According to the Mohammedans law, an unchallengeable religious endowment of any property for any charity, or religious purposes, or to secure the benefit of the property for the future generation or to the human being is called Waqf and it has long practice in Bangladesh. For the better management of Waqfs or religion endowments for charity, the Government of Bangladesh has introduced new law by amending the previous Acts and Ordinance.
The new law still has some limitation that resulted all over the country, there are huge areas of Waqf estates those have already gone under possession of social elites, political clowns, and even governmental agencies. This study identifies that the new law provided special emphasis on the welfare and interest of the Waqf beneficiaries by transferring property that is a major drawback. It recommends alternative funding rather than property transfer or sell-out, prevents illegal possession, training for the administrators.
Table of Contents
1. PROBLEM STATEMENT
1.1 Introduction:
1.2 Background of the Problem:
1.3 Research Questions and Objectives:
2. METHODOLOGY OF THE STUDY:
2.1 Review Strategy
2.2 Research Method:
3. LITERATURE REVIEW
3.1 The Conceptual Framework of Waqf:
3.2 History of Waqf and the Islamic Jurisprudence
3.3 Chronological Development of Waqf Law in Bangladesh
3.4 Core Content of the New Act 2013:
4. DISCUSSION & FINDINGS
4.1 Waqf Ordinance 1962 & Waqfs Special Provisions Act 2013:
4.1.1 Unregistered Waqf Estates:
4.1.2 Inadequate Human Resources:
4.1.3 Transfer of Waqf Properties:
4.1.4 Development of Waqf Estates:
4.1.5 Accountability of Waqf Estates:
4.2 Unaddressed Areas:
4.2.1 Illegal Possession of Waqf Properties:
4.2.2 Lack of Progressive and Innovative Ideas
4.2.3 Qualification and Integrity of the Mutawallis
4.2.4 Corporate Social Responsibility:
4.2.5 Capital Mobilisation and Development:
5. RECOMMANDATION & CONCLUSION
5.1 Recommendations:
5.2 Conclusion:
Research Objectives & Key Themes
This study aims to conduct a legal review of the Waqfs (Transfer and Development of Property) Special Provisions Act, 2013, to identify major drawbacks in the current legal framework and propose management strategies that effectively safeguard the interests of Waqf beneficiaries in Bangladesh.
- Legal critique of the Waqfs (Transfer and Development of Property) Special Provisions Act, 2013.
- Evaluation of Waqf property mismanagement and illegal acquisition issues.
- Analysis of the transition from the Waqf Ordinance 1962 to the new 2013 legislation.
- Development of recommendations for policy reform, including alternative funding and administrative training.
Excerpt from the Book
1.2 Background of the Problem:
The New Age (2014) reported that it is identified through an investigation of the Ministry of Religion that the Mutwalli of ‘Joynab Bibi Waqf Estate’ in Sylhet had taken permission from the Waqf Administrator to transfer 5.6 acres of land for the development of the beneficiary, but practically he transferred 9.36 acres of land. In some cases, Mutwallis mutated the properties of the waqf estates as their private property. To protect the illegal transfer of the waqf estates, it is essential to have an effectual system; however, under such background problem, the Waqfs (Transfer and Development of Property) Special Provisions Act, 2013 has come into execution.
Bdnew24 (2014) reported that within very short time of introduction of this Act, on 21st April 2014, a learned advocate of the Supreme Court filed a writ petition of challenging section 4, and 8 to 14. After hearing, the honourable High Court bench comprising with Justice Mirza Hussain Haider and Justice Muhammad Khurshid Alam Sarkar also issued a Rule Nisi upon the Secretary of Law, Secretary of Religion, and Waqf Administrator to explain why the sections are not illegal and out of legal authority.
Under above circumstances, it is important to conduct a review on the Waqfs (Transfer and Development of Property) Special Provisions Act, 2013 for further reformation.
Summary of Chapters
1. PROBLEM STATEMENT: Discusses the current state of Waqf estates in Bangladesh, highlighting mismanagement and the introduction of the 2013 Act as a regulatory response.
2. METHODOLOGY OF THE STUDY: Outlines the research approach, relying on a systematic secondary legal review to analyze the 2013 Act's effectiveness.
3. LITERATURE REVIEW: Explores the historical, religious, and legal foundations of Waqf, tracing its evolution in Islamic jurisprudence and Bangladesh's colonial history.
4. DISCUSSION & FINDINGS: Compares the 1962 Ordinance and the 2013 Act, identifying gaps in registration, accountability, and the protection of Waqf properties.
5. RECOMMANDATION & CONCLUSION: Offers policy suggestions, such as the introduction of Waqf bonds and stricter qualification criteria for Mutawallis, to better safeguard beneficiary interests.
Keywords
Waqf Property, Waqf estates, Transfer of Waqfs Properties, Special Provisions of Waqf, The Waqfs (Transfer and Development of Property) Special Provisions Act, Bangladesh, Legal Review, Mutawalli, Beneficiary Interest, Property Management, Islamic Jurisprudence, Waqf Bonds, Land Reform, Administrative Accountability, Social Welfare.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper examines the effectiveness of the Waqfs (Transfer and Development of Property) Special Provisions Act, 2013, in protecting the interests of Waqf beneficiaries in Bangladesh.
What are the core thematic areas discussed in the work?
The key themes include the legal history of Waqf, the comparison between the 1962 Ordinance and the 2013 Act, illegal land acquisition, and the necessity for modern administrative reform.
What is the ultimate research objective?
The objective is to provide a comprehensive legal review that assists policymakers and practitioners in improving the management and sustainability of Waqf estates.
Which scientific methodology does the author employ?
The author uses a systematic legal review based on secondary research, analyzing existing laws, acts, and relevant literature to identify regulatory loopholes.
What topics are covered in the main body of the study?
The main body covers the conceptual framework of Waqf, historical developments, a critical analysis of the 2013 Act's sections, and an identification of unaddressed areas like corruption and lack of progressive funding.
Which keywords best describe this study?
Essential keywords include Waqf property, legal review, Bangladesh, transfer of properties, Mutawalli accountability, and beneficiary interest.
Why is the 'transfer' provision of the 2013 Act considered controversial?
The author argues that using the transfer of land as a means of development contradicts the core essence of Waqf, which is to keep properties immutable for charitable purposes.
What role do Mutawallis play in the problems identified?
Mutawallis are often identified as central figures in mismanagement, sometimes colluding with land-grabbers due to a lack of proper qualifications, ethical training, and strict oversight.
What specific recommendation does the author make regarding funding?
The author strongly recommends moving away from selling or transferring Waqf lands and instead introducing 'Waqf Bonds' to mobilize capital through the stock market.
How should the Special Committee be restructured, according to the paper?
The author suggests that the Special Committee should incorporate representatives from the Waqf beneficiaries themselves, as they possess more direct knowledge of their specific needs and welfare than the current bureaucratic members.
- Citar trabajo
- Nasima Talukder Monmoon (Autor), 2015, To What Extent the Legislation for Waqf Estates Management Could Safeguard the Beneficiary’s Interest, Múnich, GRIN Verlag, https://www.grin.com/document/613551
