Once a Waqf, always a Waqf
Waqf, a pious endowment in Islamic law is rooted in the teachings of Prophet Muhammad (PBUH). A companion Abubakr Siddiq (RA) purchased and assigned the land for construction of mosque of Prophet in Madina. The Quranic revelation “You will not attain unto piety until you spend of that which you love”.
The messenger of Allah said, “when a human being dies his deeds end except for three: ongoing charity, beneficial knowledge or a righteous child who prays for him”. It has encouraged Muslims to dedicate wealth for good cause like Waqf.
Concept of Waqf
The concept of waqf in Muslim law is a permanent dedication of properties for religious, charitable and pious purposes. The word waqf comes from the Arabic word which means to tie up, stoppage or detain. The movable and immovable assets are dedicated unconditionally to divine and must be irrevocable. The donor is called a Waqif the Waqif appoints a Muthavalli or trustee to manage the property. The usufruct of property is utilised for the specific purpose for which it is dedicated or for the benefit of the destitutes. Once an asset is dedicated to the divine it cannot be sold transferred hypothecated or given as a gift.
Auqaf in India
The idea of waqf dates back to the Delhi sultanate when Sultan Muizuddin Sam Ghour dedicated two villages in favour of Jamia Masjid Multan. In Mughal rule there was no centralised management of waqfs. They are managed by individually appointed trustees under the supervision of local Imams. He was accountable to regional khazi. The law of waqf was codified under British rule. “Musalman Waqf Validating Act 1913”, “Musalman Waqf Act 1923” were passed. The “Shariat Application Act 1937” notified that waqf properties comes under Muslim personal law. After independence Waqf Act 1954 was enacted for the entire country except the state of Jammu and Kashmir. Further a comprehensive Act was brought in force in the year 1995. Adjudication of waqf litigations by the waqf Tribunals was introduced. There after it was further amended during 2013 providing representation to women in the waqf board, multi member waqf Tribunals and the alienation of waqf properties is considered as non bailable and cognizable offence with up to 2 years rigorous imprisonment.
Management of Auqaf in Karnataka
During Vijayanagar, Bahamani, Adil Shahi, Tippu and Wodeyar's rule, numerous charities and endowments were made to Hindus and Muslims. The religious endowments of Hindus and Muslims were managed as per the provisions of The Mysuru Muzrai Manual 1934. During 1974 the state government decided to transfer these waqf properties to the waqf Board for their management under Waqf Act 1954.
Abolition of Zamindari System
Consequent to the abolition of Zamindari system Karnataka Inam Abolition Act 1955, Karnataka certain Inams Abolition Act 1977 were passed. Consequent to the 73rd amendment to the constitution Karnataka Land Reforms Act 1974 was enacted. Due to these enactments more than 79,000 acres of notified waqf properties were granted to the Inamdars and tenants out of 1.7 lakh acres in the state.
Waqf is always a Waqf
Honourable supreme court of India in Syed Ali and Others V/S Andhra Pradesh Waqf Board ordered on 18/01/1998 that “Waqf is always a Waqf” and the grant of Patta in favour of Mokhasadar under the Inam Act does not in any matter, nullify the earlier dedication made of the property constituting the same as waqf.
The Karnataka State Board of Auqaf sought clarification from the state government regarding applicability of Karnataka Religious and Charitable Inam Act, Karnataka Certain Inams Abolition Act 1977 and Karnataka Land Reforms Act 1974 to the waqf properties in view of the aforesaid Supreme Court judgement. The then Secretary to government Minority Welfare Department in his letter dated 27/07/2017 sought the opinion of the Law Justice and Human Rights Department. The said department clarified that the properties which the State Government claims to have vested in the government by virtue of Inam Abolition Laws or Land Reforms Act have no juridical significance. In view of the interpretation of waqf made by Honourable Supreme Court of India in its judgement reported in AIR1998 SC 972, Law department is of the opinion that once a property held to be Waqf property, in such an event there is no scope for application of either Inam abolition Laws or land reforms Act.
The State Government in its letter no MWD118WES2017 dated 19/12/2017 directed the Karnataka State Board of Auqaf to recover the Waqf lands acquired by individuals as well as the groups and to take legal action as per the provisions of the waqf Act 1995 (Amendment) Act 2013. The Board requested the Regional Commissioners and Deputy Commissioners in the State to restore the waqf properties affected under The Inams and Land Reforms Laws. Accordingly, the Tahsildars initiated to issue notices to such grantees and noted as “Waqf Property” in the record of rights of such properties. Many of such grantees have assailed the mutations effected by the Tahsildars. The Honourable High Court of Karnataka has issued directions to the Tahsildars to issue notices, hear them and then take the decision.
Now the state government has decided not to issue any notices which is obviously against the decision of Honourable Supreme Court of India and the clarification issued by the Law Department. Lest there is serious social, political and legal implications inherent in the implementation of orders of Honourable Supreme Court. Since 1995 to date the Inamdars and tenants have sold the properties, some of the lands are converted to non-agricultural purposes, residential lay outs have come up and commercial buildings are in use. The state government has to ponder over the issue with legal luminaries, Waqf Board authorities, senior bureaucrats and social scientists and come out with an acceptable solution in the interest of lasting peace in the society.
This article is written by Mujibullah Zaffari, Former Chief Executive Officer, Karnataka State Waqf Board.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Two women died, 6 taken ill after ‘consuming’ mango kernel gruel in Odisha
Bhubaneswar/Berhampur/Phulbani, Nov 1: At least two tribal women died and six others fell ill after allegedly consuming mango kernel gruel in Odisha's Kandhamal district, police said on Friday.
Consumption of mango kernel, prepared by boiling the seeds in water, was reported from Mandipanka village in the district's Daringbadi block, an officer said.
While one of the two women (Rasmita Pattamajhi aged 22) died on Thursday night at Mohana community health centre in Gajapati district where she was undergoing treatment after "consuming the gruel", another woman (Runu Majhi aged 29) breathed her last while being taken to MKCG Medical College Hospital in Berhampur, Gadapur sarpanch Kumari Mallick said.
Six others, who fell ill after allegedly consuming the gruel, were admitted to a hospital and their condition was critical, said Dr Subrat Das, a medical officer of the health facility.
"All the six have been admitted to the hospital in a serious condition. We suspected that they fell sick due to food poisoning. The exact cause of the illness will be ascertained after completion of the investigation," he added.
The six were identified as Pravati Patmajhi, Dranglu Patmajhi, Tuni Majhi, Susama Patmajhi, Jita Majhi and Jibanti Majhi, Daringbadi BDO Pritiranjan Ratha said.
Meanwhile, the Odisha government has rejected allegations that tribal people have been consuming mango kernel gruel due to a lack of access to rice under the Public Distribution System (PDS).
Rasmita's husband Anil Pattamajhi alleged that they were denied rice under PDS for the last three months because of which his wife consumed mango kernel.
However, Kandhamal district magistrate-cum-collector Amrit Ruturaj dismissed the allegations, saying the family received rice according to PDS norms. "We are awaiting the postmortem report to determine the facts," the collector added.
Deputy chief minister Pravati Parida, who is also in-charge of the women and child development department said, "It is not a case of malnutrition. Mango kernel is part of their (tribal) regular diet. Sometime, the mango kernels get contaminated and lead to such unfortunate incidents. We have been actively spreading awareness about the risks of food contamination."
Health and family welfare minister Mukesh Mahaling, who ordered a departmental inquiry into the death of two tribal women, said a team from the district headquarters hospital and another local team are at the spot to assess the situation and conduct a detailed probe into the incident.
Mahaling said that the government was waiting for the postmortem report for a confirmation on the cause of the deaths. "People in Kandhamal consume mango kernel. It is common in that region and there also have been reports of health complications linked to it in the past," he said.
The Kandhmal incident reminds a similar tragedy involving mango kernel deaths in Kashipur block of Rayagada district, where at least 20 people died in 2001, and two more succumbed to mango kernel consumption in 2016. Additionally, mango kernel has claimed lives in Laxmipur in Koraput district in 2012 and 2013, as well as in Jharigaon in Nabarangpur district in 2018.
