On 24th May, the entire village of Wadanage in Kolhapur, Maharashtra observed a bandh to protest against the land grab by the Waqf Board around Mahadev Temple. Reports suggest that villagers have submitted a statement to Collector Amol Yedge on behalf of the Hindu community. Several Hindu organisations and locals participated in the Bandh.
The villagers have accused the Gram Panchayat of failing to present its case during ongoing hearings related to the land. Though the District Collector assured the delegation of villagers and Hindu organisations that he would look into the matter and appeal to higher authorities, he asked them to first approach the Zila Parishad administration and seek action in the matter.
Speaking to the media, local villager Piraji Sankpal said, “The land, ‘Agricultural Survey No. 89’ at Wadanage, belongs to the Gram Panchayat. The Waqf Board claimed this land 25 years ago, and the hearing has been ongoing since then. Due to the Gram Panchayat administration’s inability to present its side effectively, this land has been transferred to the Waqf Board. In protest, all the Hindus of the village observed a bandh. This situation has arisen because the Gram Panchayat administration’s role in the case has been suspicious.”
In a post on X about the matter, Legal Rights Observatory alleged that a few years ago the temple committee allotted shops to Muslims around the temple as they submitted exorbitant bids during the auction process.
Tension continues to rise as Waqf Board claimed rights on land surrounding Mahadeo Temple of Vadanage in Karvir dist Kolhapur against which Hindus called Band on May 24th drawing massive response!
— Legal Rights Observatory- LRO (@LegalLro) May 27, 2024
Temple committee had allotted shop slots to Muslims in auction few years ago as… pic.twitter.com/YlI53MAiEM
Several local Hindus warned the temple committee that it would create problems in the future and the temple might lose land. However, the management allegedly did not pay heed to the warning and overruled the objection.
What is Waqf
The very literal meaning of Waqf is detention or confinement and prohibition. As per Islam, it is the property that is now available only for religious or charitable purposes, and any other use or sale of the property is prohibited. As per Sharia law, once Waqf is established, and the property is dedicated to Waqf, it remains as Waqf property forever.
Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. As per Sharia, this property is now permanently dedicated to Allah, making Waqf irrevocable in nature.
‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf.
The Waqf Act 1995
The Waqf Act, 1995 was enacted and implemented on November 22, 1995. This act provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli.
This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The Waqf Tribunals are deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court which this act requires to be determined by a Tribunal. Thus, making the Waqf Tribunal decisions above any civil court.
Once a Waqf Board property, always a Waqf property
Since the ownership of the property is transferred to Allah from the waqif in the case of Waqf, and property can not be taken back from Allah, once a property becomes Waqf, it will always stay Waqf.
