Administration of Waqf Estate in Bangladesh: A Case Study of Rajshahi District

Abstract

The present study has observed that there are in Bangladesh more than a lakh of waqf estates having an annual average income of nearly Tk 500 crores. As per utilization of this large resource could have become a powerful instrument for the upliftment of the Bangladeshi Muslim community and of the society in general, but unfortunately many of these existing waqfs have not escaped the process of decadence brought in by the twin impact of neglect and misuse, and criticism are often arisen regarding their mal-administration. Traditionally, the Muslims of Bangladesh are deeply religious sentiment having strong attachment to the Islamic institution and culture. As a third largest Muslim country in the world a vast properties are endowed to waqf in Bangladesh. So the institution of waqf has possessed a very distinctive place throughout the country though the general mass of this county have a little conception in this regard. The present study has tried to explore the insufficiency and deficiencies as to the waqf institution and waqf laws. This study states the historical background or waqf administration and waqf laws. After the establishment of first waqf estate in this sub-continent around ( 1185-95 AD) till to the 18th century while waqf estates were administered by Qazis, is (Chief Justice and Chief Ecclesiastical Officer) and mutwall is in the direction or Sultan and Mughal Emperor, there was 110 codified law at that period. Waqf law began with the enactment of the regulation XIX of 1810 of. Bengal code and VI 1817 of Madras Code and the Religious Endowment Act 1863, passed by the British in India. The British passed several so called waqf laws which are still inforce in Bangladesh. In the first instance the management of waqf estates in Bangladesh were governed by the Bengal Waqf Act. 1934. Afterwards in order to proper and smooth management of waqf estates as well as according to need of time, Waqf Ordinance 1962 was promulgated. After the independence of Bangladesh in 1971 the aforesaid ordinance is still inforce in this country. Government of Bangladesh makes the Bangladesh Waqf Administration Rules of 1975 and the Bangladesh Waqf Administration Employee Service Rules of 1989 for the proper and smooth management of waqf estates in Bangladesh. The general aims of the present study are to examine the effectiveness of waqf legislations in case of directing the management of waqf estates in the country and to find out the deficiencies of these Laws. This study has identified that Waqf Ordinance 1962 is still controversial one due to some shortcomings and lacunas of certain section: and sub sections of said Ordinance and its implementation has remained inefficient and defective. It is also found through this study that on account of existing shortcomings of Waqf Ordinance it is unable to cope with the problem of waqf estates such as removal and appointment or mutwallis, encroachment of waqf lands, illegal alienation of waqf properties, recovery of waqf contribution, enrolment of waqf estates and eviction of trespassers etc. Another chief aim or the present study is to identify the external and internal problems of waqf administration, established under the Ministry of Religious Afairs for governing and supervising the management of waqf estates all over the country. It remarkable that for years Bangladesh Waqf Administration has remained a poorly managed body, its manpower hardly increased in the last four decades. Presently it has only 99 officials and employees. Besides the head office it has poorly equipped office in 24 out of 64 districts many of which are run by lower grade officials and employees. Main source of income of the waqf administration is waqf contribution coming annually from waqf estates. After analyzing the overall working of waqf administration present study expresses that due to weak administrative structure, inadequate manpower and paucity of fund it is not possible lo make waqf Administration frequent and through inspection to prevent malversation. It is chalked out by this study that there is no provision for pension scheme for the staffs and oficials of the waqf administration and also having no provision for training to increase tile efficiency to the staffs or tile waqf administration, the functioning of this institution is. Always remained far from satisfactory. The present study looked for some suggestion to remove the above mentioned difficulties or waqf administration. It is found by this study that inspite of having provision for survey in the Waqf Ordinance 1962, first attempt was taken by the waqf administration in 1981 to conduct a survey of all waqf estate but the saine could not be started even in proper form clue to inadequate field staffs of waqf administration and inexperience of local administration. Lastly a survey was conducted in 1986 through the Statistics Bureau, Bangladeshi The present study criticizes the positive and negative side of said census or waqf estates in 1986. The major contribution of this census work are - it reveals the exact number of waqf estates, it uplifts the sources or income and types of expenditure along with other characteristics. But unfortunentely the census of waqf estates 1986 paicl little or no attention to the Pirpul waqf estates (Dargah/Mazar waqf estates) and waqf- al-aulad estates, in the country though these estates have occupied a very distinctive place in the socio economic perspective of Muslim community. It deducted the Shia waqf estates and abandoned waqf estates (Waqf estate left by the migrated Pakistani during the liberation period) from its preview. There are innumerable cases of neglect, encroachment and illegaI occupations, the census of 1986 completely overlooked these critical problems of waqf estates. However the present study has given a suggestion for conducting a comprehensive survey through the joint venture of Waqf administration and local administration relating to waqfs. The census of waqf estates 1986 conducted. by the Statistics Bureau reveals That there are 20 I enrolled Pirpul waqf estates in the country. It is found that these Pirpul waqf estates (Dargah/Mazar waqf estates) have been suffering from different kinds of critical problems such as illegal occupation of Pirpul properties by encroachers, adverse effects of land reforms laws, controversy over the Nazars and offerings represented by the devotees in favour of the Dargah of the holy Saint, weak management of Dargah committee/mutwalli etc. Moreover some other elementary problems e.g. begging, staying of the Mastan inside the Dargah premises, confliction among the Khadims, lacking of sanitation, water supply and some others problems relating to it hampering the religious and charitable activities of this institution. Existing Waqf Ordinance does not contain any specific provision to mitigate these problems. The present study has made a suggestion to formulate a separate legislation for governing the management of said estates smoothly and properly. It is identified by this study that family waqf or waqf-al-aulad is another problem related area in the waqf administration. Originally waqf-al­aulad is created for gaining swab by dedicating properties for the

beneficiation of the descendants. But the callous indifference of beneficiaries and mutwallis towards the maintenance and improvement of waq[ properties, incredulity among the relatives, adverse effects or land reform laws, income Tax law and other laws thrown them in to a pitiable condition. Sadly neither the government nor waqf administration has taken and initiative for survival or this institution. However the problems mentioned above not only the problem of the waqf estates and waqf administration also to the problem of the Muslim community. But still no such mentionable step has been taken in this regard. Waqf administration was taken an initiative by sending a proposal to the Ministry of Religious Affairs for the appointment of additional manpower and the amendment of the present Waqf Ordinance but no result has come out in this matter as yet. The present study has made a suggestion for the amendment, enlargement and new addition of certain sections-and sub-sections of the Waqf Ordinance 1962 and also drawn a recommendation for eradicating the financial and administarial problems of waqf administration which is growing fast and bas become a bar to reduce this institution of waqf as a welfare and serviceable institution for the poor and destitute people in the country.