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AIPPM Background Guide

The document is a letter from the Executive Board of IMPERIUM MUN'25, welcoming delegates and outlining expectations for their participation, emphasizing the need for deep understanding and thoughtful representation of issues. It also provides an overview of the Waqf, its significance in Islamic law, and the legal framework governing Waqf properties in India, including recent amendments and ongoing disputes. The document highlights concerns regarding the Waqf Amendment Act 2025, which has faced opposition from the Muslim community due to fears of government overreach and potential negative impacts on community welfare.

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0% found this document useful (0 votes)
43 views10 pages

AIPPM Background Guide

The document is a letter from the Executive Board of IMPERIUM MUN'25, welcoming delegates and outlining expectations for their participation, emphasizing the need for deep understanding and thoughtful representation of issues. It also provides an overview of the Waqf, its significance in Islamic law, and the legal framework governing Waqf properties in India, including recent amendments and ongoing disputes. The document highlights concerns regarding the Waqf Amendment Act 2025, which has faced opposition from the Muslim community due to fears of government overreach and potential negative impacts on community welfare.

Uploaded by

tamiliniyan927
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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L e t t e r f ro m t h e E x e cu t i v e Boa r d

Dear Delegates,
Welcome to IMPERIUM MUN’25. It is a privilege to chair you all during this
prestig ious event. We are not looking for statements that merely copy and paste what
the leader or the portfolio you represent has already stated. Instead we seek a deep
understanding of the issues from you, while recognizing your poli tical and ideolog ical
constraints. We aIso expect you to grasp the immediate and long-term consequences
of your statements, actions, and proposed solutions. Your poli tical identi ty is an
integral part of the commi t tee's purpose, and we look forward to your thoug htful
representation of your assigned portfolio. This introductor y guide provides on what
to expect from the commi t tee and hig hlig hts areas where your research should
focus at this point in time. Given the poli tical nature of this commi t tee,we, as the
ExecutiveBoard (EB),will be poli tico-analytical apti tude. That being said, do not limi t
you research to the areas outlined here. Instead, use this guide as a starting point
and log ically extend your research to related issues.
Best regards,
S anjay - Chairperson
Roshan - Vice Chairperson
R i tesh- Director
U N D E R S TA N D I N G T H E RU L E S O F P R O C E D U R E

Modif ied UN ROP:


W hile we base our procedures on the Uni ted Nations' Rules of Procedure, the EB may
introduce specif ic modif icati ons

Opening Statements:
Each delegate will deliver an exhaustive opening statement once, unlike the
continuous General Speakers List (GSL). These statements will include mandator y
points of information.Discussion Hours: Similar to a moderated caucus, dis cussion
hours are meant to further foster debate and collaboration

Points of Inquiries: Familiarize yourself with the following:

Point of Information: Questions directed to other delegates.


Point of Parliamentar y Inquir y: Questions about the ROP
Breach of Privilege: Raising factual errors, also referred to as Point of Order
Personal Privilege: Addresses personal comfort issues, such as
Focus on Substance: Emphasize well-researched policy recommendations and legal
arguments over excessive rhetoric
Closing Remarks: Provide concise summaries of your posi tions typically lasting 60-
90 seconds
Documentation: The availabili ty of documentation, such as working papers,will be
decided by the EB.
W H AT I S T H E WA Q F ?

Waqf is the permanent dedic ation by any person, of any movable or immovable
property for any purpose recognised by the Muslim law as pious, relig ious or
chari table. Making w aqf is considered a virtuous act in Islam. As a result, Muslims
established auqaf wherever they lived. Apart from agr icultural, commercial and
residential properties, waqf in India includes functional/non-functional mosques,
darg has (tomb or shrine of Muslim saint), khanqahas (building or space for Suf i
brotherhood), maubaras (tombs), ashoor-khanäs (mourning place for Shias),
qabristöns (gra veyards), idg häs (space to of fer Eid Prayer), imom-baras (space for
prayers and gatherings for Shias), etc in essence, A waqt is a property permanently
dedicated to Allah and used for purposes specif ied by the person creating i t
(Waqif ). According to Monzer Kaht, wagt involves holding an asset and utilizing i ts
benef i ts repeatedly for rig hteous or chari table objectives wi thout consuming the
asset i tself. The property is considered to belong to Allah, meaning humans cannot
own i t. Instead, the communi ty acts as the heir, manag ing i t throug h a
trustee (Mutawalli ) appointed by the Wag il. A wag f is perpetual, inalieriable, and
irrevocable, meaning i t cannot be sold, inheri ted, nor tagged, or otherwise
disposed of i ts primar y purpose is to serve public benef i t, and if the orig inal
purpose ceases, i ts proceeds are redirected to help the poor. This makes waqt
property, in theor y, a form of pub lic property dedicated to lasting chari table use
Wi th the passage of time, waqf endowments started playing an important role in
shaping the relig ious, social, educational, cultural, economic and poli tical
aspects/ insti tutions of Muslim societies not only india, but all over the world. This
interaction bet ween the state and the waqt created ideolog ical and legal intricacies
that have shaped the present-day wag! leg islations The legal framework governing
waqf in India has evolved signif icantly to address the challenges of manag ing and
regulating waqf properties. The earliest leg islation, the Mussalman Waqf Act of
1923, laid the groundwork for regulation during Bri tish rule. Post-independence,
the Waqf Act of 1954 introduced centralized supervision, which was further
streamlined by the Waaf Act of 1995 wi th the establishment of State Waqf Boards.
The 2013 amendment strengthened these provisions, emphasizing transparency
and stricter penalties for encroachments.
W H AT I S T H E WA Q F A C T

The Waqf
Waqf Act is the p r imar y leg islation governing waqf properties in India. It was
enacted to provide for the bet teradministration of waqf and ensure their proper
use and protection. The parent act was ini t iated in 1954 and then amendments
has been made in 1959,1964,1969 and 1984 which were all repealed by the Waqf act
of 1995. The 1995 Act has further been amended in 2013 and 2025.

D I S P U T E S S U R R O U N D I N G WA Q F A C T

The M ajor issues hig hlig hted by the stakeholde rs are of limi ted diversi ty in
consti tution of Waqf Board and Central Waqf Council, misuse of power by
Mutawallis, non-maintenance of proper accounts of properties by Mutawallis, lack
of ef fective coordination wi th local revenue authori ties, issues of removal of
encroachments, reg istration and declaration of ti tle of WAQF properties, sweeping
power to Waqf f loards for claiming properties resulting in disputes and li tigation,
non-applicabili ty of simi t ation Act resulting in creating disharmony among the
communi ties, Low and neg lig i ble income from Woof properties etc. The issues
concerned wi th Waqt Board are as follows:
Irrevocabili ty of Waqf Properties. The principle of once a wagt, always a waqf has
led to various disputes and claims Some of which, like the claim on t wo islands in
Bet Dwarka, have been deemed perplexing by courts Li tigation and
Mismanagement: The Waqf Act, 1995, and i ts 2013 amendment have been cri ticized
for inef f icacy, leading to issues like encroachment, mismanagement, ownership
disputes, and delays in reg istration and surveys. A number of issues have also been
communicated to the Ministr y regarding problem of ownership ti tle and possession
of Waqf Properties, complaints and grievances of reg istration, functioning of
Tri bunal and related large scale li tigations etc. No Judicial Oversig ht There is no
judicial oversig ht on tri bunal decisions, further complicating wag f management.
Wi thout the possi bili ty of appealing to a hig her judicial body, decisions made by
the tri bunal may undermine transparency, and accountabili ty in the management of
waqf properties Unsatisfactor y Survey Work The work of survey of Waqf Properties
by the Survey Commissioner was found unsatisfactor y. Even survey of Waqf
Properties is still to be started in the State of Gujarat and Ut trakhand. In Ut tar
Pradesh, the survey was ordered in 2014 and i t is yet to be started.
The major issue of non-completing survey is non expertise of Survey Commissioner's
in survey work. Further, there are issues of coordinating survey reports wi th
the Revenue Department to carr y out work of reg istration of Waqf Properties
smoothly. Mis-use of Provisions: i t was observed that the State Waqf Boards have
also mis-used some of the provisions of the Act which created disharmony and
discontent among the communi ties Section 40 of the Waqf Act was widely misused
to acquire and declare a property as wag f property. This has not only generated
enormous number of li tigations but also disharmony among the Communi ties.
Consti tutional Validi ty: Waqf Act is a special Act for relig ious properties of only one
relig ion of the countr y, when no such law exists for any other relig ion, in fact, a Pi t
has been currently f illed in the Delhi Hig h Court asking this ver y question. Delhi HC
has issued notice to the central government on this plea regarding the
consti tutional validi ty of Waqf The Waqf (Amendment) Act, 2025, marks the latest
development, proposing measures to modernize waqf management. It seeks to repeal
the outdated 1923 Act,introduce elig i bili ty cri teria for creating waqfs, and enhance
the functions of Waqf Boards to improve transparency and ef f iciency. Wi th an
estimated 1.2 lakh crores in market value, ef fective governance of waqf properties
remains crucial to fulf illing their intended socio-economic and chari table objectives
T H E WA Q F A M E N D M E N T A C T 2 0 2 5

The Joint Parliam entar y Commi t tee (JPC) on the Waqf (Amendment) Bill, 2024 has
been actively engag ing wi th various stakeholders to gather insig hts and concerns
regarding the proposed leg islation. This bill was introduced in the Lok Sabha on
August 8, 2024, wi th the aim of amending the Waqf Act of 1995 . The amendments are
intended to enhance the management and administration of waqf properties in India,
including renaming the Act to the Uni ted Waqf Management, Empowerment,
Ef f iciency and Development Act, 1995 (UWMEEDA). On December 18, 2024, the JPC
met wi th representatives from the All India Shia Personal L aw Board to discuss their
views on the bill. A previous meeting on December 11, 2024, involved a delegation
from Darul Uloom Deoband, which expressed strong opposi tion to the bill. They
raised concerns about potential risks to Muslim places of worship if the amendments
were implemented. The JPC has also heard from various stakeholders, including
stategovernment representatives and other Muslim organizations, as part of i ts
mandate to assess the implications of the proposed changes. Finally the bill was
made into an Act by passing in the Parliament on April 4, 2025. The Rajya Sabha
approved i t wi th 128 members voting in favor and 95 against. The President of India
gave assent to the Bill on April 5, 2025.
C O N C E R N S O F T H E WA Q F A M E N D M E N T A C T 2 0 2 5

The Waqf Amendment Act has faced opposi tion from certain sections of the Muslim
communi ty and opposi tion parties. Concerns have been raised regarding potential
government overreach in Waqf mat ters, the impact on the autonomy of Waqf Boards,
and the potential for discrimination. Cri tics argue that the bill infringes upon the
freedom of relig ion as provided by Article 25 and the autonomy of the Muslim
communi ty to manage their own relig ious af fairs. Remo val of the waqf tri bunal's
authori ty and the assignment of this role to district collectors, could lead to
increased disputes over Waqf properties. Cri tics argue that this could complicate
the resolution process and expose properties to further legal challenges. Many
organizations, including the All India Muslim Personal L aw Board, havevoiced their
concern that the bill was created wi thout their input.
S CO P E FO R F U RT H E R D IS CUSS I O NS

Waqf properties have tradi tionally been a vi tal source of socio-economic support for
the Muslim communi ty in India, funding education, healthcare, and various welfare
programs. However, the introduction of the recent waqf amendment bill by the
Indian government is outrig htly an at tempt to further push Muslims to the marg ins
and, hence; has caused considerable unrest wi thin the Muslim communi ty. Being
opposed by the intellectuals, exp erts, activists, leaders, and the masses, the bill is
seen as a stab to centralize control and potentially seize Muslim properties, raising
serious concerns about the economic and social consequences. The discomfort
stems from the belief that the bill's amendments pave the way for the appropriation
of valuable Waqf assets, which could undermine the communi ty's welfare programs
and exacerbate their economic marg inalization.
QU E ST IONS TO BE A DDR E SS E D

1. W hat clauses in the amendment act should be modif ied,deleted or added.


2 . W hat is the leg islative purpose of the bill.
3. How is the bill af fecting communi ty repres en tation.
4. W hat are the ef fects of denotif ication under the 2025 amendment act
5. How is the amendment af fecting state jurisdiction

S OU RC E S TO R E S E A RC H

1. Ministr y of Minori ty af fairs


2. Ministr y of law and justice
3. Central Waqf council
4. Waqf Tri bunals
5. Comptroller and Audi tor general reports
6 . Joint parliament commi t tee report
7. Diss en t notes on Waqf
8. L andmark Case laws
9. NITI A AYOG reports
10. Press information bureau
11. National commission for Minori ties

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