The Waqf Amendment Bill 2025: Reform or Religious Overreach?

The Waqf (Amendment) Bill, 2025, recently passed by India’s Lok Sabha, has ignited significant debate and controversy across the nation. To understand the current discourse, it’s essential to grasp the concept of waqf, the traditional management practices, the proposed changes, and the varied positions of political parties and communities.

Understanding Waqf

A waqf is an Islamic endowment of property, typically for religious or charitable purposes, rendering the asset inalienable. In India, waqf properties encompass approximately 872,000 assets covering around 405,000 hectares, valued at an estimated $14.22 billion. These properties support mosques, seminaries, graveyards, orphanages, and other charitable institutions.

Traditional Management of Waqf Properties

Historically, waqf properties in India have been managed by state-level Waqf Boards composed exclusively of Muslim members. These boards oversee the administration, maintenance, and utilization of waqf assets, ensuring they serve the intended religious or charitable functions.

Proposed Changes in the Waqf (Amendment) Bill, 2025

The newly introduced bill seeks several amendments to the existing Waqf Act, 1995:

1. Inclusion of Non-Muslim Members: The bill proposes adding non-Muslim members to the Central Waqf Council and state Waqf Boards to promote diversity and enhance administrative transparency.
2. Government Oversight on Property Ownership: It grants the government authority to validate and determine ownership of disputed waqf properties, aiming to address issues of corruption and mismanagement.
3. Revisions to Property Declaration: The bill stipulates that only individuals practicing Islam for at least five years can declare a waqf, and it removes provisions related to “waqf by user,” which recognized properties used by the Muslim community over time as waqf without formal declaration.

Positions of Political Parties

• Bharatiya Janata Party (BJP): The ruling party advocates for the bill, asserting that it will curb corruption, enhance transparency, and ensure better management of waqf properties.
• Congress and Communist Parties: Both parties, as part of the INDIA bloc, oppose the bill, viewing it as unconstitutional and discriminatory against Muslims. They argue that it infringes upon minority rights and centralizes control over waqf assets.

The Munambam  Issue in Kerala

In Munambam, Kerala, a significant land dispute has arisen involving the Waqf Board’s claim over properties inhabited predominantly by Christian families. Around 600 families have been protesting for over 150 days against the Waqf Board’s assertion of ownership. These residents purchased the land from the management of Farook College in the 1960s and are now seeking government intervention to nullify the Waqf Board’s claims.

Demands of the Protesters

The protesting families demand:

1. Recognition of Ownership Rights: Official acknowledgment of their ownership and nullification of the Waqf Board’s claims.
2. Government Intervention: Action from the Kerala state government to resolve the dispute in their favor.

The protesters have appealed to political leaders to support the Waqf (Amendment) Bill, believing it could invalidate the Waqf Board’s claims over their land.

Impact on Muslim Communities and Political Leaders’ Responses

Prominent Muslim leaders have expressed strong opposition to the bill:

• Asaduddin Owaisi: The AIMIM chief labeled the bill an attack on Muslim rights and tore a copy of it in the Lok Sabha, symbolizing his protest.
• Omar Abdullah: The former Chief Minister of Jammu and Kashmir criticized the bill, aligning with other opposition voices in denouncing it.

Potential Consequences if the Bill Becomes Law

Should the bill pass in the Rajya Sabha and receive presidential assent:

1. Altered Composition of Waqf Boards: Inclusion of non-Muslim members may lead to significant shifts in the management and decision-making processes of waqf properties.
2. Increased Government Oversight: Enhanced governmental authority could lead to re-evaluation of property ownership, potentially resulting in disputes over longstanding waqf assets.
3. Community Tensions: The bill may exacerbate communal tensions, particularly if perceived as infringing upon minority rights.

Conclusion

The Waqf (Amendment) Bill, 2025, has sparked a multifaceted debate involving legal, political, and communal dimensions. While the government emphasizes transparency and inclusivity, critics fear erosion of minority rights and autonomy. The unfolding developments warrant close attention as they hold significant implications for India’s socio-political fabric.

Comments

comments