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India’s New Waqf Law Faces Criticism, but Similar Rules Exist Globally

April 19, 2025, 10:57 am

India’s recently amended waqf law has stirred debate. However, both the concept of waqfs and the legal systems to manage them are common across several countries, especially those with Muslim majorities.

Waqf Practices Are Not Unique to India

Waqfs are part of Islamic tradition. Many countries have laws that regulate how waqf properties are created and managed. The Indian government’s new law — the Waqf (Amendment) Act, 2025 — has received pushback, but many of its rules resemble those in other Muslim-majority nations.

The Supreme Court of India is currently reviewing petitions that challenge the law’s constitutionality. Meanwhile, the court has put some sections of the law on hold until the case resumes in May.

What Is a Waqf and How Is It Regulated?

Waqfs refer to properties donated for religious or charitable purposes under Islamic law. Traditionally, these properties cannot be sold or used for other purposes. In many countries, including India, laws prevent such misuse and assign special authorities to manage waqfs.

India has had a legal framework for waqfs for over a century. The current law replaced earlier versions from 1995, 1954, and even a British-era law from 1923. The first formal waqf-related legal guidelines in India appeared in 1913.

Laws in Other Countries

Several Islamic nations have waqf laws, including Saudi Arabia, Jordan, Turkey, Qatar, Iran, Kuwait, UAE, Oman, Pakistan, Bangladesh, and Bahrain.

Saudi Arabia is a key example since it oversees the two holiest mosques in Mecca and Medina. Jordan, which manages the Al-Aqsa mosque in Jerusalem — Islam’s third most sacred site — also plays a major role. Jordan’s royal family traces its lineage to Prophet Mohammed.

According to a government factsheet, India’s new waqf law is closely aligned with Saudi Arabia’s system. However, a key difference is that Saudi Arabia does not include non-Muslims in waqf management. This is understandable, as Saudi Arabia is an Islamic state, while India is a secular democracy.

Court Oversight Differs Between Countries

Like India’s revised law, Jordan allows courts to handle waqf disputes. But Jordan uses religious courts, whereas India assigns regular courts jurisdiction under the new law.

In contrast, India’s older waqf law had limited court oversight. Under that system, decisions by waqf tribunals could only be challenged through revision petitions, not full appeals. Revision petitions focus on legal procedures, while appeals review the facts of the case as well.

India’s Unique Inclusion of Non-Muslims and Marginalized Muslims

One notable feature of the Indian law is the inclusion of non-Muslims in managing waqfs — a rare move globally. Most Muslim-majority countries don’t allow this. Turkey appears to have vague provisions on this, and Iran and Oman allow limited involvement of non-Muslims.

India’s law also includes members from backward Muslim communities — such as Shia, Sunni, Bohra, and Aghakhani — in waqf boards. By contrast, countries like Kuwait, Qatar, Saudi Arabia, UAE, Bahrain, Pakistan, and Bangladesh don’t offer formal representation to socially disadvantaged Muslim groups in their waqf institutions.

Pinarayi Vijayan, Rahul Gandhi Slam RSS for ‘Targeting’ Minorities

April 6, 2025, 11:58 am

A recent article in Organiser, the publication linked to the RSS, has triggered sharp criticism, especially from Kerala Chief Minister Pinarayi Vijayan. The piece discussed how much land the Catholic Church owns in India. Many political leaders now believe the article is part of a broader plan to isolate and target minority groups.

Vijayan Slams RSS Agenda

Kerala CM Pinarayi Vijayan expressed strong opposition to the article. He accused the Sangh Parivar of using it as a tactic to marginalise minorities. He connected the article to the Waqf Amendment Act, recently approved in Parliament.

In a post on X, Vijayan wrote, “The article in the RSS mouthpiece @eOrganiser about the Church’s ownership of land, published soon after the Waqf Amendment Act was passed, lays bare the Sangh Parivar’s deep-rooted antagonism towards minorities. Though later withdrawn, it reveals a deliberate, step-by-step attempt to target and isolate minorities and their institutions. Secular forces must unite in resistance.”

Rahul Gandhi Says Christians Are the Next Target

Congress MP and Leader of Opposition in Lok Sabha, Rahul Gandhi, also responded sharply. He said the RSS had quickly shifted focus to Christians after targeting Muslims through the Waqf Bill. The bill recently received President Droupadi Murmu’s assent.

Rahul Gandhi wrote on X, “I had said that the Waqf Bill attacks Muslims now but sets a precedent to target other communities in the future. It didn’t take long for the RSS to turn its attention to Christians.” He also added that “the Constitution remains the only safeguard against such attacks,” urging citizens to stand up for it.

Chennithala: Link Between Waqf Bill and Church Properties

Senior Congress leader Ramesh Chennithala echoed these concerns. He criticised the article, describing it as an intentional move to begin controlling properties owned by the Christian community, similar to the approach taken with the Waqf properties.

He told ANI, “The article published in the ‘Organiser’ is highly deplorable. During the time of the passing of the Waqf Bill, Congress and Rahul Gandhi mentioned that the next step will be against the Christians. The (article of) ‘Organiser’ clearly mentions that the Catholic community in India has seven crore acres in their hands…Through the Waqf Bill, they want to control the Waqf properties. The next step will be to control the properties which are owned by the Catholic community in India…”

Waqf Bill Gets Presidential Assent

The Waqf Amendment Bill stirred intense debate in both the Lok Sabha and Rajya Sabha. It aims to regulate and address concerns around Waqf properties. After passing in both houses of Parliament, the bill received President Murmu’s assent, making it an official Act on Saturday.

Waqf Law Passed: What Changes Now For Millions Of Properties Across India?

April 5, 2025, 7:22 am

The Waqf (Amendment) Bill has cleared both Houses of Parliament after extensive debates in the Lok Sabha and Rajya Sabha this week. Once President Droupadi Murmu gives her assent, the bill will become law, marking a significant overhaul of the Waqf Act.

Legal expert and advocate-on-record in the Supreme Court, Fuzail Ahmad Ayyubi, who had also presented his views before the Joint Parliamentary Committee (JPC), clarified the timeline and implications of the new legislation. “From that date, the statute stands amended, and it becomes the law of the land,” Ayyubi said, referring to the notification that will be issued post-presidential approval.

Key Changes and What Comes Next

Ayyubi noted that several amendments — such as the removal of the Waqf Board’s power to determine Waqf property — will be implemented immediately. Others, like the process for inquiries led by district collectors, will require new rules and guidelines. “The survey is now in the hands of the collector, and rules will be needed to outline how inquiries will be conducted,” he said.

Additionally, the government will need to define the role and responsibilities of designated officers handling government properties. “The specifics of who this officer will be, their tenure, and their jurisdiction will be outlined in the rules,” Ayyubi explained.

He also emphasized the importance of procedural clarity, saying, “Some amendments will only require procedural tweaks.”

Timeline for Rule Formation

According to an official from the Union Ministry of Minority Affairs, which is responsible for drafting the rules, the process will begin immediately after the President’s assent. “We are hopeful that the publishing of the rules will not take much time, as the ministry is clear regarding the bill and the amendments,” said the official on condition of anonymity.

As per procedure, rules must be published within six months of the law being enacted. Some rules may require public consultation, with a mandatory 30-day window for public feedback. If there is significant public response, the publication timeline may stretch up to six months. However, rules not needing consultation must still be notified within the same period.

Legislative Procedure Post-Enactment

Former Lok Sabha Secretary General PDT Achary explained the post-enactment process: “Once the rules are formulated, they come into effect and are also laid on the table of both the houses. The members have the right to suggest amendments to these rules.”

Achary also highlighted the flexibility in public consultation, saying, “It’s not compulsory for the government to do so and especially in the case of Waqf wherein the bill was sent to a JPC for consultation, govt might opt to not carry any further consultations.”

He further noted that some governments proactively draft rules before a bill is even passed. “In a few cases, the government makes the rules before the bill has even been tabled or passed in the Parliament, so that as soon as it’s passed, the rules can be notified,” he said.

With the President’s assent and subsequent rule-making, the Waqf (Amendment) Bill is set to bring substantial administrative and procedural changes to how Waqf properties are governed across the country.

How the Waqf Board Became India’s Third-Largest Landowner | TDG Explainer

April 4, 2025, 12:06 pm

The Waqf Board is the third-largest landowner in India. As of December 2022, it managed around 872,000 registered properties. However, various reports suggest that its total landholdings go beyond 940,000 acres. These properties are mainly used for religious and social welfare purposes, including mosques, madrasas (Islamic schools), graveyards, dargahs (shrines), and community centers.

What Is a Waqf Property and How It Works

Waqf properties are lands or buildings that are donated for the welfare of the community in accordance with Islamic principles. Once a property is registered as Waqf, it is considered a permanent donation to Allah. That means the ownership cannot be reversed or changed. The word ‘Wakf’ comes from the Arabic term ‘wakufa,’ which means to dedicate something in the name of God or for public benefit. In India, the Waqf system is governed by the Waqf Act and treated as a minority rights issue. It operates with a level of independence. In contrast, in countries like Pakistan and Bangladesh, Waqf matters fall under Islamic law and are directly regulated by the government.

Post-Independence Growth of Waqf in India

After India’s independence, the Waqf system expanded significantly as more individuals donated land for religious and charitable causes. The government established the Central Waqf Council in 1964 to guide and monitor state Waqf Boards. Over time, the number of registered Waqf properties grew rapidly—from around 490,000 in 2006 to over 872,000 by December 2022, covering nearly 940,000 acres. Waqf lands began supporting not only mosques and dargahs but also schools, hospitals, and welfare programs. Despite reforms like the Waqf Act of 1995 and digitization efforts through the WAMSI project, the system still faces issues such as land encroachments, legal disputes, and poor management.

Historic Contributions by the Nizams of Hyderabad

One of the biggest contributors to Waqf land in India were the Nizams of Hyderabad. The title ‘Nizam’ comes from ‘Nizam-ul-Mulk,’ which means ruler of the state. Hyderabad had ten Nizams between the 18th and 20th centuries. The last ruler, Mir Osman Ali Khan, also known as Asaf Jah VII, was especially generous. He donated thousands of acres of land for Waqf purposes, especially in the Deccan region, to support religious and social institutions.

Waqf Land from Mughal Rulers

Several Mughal emperors also played a key role in expanding the Waqf system in India. Rulers like Akbar, Shah Jahan, and Aurangzeb donated large areas of land to support religious institutions in cities like Delhi, Agra, and Hyderabad. Royal women such as Jahanara Begum, daughter of Shah Jahan, were also known for donating valuable properties to Waqf for religious and public use.

Donations from Followers of Sufi Saints

The spread of Sufism in India led to large contributions to Waqf by the followers of famous saints. Devotees of Hazrat Nizamuddin Auliya in Delhi and Khwaja Moinuddin Chishti in Ajmer offered land for the maintenance and growth of their shrines. Other well-known dargahs, like those of Salar Masood Ghazi in Bahraich and Baba Farid in Punjab, also benefited from such contributions.

Support from Businessmen and Prominent Personalities

Wealthy Muslim merchants and landowners have also supported Waqf through donations. Industrialists like Sir Syed Muhammad and the Vakeel family of Ahmedabad donated land to educational and religious causes. In more recent times, well-known figures such as Wipro founder Azim Premji and former Vice President of India, Hamid Ansari, have supported Waqf institutions, particularly for the development of education and healthcare. Institutions like Darul Uloom Deoband and Nadwatul Ulama have received considerable support in this way.

Where Are Most Waqf Properties Located

While Waqf land is spread throughout the country, some cities have a particularly high concentration of properties. These include Delhi, Hyderabad, Lucknow, and Ajmer. The income generated from these lands is used for religious purposes, educational services, healthcare programs, and helping the underprivileged.

Ongoing Problems and Legal Disputes

Despite the vast number of properties under its control, the Waqf Board faces several challenges. Legal disputes over land ownership and encroachments are common. Some properties are poorly managed, leading to misuse or loss of valuable assets. In many cases, lack of proper records and monitoring makes it difficult to resolve conflicts or ensure transparency.

Over centuries, kings, nobles, saints, businessmen, and ordinary people have helped build India’s Waqf system through generous donations. These properties continue to serve religious and social purposes even today. While the system has deep historical roots and great potential, it also faces modern challenges that require careful management and legal clarity. The story of Waqf in India reflects both a rich tradition of charity and the ongoing need for reform and accountability.

Lok Sabha Debates Waqf (Amendment) Bill, 2025 Amid Opposition Objections

April 2, 2025, 1:14 pm

On Wednesday, the Lok Sabha considered the Waqf (Amendment) Bill, 2025, incorporating recommendations from the Joint Parliamentary Committee (JPC) that reviewed the bill introduced in August 2024. Additionally, the House took up the Mussalman Wakf (Repeal) Bill, 2024 for discussion and passage. Minority Affairs Minister Kiren Rijiju moved both bills, highlighting their significance for the country.

Opposition Alleges Lack of Time for Amendments

During the debate, Congress leader KC Venugopal accused the government of rushing the bill without providing enough time to propose amendments. “You are bulldozing the legislation; we need time for amendments,” he asserted. Speaker Om Birla responded by assuring that he had fairly considered amendments from both the government and opposition members.

Amit Shah Defends Government’s Process

Raising further objections, RSP MP NK Premachandran questioned the procedural approach. However, Home Minister Amit Shah clarified that the Union Cabinet had already approved the amendments based on the JPC report, dismissing any procedural concerns. “There is no point of order,” he stated firmly.

Kiren Rijiju Calls the Bill ‘Historic’

Earlier, Kiren Rijiju defended the bill, calling it a crucial step for the country. Speaking to the media, he said, “Today is a historic day. The Waqf Amendment Bill is being introduced for the benefit of the entire nation, not just crores of Muslims. Those opposing it are doing so for political reasons.”

Key Objectives of the Waqf (Amendment) Bill, 2025

The bill seeks to modernize the management of waqf properties, strengthen the Waqf Boards’ efficiency, and improve record-keeping through technology by amending the Waqf Act, 1995. Following its introduction last year, the bill underwent review by the JPC, led by BJP MP Jagdambika Pal, before reaching the Lok Sabha for final approval.

Waqf Board and Its Land Holdings: Key Facts and Government’s Amendment Plans | TDG Explainer

April 2, 2025, 9:58 am

The Waqf (Amendment) Bill, 2024, seeks to modify the Waqf Act, 1995, aiming to enhance transparency and accountability in Waqf boards. It also introduces a mandatory provision for including women in these boards. However, the proposal has sparked strong opposition from the Muslim community.

On April 2, the Lok Sabha will debate the bill, leading to a potential confrontation between the government and the opposition. The Rajya Sabha is expected to take up the bill on Thursday. Both Houses have allocated eight hours each for discussions.

Opposition’s Stand

The opposition strongly criticizes the bill, labeling it unconstitutional. After securing support from some NDA allies, the government referred the bill to a Joint Parliamentary Committee (JPC) for further examination.

Understanding Waqf and the Waqf Act, 1995

Waqf refers to the permanent dedication of movable or immovable property for religious, charitable, or pious purposes under Muslim law. The Waqf Act, 1995, governs the administration and usage of these properties in India.

Waqf Properties in India

Muslims donate Waqf properties for religious and charitable causes. These properties are managed by the community. Each state has its own Waqf Board, which acquires, holds, and transfers properties. However, Waqf properties cannot be permanently sold or leased.

Waqf Board’s Land Holdings

The Waqf Board oversees 9.4 lakh acres of land spread across 8.7 lakh properties. The estimated value of these properties is ₹1.2 lakh crore. This makes the Waqf Board the third-largest landowner in India, following the Indian Railways and the armed forces.

Why the Government Wants to Amend the Law

The BJP government proposes amendments to ensure Waqf boards register properties with district collectors for proper valuation. Currently, Waqf board members are elected. However, the bill seeks to change this by allowing the government to nominate all members. Critics argue this move could increase political control over the boards.

Additionally, the bill allows non-Muslims to be appointed as the CEO of a Waqf board. It also mandates that at least two board members must be non-Muslims, a provision that has raised concerns within the community.

Number of Waqf Boards in India

India has 30 Waqf Boards, each responsible for overseeing Waqf properties within their respective states. Waqf properties include agricultural land, buildings, mosques, dargahs, graveyards, madrasas, schools, shops, and other charitable institutions.

Legal Disputes Involving Waqf Properties

Waqf properties are often embroiled in legal battles. The government reports that 40,951 cases are pending in Waqf tribunals. Out of these, 9,942 cases have been filed by the Muslim community against institutions managing Waqf properties.

Challenges Faced by Waqf Boards

Waqf boards struggle with property management, legal conflicts, and governance issues. Calls for reforms have grown, especially regarding the need for greater female representation in decision-making bodies.

Can Waqf Tribunal Decisions Be Challenged?

Yes, decisions made by Waqf tribunals can be challenged in the High Court. The High Court has the authority to confirm, overturn, or modify tribunal rulings.

Management of Waqf Properties

The Waqf Act, 1995, regulates Waqf properties. A survey commissioner is responsible for identifying and listing Waqf properties through local investigations. A mutawalli (supervisor) oversees the day-to-day management of these properties.

Can the Waqf Board Claim Any Property?

No, the Waqf Board cannot arbitrarily claim any property. It can only manage properties that have been officially donated for religious or charitable purposes. The law does not permit the board to take over private properties.

Can the Waqf Board Declare Any Property as Waqf Property?

No, the Waqf Board cannot unilaterally designate any property as Waqf property. Waqf refers to a permanent dedication of property for religious or charitable use. The board only administers properties already classified as Waqf.

The Waqf (Amendment) Bill, 2024, has ignited intense debates over governance, representation, and political influence. While the government emphasizes transparency and efficiency, critics fear that the amendments could diminish community control over Waqf properties. The upcoming parliamentary debates will determine the bill’s fate and its impact on Waqf administration in India.

Karnataka Waqf Row: 81% Of Land Notices Served To Muslims

December 19, 2024, 11:16 am

The Karnataka government disclosed that 81% of the 11,204 farmers who received notices from the Waqf Board over land encroachment are Muslim. Only 2,080 farmers from the Hindu community were affected, sparking political debates in the state.

Government’s Assurance to Farmers and Temples

Chief Minister Siddaramaiah announced the formation of a committee led by a retired high court judge to examine whether temples and lands cultivated by farmers fall under waqf assets. He assured the Karnataka Assembly that:

Notices issued to temples on waqf properties would be withdrawn.
Farmers cultivating waqf-designated lands would not face arbitrary action.

Clarifications on Waqf Land Data

Revenue Minister Krishna Byre Gowda provided key insights into the waqf land distribution:

Of Karnataka’s 20,000 acres of waqf land, only 4,500 acres are cultivable.
Cultivable waqf land constitutes just 0.006% of the state’s total agricultural land.
The waqf land inventory has significantly reduced from 1.12 lakh acres in 1974 to 20,054 acres today due to redistribution under the Land Revenue Act and Inam Abolition Act.

Political Clash in the Assembly

The BJP staged a walkout during the Assembly session, demanding answers from Housing, Waqf, and Minority Affairs Minister Zameer Ahmed Khan. They also called for the withdrawal of the 1974 gazette notification that formalized waqf land data.

CM Siddaramaiah refuted the BJP’s demands, clarifying that the notification was based on the Central Waqf Act, which cannot be altered by the state government. Revenue Minister Gowda accused the BJP of spreading misinformation about Muslims encroaching on Hindu land to polarize public opinion.

A Heated Debate Continues

The waqf land issue has intensified political tensions in Karnataka, with both ruling and opposition parties trading accusations. While the government assures corrective measures, the opposition demands more transparency and accountability in addressing the waqf land controversy.

Stay tuned for further updates on this evolving issue.

Amendment Needed, Non-Muslim Appointments Opposed: Jamaat

August 8, 2024, 9:57 pm

Giving a mixed reaction to the Waqf (Amendment) Bill, National President of All India Muslim Jamaat, Maulana Shahabuddin Razvi Barelvi said on Thursday that an amendment is necessary but the appointment of non-Muslims in the Board is against the Shariat and the law.

“Waqf should be looked at from a completely Islamic point of view. Waqf board was formed to maintain the land given by the elders. In the new era, the property of the Waqf has increased by many times. An amendment is necessary. Waqf Board chairman, members, and officials were buying and selling land with the help of land mafias. Waqf board diverted from its purpose and got involved in collecting money. We support the amendment but we are against the appointment of non-Muslim members in it. We are against the appointment of a district officer,” he said.

“Appointment of non-Muslims is against the Shariat and the law. Giving the authority to the DM is also wrong. These points must be removed from the amendment,” he added further.
Earlier, Congress MLA from Bhopal Arif Masood opposed the Waqf Board Amendment Bill, 2024, saying that Waqf properties are private properties and do not belong to any individual.

Launching scathing attacks on the Centre over the Waqf (Amendment) Bill, AIMIM Chief and Hyderabad MP, Asaduddin Owaisi said that there are a lot of dangerous sections and it is not legislation but something to bulldoze Waqf and finish Muslims.
Meanwhile, targeting the Opposition over “misleading Muslims” on the Waqf (Amendment) Bill, Union Minister of Minority Affairs Kiren Rijiju said on Tuesday that Muslim delegations approached him alleging mafia has taken over Waqf Boards and there is a need for amendments.

He also asserted that the government has held multi-layered country-wide consultations on this bill.

The Waqf (Amendment) Bill, 2024, Waqf Act provides for the renaming of the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

It seeks to clearly define “waqf” as waqf by any person practising Islam for at least five years and having ownership of such property and ensure that the creation of Waqf-alal-aulad does not lead to the denial of inheritance rights to women.

Debate in Parliament Over Waqf (Amendment) Bill, 2024

August 8, 2024, 1:58 pm

The Waqf (Amendment) Bill, 2024, has sparked intense debate in the Lok Sabha, drawing strong opposition and heated exchanges among members of parliament.

Opposition Voices Concerns

RSP MP NK Premachandran voiced his strong disapproval of the bill, stating, “You are totally disempowering the Waqf Board and the Waqf council… You are dismantling the system. It is against the principles of the Constitution. I caution the government that if this law is put through judicial scrutiny, then it will definitely be struck down.”

Echoing similar sentiments, NCP-SCP MP Supriya Sule urged the government to reconsider the bill. “I request the government to either withdraw this bill completely or send it to a standing committee… Please do not push agendas without consultations,” she said.

Rajya Sabha Chairman Expresses Frustration

In a dramatic turn of events, Rajya Sabha Chairman Jagdeep Dhankhar temporarily ceased presiding over the House and left, expressing his frustration with the lack of support. “Making this sacred House a centre of anarchy, attacking Indian democracy, tarnishing the dignity of the post of the Speaker, this is not just indecent conduct, this is conduct that crosses all limits… What I have been seeing in recent days and the way the challenge is being given through words, letters, through newspapers, how many wrong comments have been made. This challenge is not being given to me but this challenge is being given to the post of the Chairman. And this challenge is being given because they (opposition) think that the person sitting on this post is not worthy of it,” Dhankhar said.

Government and Allies Defend the Bill

BJP MP Hema Malini defended the bill, criticizing the opposition’s stance. “The opposition always opposes, that’s their work. They label good things as bad. The PM has brought many good schemes, but they say that all these things are wrong. I have also seen it from the last 10 years,” she stated.

JD(U) MP and Union Minister Rajeev Ranjan also spoke in favor of the bill, challenging the opposition’s arguments. “How is it against Muslims? This law is being made to bring transparency… The opposition is comparing it with temples, they are diverting from the main issue… KC Venugopal (Congress) should explain how thousands of Sikhs were killed…which taxi driver killed Indira Gandhi? Now, they are talking about minorities,” Ranjan said.

The debate over the Waqf (Amendment) Bill, 2024, highlights deep divisions within the parliament, raising questions about transparency, minority rights, and the legislative process.

Government Seeks Waqf Board Reforms, Faces Community Backlash

August 5, 2024, 6:07 pm

A waqf is a religious endowment in Islam where property is dedicated to charitable or religious purposes in the name of Allah. Once established, a waqf cannot be reclaimed, and it remains a perpetual entity serving its intended purpose. While waqfs are primarily established by Muslims, non-Muslims can also create waqfs, provided the intent aligns with Islamic principles.

Waqf Management and Governance

The management of waqf properties is overseen by Waqf Boards. These boards are recognized as legal entities and are led by a chairperson. Members typically include Muslim legislators, state government nominees, Bar Council members, and esteemed Islamic scholars. The Waqf Board’s responsibilities include administering the properties, ensuring the income is used according to the waqif’s wishes and Islamic guidelines, and overseeing property transactions such as sales or leases, which require approval from at least two-thirds of the board members.

Historical Context and Amendments

The Waqf Act of 1954 was introduced to centralize the management of waqf properties, particularly those of Muslims who migrated to Pakistan after the 1947 Partition. This legislation was followed by the establishment of the Central Waqf Council in 1964 to advise the government on waqf-related matters. In 1995, the law was amended to create waqf boards in each state and Union Territory. Further amendments in 2013 empowered state boards to determine the status of waqf properties and resolve disputes.

Currently, there are over 8,72,292 registered waqf properties across India, covering more than eight lakh acres of land. However, recent proposed amendments to the 1954 Act aim to bring more transparency and accountability to the management of these properties. Key changes include increasing the involvement of women in waqf boards, verifying waqf properties, and allowing appeals against tribunal decisions in High Courts.

Pros and Cons of the Proposed Amendments

Advantages:
– Increased Transparency: The proposed amendments seek to enhance accountability by ensuring that waqf properties are properly verified and managed.
– Gender Inclusion: The introduction of women into waqf boards aims to address gender disparities and ensure fair representation.
– Improved Oversight: Allowing appeals against tribunal decisions and verifying disputed properties may help in resolving long-standing issues and disputes.

Disadvantages:
– Community Backlash: The All India Muslim Personal Law Board (AIMPLB) and other Muslim leaders have criticized the amendments, claiming they undermine the autonomy of waqf boards and infringe upon religious freedoms.
– Political Controversy: The BJP’s push for these amendments has been accused of pursuing a Hindutva agenda, with critics arguing that it aims to diminish the role and control of Muslim institutions.

The proposed bill has sparked significant debate, with opponents arguing that it threatens the autonomy and traditional governance of waqf properties, while supporters believe it is a necessary reform to modernize and improve the system. The outcome of these proposed changes will significantly impact the management of waqf properties and the broader Muslim community in India.

Government to Introduce Waqf Act Amendments in Rajya Sabha: Sources

August 5, 2024, 2:36 pm

Amendments to the Waqf Board Act, aimed at restricting the powers of the Waqf Board, are expected to be introduced first in the Rajya Sabha. Sources informed that the government might bring these amendments within the week, with the budget session concluding on August 12.

The government reportedly consulted various Muslim intellectuals and organizations before proposing the 32-40 amendments to the Waqf Board Act. The Waqf Act, initially passed in 1954, was repealed and replaced in 1995, granting more powers to Waqf Boards. In 2013, further amendments gave the Waqf Board extensive authority to designate property as ‘Waqf Property.’

The proposed amendments will likely require the Waqf Board to register its properties with the District Collector’s office for evaluation. Additionally, the amendments aim to ensure women’s representation on the Central Waqf Council and state boards.

UP minister Danish Azad Ansari noted that complaints had been received about the encroachment and misuse of Waqf property. He emphasized that Waqf properties should be used for the Muslim community’s benefit, such as constructing hospitals, schools, and colleges.

The proposed amendments have faced sharp criticism from the opposition. CPI General Secretary D. Raja expressed concerns that the amendments reflect a BJP-RSS agenda to undermine Waqf properties and that there has been insufficient public debate on the issue. Samajwadi Party leader Akhilesh Yadav accused the BJP of attempting to “snatch the rights of Muslim brothers,” while RJD leader Tejashwi Yadav criticized the Centre for neglecting public welfare in favor of divisive politics.

With strong opposition and concerns about the amendments, the Parliament is expected to see heated debates when the proposed changes are introduced.

Owaisi Accuses Modi Government of Undermining Waqf Board Autonomy

August 4, 2024, 4:58 pm

AIMIM Chief Asaduddin Owaisi criticized the Modi government on Sunday in response to reports about proposed amendments to the Waqf Board Act. Owaisi claimed that these amendments indicate an attempt by the Centre to undermine the autonomy of the Waqf Board and increase its interference in the board’s affairs.

Speaking at a conference, Owaisi said, “The central government is acting against parliamentary norms and privileges by communicating these plans to the media instead of informing Parliament directly. The media reports suggest that the Modi government aims to diminish the Waqf Board’s autonomy and interfere with its operations, which goes against the principles of religious freedom.”

Owaisi also accused the BJP of consistently opposing Waqf boards and properties as part of a broader “Hindutva agenda.” He warned that amendments to the Waqf Board’s establishment and composition could lead to administrative confusion and a reduction in the board’s autonomy. He expressed concerns that increased government control could affect the board’s independence and cited fears that disputed properties might be surveyed by government entities with potentially biased outcomes.

“Reports indicate that if there are disputed properties, they will be surveyed by the BJP and state governments, leading to questionable results. There are already instances where the BJP-RSS dispute the existence of certain dargahs and mosques. This move appears to be an attempt to shift judicial authority to the executive,” he added.

Earlier reports suggested that the government plans to introduce around 40 amendments to the Waqf Act in the next parliamentary session.