddiqui (Justice of the High Court, Lucknow)
2. Conditions of Muslim Auqaf by Dr. Shamim Ahmad (Former Chief Executive Officer, Central Waqf Board, Uttar Pradesh, Lucknow)
3. Achievements and limitations of the Central Waqf Board by Dr. Muhmmad Rizwanul Haq (Former Secretary of Central Waqf Board)
4. History of Islamic Waqf in India: Dr. Ghitrif Shahbaz Nadvi
5. Waqf in India: Its System and Conditions in the period of Sultan, Dr. Muhammad Shahjahan Nadvi
6. History of Waqf in India and its Existing Situation: Study and Suggestions by Mufti Ahmad Nadir Qasmi
8. Role of the Islamic Scholars from the Subcontinent in writing books on Waqf in Islam, Mr. Muhammad Idris Qasmi, Nadvi
9. Encroached Waqf Properties and problems in regaining them by Mr. Ahamad Muhiuddin, Aurangabad
Topic: Waqf in India: Its System and Law
Presided by Dr. Salim Ahamad Beg, Director General of Tourism and Culture, Jammu & Kashmir and Member of National Council for Antiquities and Heritage)
Convener of the program: Mr. Salar Muhammad, Advocate
Six papers were read in this Sessions as per under:-
1. Study of Legal Scheme of Waqf by Dr. Shakil Ahmad Samadani (Professor, Department of Law, Aligarh Muslim University)
2. Study of different Legal Schemes of Waqf by Syed Zafaryab Jilani, Advocate (CGSC, High Court of Lucknow)
3. Development of Waqf: Challenges and Proposals by Mr. Abdus Sattar Quraishi (Former Justice of High Court of Gujarat)
4. Auqaf by Professor EE Faizi (Professor, Department of Welfare Studies, Lal Bahadur Shashtri National Academy, Mussoorie, State of Uttarakhand)
5. Auqaf by Sheikh Zillur Rehman, Delhi
6. Waqf Act, 2013 (Amendment): Study and Analysis by Mr. M.U. Siddiqui (Chief Executive Officer, Waqf Board, Delhi)
7. Auqaf in the State of Andhra Pradesh: History and Conditions by Syed Abdur Rasheed Hyderabad
Time: 12-02.00 PM
Chaired by Mr. Rizwanul Haq (Former Secretary of Central Waqf Board, Faridabad, Delhi)
Convened by Syed Ijaz Hussain (Chief Executive Officer, Maharashtra Waqf Board)
7 papers were read in this Sessions as per under:-
1. Waqf and its Utilization for new welfare activities by Mr. Syed Tehsin Ahmad, Bangalore
2. Waqf Properties and Muslim Capabilities by Mr. Shafiq Muhajir, Hyderabad
3. Waqf and Islamic Economics by Mr. Shamil Sajjad, Hyderabad
4. Auqaf of India and Strategies of protecting them by Mr. Sajjad Ahmad, Mysore
5. Waqf Properties, their Development and Strategies of protecting them by Mr. Muhammad Azam Shahid, Bangalore
6. Auqaf in the State of Kashmir by Mr. Sultan Qasmi
Time: 3.30 – 4.30 PM
Date: 30th March, 2014
Topic: Waqf Services for other institutions
Chaired by Mr. Zafaryab Jilani
Convener of the program: Dr. Shamim Ahmad (Former Chief Executive Officer, Central Waqf Board, Lucknow)
Single paper of Dr. Muhammad Ubaidullah Representative of Islamic Institute for Research and Training, Jeddah was read and then interval for debate and asking questions
Time: 4:30 – 06
Date: 30th March, 2014
Chaired by Sheikh Mushtaq Ahmad Siddiqui
Convener of the program: Mr. E.E.E. Faizi
Impressions: Mr. Zafaryab Jilani, Sheikh Salim Beg, Dr. Akram, Syed Ijaz Hussain, Dr. Muhammad Ubaidullah, Representative IRTI, Jeddah
Delivering of resolutions in Urdu Language: Mr. Safdar Zubair Nadvi
Delivering of resolutions in English Language: Mr. Salar Ahmad Khan, Advocate
Words of Gratitude: Mufti Ahmad Nadir Qasmi
And the program came to an end with the prayer “Subhan Rabika Rabbil Izzat-e- Amma Yasifun wa Salamun Aal Mursalin, wal Hamdu Lillahi Rabbil Alamin”