Waqf by User Explained
Waqf by User Explained: What does ‘Waqf by User’ mean and why is it at the center of a legal battle? In a crucial Supreme Court hearing, lawyers Singhvi and Sibal raised concerns over amendments to the Waqf Act. Here’s a clear explanation of the issue and what lies ahead.
What is the ‘Waqf by User’ property, which Singhvi kept referring to repeatedly in the courtroom? The hearing against the Waqf Law went on for about two hours in the Supreme Court today.Attorneys such as Abhishek Manu Singhvi and Kapil Sibal made numerous arguments against this law.. At the same time, Abhishek Manu Singhvi was constantly referring to the ‘Waqf by User’ property.
Abhishek Manu Singhvi argued in the court that there are 8 lakh Waqf properties across the country, out of which half i.e. ‘Waqf by User’ is registered for over 4 lakh properties. Singhvi further argued and expressed concern that after the amendment made in the Waqf Act, these properties are under threat.
This is a tradition in which a property is considered a Waqf due to being used for Islamic religious or charitable purposes for a long time, even if it does not have a written document or registry.
‘Waqf by user’ is a requirement of Waqf, according to senior attorney Kapil Sibal.. Understand it like this that I have a property and I want an orphanage to be built there, then what is the problem in it? I have land, I want to build it on it, in such a situation why will the government ask me to get it registered? On this, the CJI said, if you get the Waqf registered then it will be easy to keep records.
Justice Vishwanathan replied to the arguments of Kapil Sibal and Singhvi, “According to the law, registration is necessary to avoid fake claims.
Sibal argued on this. He said, it is not so easy. Waqfs were made hundreds of years ago. The government will ask for Waqf Deed of 300 year old property. Where will people get it from? This is the problem. Let us tell you that on Thursday there will be a hearing on ‘Waqf by User’, in which arguments will be presented on behalf of the government.
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