August 16th 2023.
The Aga Khan Shia Ismaili Muslim community has recently approached the government seeking to draft a law to keep those charitable trusts and properties out from the Waqf Board's ambit that are not 'waqf'. A 'waqf' is a dedication to God that is permanent within the Muslim community.
Members of various sects within the community have argued that those trusts created for charitable functions have been listed as 'waqf' by the Board. This has caused issues for the Charity Commissioner's Office, as they have been unable to process matters of those trusts whose pleas are pending before the Waqf Tribunal.
Hundreds of charitable institutions, including those related to Shias, Sunnis, and Dawoodi Bohras, have approached the Tribunal to challenge their being listed as 'waqf'. These institutions have argued that even though they perform secular functions, they have been registered as Muslim minority organisations.
Anjuma-I-Islam, which runs multiple educational facilities, was one of the first to challenge the 'waqf' tag. Ismail Sonawalla, a member of the Shia Ismaili community, stated that they had to write to the Centre after the issue came to a standstill at the CCO.
In July, 'His Highness Prince Aga Khan Shia Imami Ismaili Council for India' sent a letter to the Tribunal. The letter stated that five of the trusts listed as 'waqf' properties are in fact charitable institutions. These included Prince Aly Khan Hospital in Mazgaon, The Diamond Jubilee Trust, Mahomed Jaffer Ramzanally Ismaili Khoja Sanatorium in Panchgani, Dhanjibhai Karmali Khoja Orphanage Trust, and Sheth Mohamedbhai Rawjee Trust in Pune.
Members of other denominations and Muslim minority organisations have also filed cases with the Tribunal, however, they are yet to be decided. The Waqf Board first came out with a list in 2003, which was challenged and they later released another one. This went on until a high court order set the list aside, and the ruling was challenged by the Waqf Board and the state government. A status quo was granted in 2011, and the matter was heard by the Supreme Court in October 2022. Over 190 trusts were asked to file their papers with the Tribunal if they had a grievance of coming under the 'waqf' list.
The Board was supposed to complete their inquiry and come up with a decision within six months, however, this has not yet happened. To address this issue, Shinde-Fadnavis have launched a portal for online registration of Waqf properties.
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