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Doctor of Philosophy in Political Science GOVERNANCE AND DEVELOPMENT OF AUQAF IN INDIA: A CASE-STUDY OF DELHI WAQF BOARD THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF Doctor of Philosophy In Political Science BY TABASUM RASOOL UNDER THE SUPERVISION OF PROF. ARSHI KHAN DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2018 Department of Political Science TELEPHONES Aligarh Muslim University Chairman : (0571)2701720 Aligarh-202002 Amu PABX : 2700916/2700920-21-22 Chairman : 1561 Office : 1560 Fax : 0571-270028 Certificate This is to certify that Mr. Tabasum Rasool, Research Scholar of the Department of Political Science, A.M.U. Aligarh has completed his thesis entitled “Governance and Development of Auqaf in India: A Case-Study of Delhi Waqf Board”, under my supervision. This thesis has been submitted to the Department of Political Science, Aligarh Muslim University, in the fulfillment of requirements for the award of the degree of Doctor of Philosophy. To the best of my knowledge, it is his original work and the matter presented in the thesis has not been submitted in part or full for any degree of this or any other university. (PROF. ARSHI KHAN) Supervisor DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH-202002 (INDIA) Ref No………………. Dated : …………………… Candidate’s Declaration I, Tabasum Rasool, Department of Political Science certify that the work embodied in this Ph.D. Thesis is my own bonafide work carried out by me under the supervision of Prof. Arshi Khan at Aligarh Muslim University, Aligarh. The matter embodied in this Ph.D. Thesis has not been submitted for the award of any other degree. I declare that I have faithfully acknowledged, given credit to and referred to the research workers wherever their works have been cited in the text and the body of the thesis. I further certify that I have not willfully lifted up some other's work, para, text, data, result, etc. reported in the journals, books, magazines, reports, dissertations, theses, etc., or available at web-sites and included them in this Ph.D. thesis and cited as my own work. Dated ........................................ TABASUM RASOOL Enrolment No. : GD-2352. …………………………………………………………………………………………. Certificate from the Supervisor This is to certify that the above statement made by the candidate is correct to the best of my knowledge. Signature of Supervisor Prof. Arshi Khan Department of Political Science Aligarh Muslim University, Aligarh (Signature of the Chairperson of the Department with seal) DEPARTMENT OF POLITICAL SCIENCE ALIGARH MUSLIM UNIVERSITY ALIGARH-202002 (INDIA) Ref No………………. Dated: …………………… COURSEWORK/COMPREHENSIVE EXAMINATION/PRE-SUBMISSION SEMINAR COMPLETION CERTIFICATE This is to certify that Tabasum Rasool, Department of Political Science has satisfactorily completed the course work/comprehensive examination and pre-submission seminar requirement, which are part of his Ph.D programme. Prof. Nigar Zuberi Chairperson Department of Political Science Aligarh Muslim University, Aligarh COPYRIGHT TRANSFER CERTIFICATE Title of the Thesis : Governance and Development of Auqaf in India: A Case-Study of Delhi Waqf Board Candidate’s Name : Tabasum Rasool Copyright Transfer The undersigned hereby assigns to the Aligarh Muslim University, Aligarh copyright that may exist in and for the above thesis submitted for the award of the Ph.D. Degree. TABASUM RASOOL Acknowledgement Once a waqf is created, the donor ceases to be the owner of such dedication. The ownership is transferred to ALLAH. Everything belongs to Him. It is His blessings and countless favours that have shaped this thesis. I bow to Him in gratitude for bestowing me the courage, patience and guidance to undertake this work. I seek His blessing and forgiveness for me and the people around. While pursuing this work, I acquired many material as well as intellectual debts. It is not possible to name all those who have supported or inspired me. Those who stand mentioned should know that the words of thanks offered are only tokens of deep gratitude. Our Beloved Prophet Muhammad (May Allah’s Peace, Mercy and Blessings be upon him) said that none is grateful to ALLAH unless he is grateful to His creation and to acknowledge them is to acknowledge Him. Therefore, to begin with, a heartfelt gratitude substituted with heartiest prayers for Sir Syed Ahmed Khan for his tireless struggle and unbound concern for our today. I take this opportunity to thank him for giving us hope and lessons to conquer the universe. May ALLAH grant him highest place in Jannat. Prof. Arshi Khan, my favourite teacher and supervisor needs special thanks for his constant supervision, guidance and advices at various levels of present work. I am indebted to him for showing keen interest and concern in the accomplishment of the present work and thankful for granting the academic liberty. Being under his supervision has not only shaped me academically but has left a deep positive effect on the development of my being. I respect him, I thank him and I acknowledge him. I am grateful to Prof. Nigar Zuberi, Chairperson, Department of Political Science, Aligarh Muslim University, Aligarh for her support and encouragement. I take this opportunity to express my sincere gratitude to all the teachers and non-teaching staff for their support in providing healthy academic environment in the department For financial reasons I am grateful to University Grants Commission and Indian Council of Social Science Research (ICSSR). I am thankful to ICSSR for awarding me Doctoral Fellowship to carry out the present research work. Many people have their share in shaping me. Two among them stand tall. I am short of words to express the gratitude. Thank You Irfan Bhai and Owais Bhai for your unconditional love, care, support, advice and love for every second you shared with me. Similar gratitude is for Hilal Bhai. Junaid Tariq was always and ever ready, like a younger brother, to accompany me for a cup of tea and delicious cuisines available in Aligarh. Thank You Juni. Many friends also deserve credit for their moral and logistical support. Throughout this journey, I received invaluable support and encouragement from many people especially Fayaz Bhai, Nazir Bhai, Farooq Bhai, Nayeem Bhai, Shakil Bhai, Sameh, Tariq, Mustufa, Rameez, Shabir, Junaid, Tahir, Adil, Ishu, Waseem, Farooq Mamu, Fira, Saitha, Basharat, Dilawar, Shaan, Irshad, Javed, Gowher, Hilal, Sajad, Mannan, Arhan, Ana, Mudasir, Inaam, Nazia Apa, Asma, Sheetal, Hira, Komal, Bahar, Saima, Huda, Absar, Danish, Tafu, Usman and others. I am also thankful to the staff of Delhi Waqf Board especially Mehfooz Sahab and Rana Parween Siddiqui (Chairperson DWB). Ghulam Rasool Dar, my father, words are not enough to express the gratitude, love and respect for you Aba. May ALLAH reward you and prolong your shadow of love and affection on me. Ateeqa, my mother, I am missing you Boba. May ALLAH grant you highest place in Jannat. Javeed Ahmed Dar, my elder brother, special thanks to you. I know and feel the sacrifices and efforts you put in for my dreams. Love You Bhaigash. Thanks to Zareefa, my sister-in-law for being there just like a mother. Thank You Didi. Shameema, Rubeena, Zahida and Mehjabeena love you my sisters for giving meaning to my life. Thanks a lot for your love, care and prayers. I am also thankful to my brother in laws, Dr Sona Ullah Teli (May ALLAH grant him highest place in Jannat), Reyaz Ahmed Dar and Showket Ahmed Sofi.. Similar thanks to Ifat Didi. Hearing Mamu and Unca always felt music to my ears. Thank you my nieces and nephews for making life joyful. May ALLAH bless you all-Ifat, Humaira, Zeenat, Abiru, Haniya, Majid, Wahid, Faizan, Ruhan and Zuhaib. Ifat (Choti), the eldest among them, needs special mention otherwise I will be forced to rewrite it. Love You. November , 2018 Tabasum Rasool CONTENT List of Tables i List of Figures ii Glossary iii INTRODUCTION 1-8 Statement of the Problem 1 Literature Review 2 Objectives of the Study 6 Research Question 6 Hypothesis of the Study 6 Research Methodology 6 Structure of Thesis 7 CHAPTER ONE: HISTORICAL BACKGROUND 9-28 1.0 Introduction 9 1.1 Meaning of Waqf 9 1.1.2 Characteristics of Waqf 11 1.1.2.1 Irrevocability 11 1.1.2.2 Perpetuity 11 1.1.2.3 Inalienability 11 1.1.3 Origin 12 1.1.4 Types 13 1.1.4.1 Based on Beneficiaries 14 1.1.4.2 Based on Endowed Property 14 1.1.5 Purpose and Importance 15 2.0 Ideological and Constitutional make up of 17 Waqf Legislation 2.1 Ideological Evolution of Waqf Legislation 17 2.2 Impact of British Colonialism on the Law of Waqf 19 2.3 Evolution of Waqf Legislation in Post-colonial India 25 CHAPTER TWO: GOVERNANCE OF AUQAF IN INDIA 29-51 2.0 Introduction 29 2.1 Auqaf in India 29 2.2 Meaning of Governance 31 2.3 Governance of Auqaf in India 33 2.3. 1 Central Government 34 2.3.2 State Government 34 2.3.3 Central Waqf Council 37 2.3.3.1 Composition of Council 38 2.3.3.2 Working of Council 38 2.3.4 State Waqf Boards 39 2.3.4.1 Composition of Waqf Boards 39 2.3.4.2 Powers and Functions 40 2.3.5 Mutawallis 47 2.3.6 Chief Executive Officer 49 2.3.7 Waqf Tribunal 49 2.3.7.1 Composition of Tribunal 51 CHAPTER THREE: DEVELOPMENT OF AUQAF IN INDIA 52-69 3.0 Introduction 52 3.1 Meaning and Importance of Development of Auqaf 52 3.2 Recognised Modes of Development of Waqf Properties 54 3.2.1 Borrowing 55 3.2.2 Mursad Loan 55 3.2.3 Hukr (Long Lease) 56 3.2.4 Ijaratayn (Lease with dual payment) 56 3.2.5 Adding a New Waqf to the Old 56 3.2.6 Substitution 56 3.2.7 Murabahah 57 3.2.8 Istisna 57 3.2.9 Ijarah 58 3.2.10 Mudarabah 58
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