WAQF (plural Auqaf) stands for an important Islamic institution which we have inherited from the past, and which possess immense potential for social and economic development of Muslim communities. Making a Waqf is considered a virtuous act, an act of spending in the way of Allah, which carries great reward. For this reason, throughout Muslim World and in all regions where Muslims inhabit, Auqaf has had a formidable presence.
Social scientists attribute the plight of Muslims, interalia, to overall poverty and hunger. "A hungry stomach suspends the functional ability of the mental faculty and therefore suffers from lack of awareness," they say. In-spite of Shariah ordained institutionalization of Zakat and Auqaf, the poverty-stricken majority of Muslims (with a minor group of economically affluent), marks a painful paradox in Muslim communities. Those who can afford do not care for others who deserve their care most. However, some of the philanthropic Muslims of olden days took care to contribute their share for the up-liftment of poor and downtrodden. Thus, they left behind them a glorious asset of numerous waqf properties.
In 1940, an idea of collective and organized management of Muslim wakfs was conceived as a part of popular movement. At that time a number of important Muslim religious places like Shahi Masjid, Srinagar, Mujahid Manzil, Masjid-i-Akhoon Mulla Shah, Ganderbal, Masjid-i-Dara Shukooh and many others were under the occupation of the then State Government and were being used as Sales depot, Grainery, Tehsil Office and Stores for arms and ammunition etc. An organization called "Idara Auqaf Islamia" was created and most of the shrines, mosques and other Waqf properties including the sacred shrine of Hazratbal, where the Holy Relic of Prophet Hazrat Mohammad SAW is placed, were brought under its control. A Constitution was framed which provided setting up of Majlis-i-Uzma (General Council) as the Supreme authority and a Majlis-i-Intizamia (Working Committee) for smooth and democratic functioning of the organization for protecting, maintaining and managing the shrines, mosques and other properties affiliated with the Idara. In 1973 the Majlis-i-Uzama considered it necessary to transform the organization into a Trust for general welfare and efficient management of the ever-growing constituent units of Muslim Waqfs, Khanquahs, Mosques, Shrines, other religious places and institutions and properties attached thereto. On August 31, 1973 in a huge gathering of Muslims at Hazratbal, it was resolved that the Idara Auqaf-i-Islamia be transformed into a Trust called "All Jammu and Kashmir Muslim Auqaf Trust' The Trust Deed was drawn on September 23, 1973.
In Sep.2003 an Ordinance viz the Jammu and Kashmir Specified Wakafs and Specified Wakaf Properties (Management and Regulation ) Ordinance,2003 was promulgated, by virtue of which various Shrines / Mosques & other properties under the management of erstwhile MAT were brought under the control of newly constituted Jammu and Kashmir Specified Wakaf and Specified Wakaf Properties Board. Subsequently, a Bill was placed before J&K Legislature for enactment and the same was passed in January, 2004 as an Act entitled: "THE JAMMU AND KASHMIR BOARD FOR SPECIFIED WAKFS AND SPECIFIED WAKF PROPERTIES (MANAGEMENT AND REGULATION) ACT 2004" came into force.
The Act was amended in 2005 and the words "Jammu and Kashmir Specified Wakfs" were substituted by "Jammu and Kashmir Muslim Specified Wakfs".
On 5th August 2019 with the abrogation of Article 370, the Jammu and Kashmir Specified Wakafs and Specified Wakaf Properties (Management and Regulation) Act 2004 (as amended in 2005) and Waqf Act 19995 came in force with effect from 31st October 2019.
Under Chapter IV (Section 14 of Waqf Act 1995) the Composition of Board is as under.-(1) The Board for a State and [the National Capital Territory of Delhi] shall consist of—
(a) a Chairperson;
(b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of—
(i) Muslim Members of Parliament from the State or, as the case may be, 3 [the National Capital Territory of Delhi];
(ii) Muslim Members of the State Legislature;
(iii) Muslim members of the Bar Council of the concerned State or Union territory:
Provided that in case there is no Muslim member of the Bar Council of a State or a Union territory, the State Government or the Union territory administration, as the case may be, may nominate any senior Muslim advocate from that State or the Union territory, and
(iv) mutawallis of the 1 [auqaf] having an annual income of rupees one lakh and above.
Explanation I. - For the removal of doubts, it is hereby declared that the members from categories mentioned in sub-clauses (i) to (iv), shall be elected from the electoral college constituted for each category.
Explanation II. - for the removal of doubts it is hereby declared that in case a Muslim member ceases to be a Member of Parliament from the State or National Capital Territory of Delhi as referred to in sub-clause.
(i) of clause (b) or ceases to be a Member of the State Legislative Assembly as required under sub-clause
(ii) (ii) of clause
(iii) (b), such member shall be deemed to have vacated the office of the member of the Board for the State or National Capital Territory of Delhi, as the case may be, from the date from which such member ceased to be a Member of Parliament from the State National Capital Territory of Delhi, or a Member of the State Legislative Assembly, as the case may be;] 6
[(c) one person from amongst Muslims, who has professional experience in town planning or business management, social work, finance or revenue, agriculture and development activities, to be nominated by the State Government;
(d) one person each from amongst Muslims, to be nominated by the State Government from recognized scholars in Shia and Sunni Islamic Theology;
(e) one person from amongst Muslims, to be nominated by the State Government from amongst the officers of the State Government not below the rank of Joint Secretary to the State Government;]
1. No Minister of the Central Government or, as the case may be, a State Government, shall be elected or nominated as a member of the Board: Provided that in case of a Union territory, the Board shall consist of not less than five and not more than seven members to be appointed by the Central Government from categories specified under sub-clauses (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1):
Provided further that at least two Members appointed on the Board shall be women: Provided also that in every case where the system of mutawalli exists, there shall be one mutawalli as the member of the Board.]
(2) Election of the members specified in clause (b) of sub-section (1) shall be held in accordance with the system of proportional representation by means of a single transferable vote, in such manner as may be prescribed: Provided that where the number of Muslim Members of Parliament, the State Legislature or the State Bar Council, as the case may be, is only one, such Muslim Member shall be declared to have been elected on the Board: Provided further that where there are no Muslim Members in any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1) the ex-Muslim Members of Parliament, the State Legislature or ex-member of the State Bar Council, as the case may be, shall constitute the electoral college.
(3) Notwithstanding anything contained in this section, where the State Government is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to constitute an electoral college for any of the categories mentioned in sub-clauses (i) to (iii) of clause (b) of sub-section (1), the State Government may nominate such persons as the members of the Board as it deems fit.
(4) The number of elected members of the Board shall, at all times, be more than the nominated members of the Board except as provided under sub-section (3). 2 * * * * * (6) In determining the number of Shia members or Sunni members of the Board, the State Government shall have regard to the number and value of Shia 3 [auqaf] and Sunni 3 [auqaf] to be administered by the Board and appointment of the members shall be made, so far as may be, in accordance with such determination. 2
(8) Whenever the Board is constituted or reconstituted, the members of the Board present at a meeting convened for the purpose shall elect one from amongst themselves as the Chairperson of the Board.
(9) The members of the Board shall be appointed by the State Government by notification in the Official Gazette.
