After several hours of intense discussion, India’s Parliament has officially approved a highly debated bill that aims to change the way valuable properties donated by Muslims over centuries are managed. Known as the Waqf (Amendment) Bill, 2024, this legislation was passed in the Upper House early on, just a day after it cleared the Lower House, despite strong objections from opposition parties and Muslim leaders.
Growing Concerns Among the Muslim Community
Opposition members and leaders from the Muslim community have criticized the bill by calling it “unconstitutional”. They believe it directly affects the rights of India’s Muslim minority, possibly interfering with their long-standing religious and community traditions. However, the government claims that the new bill is aimed at improving the transparency and efficiency in managing waqf properties. So, what exactly are waqf properties, and why is this change creating such a debate?
Understanding Waqf Properties: What is a Waqf?
In Islamic belief, a waqf refers to a charitable or religious donation made by a Muslim. This donation is meant to benefit the wider community. Once a property is declared as waqf, it becomes non-transferable — it cannot be sold, gifted, or used for purposes other than what it was donated for.
In India, these properties play an essential role for the country’s approximately 200 million Muslims. They include places like mosques, madrassas (Islamic schools), graveyards, and orphanages — all of which serve the community’s religious and social needs.
Governance Before the Amendment
Previously, these properties were managed under the Waqf Act of 1995. According to this law, every state had to set up its own Waqf Board to look after these properties. These boards were composed of a mix of individuals, including:
- Muslim legislators
- Government-appointed members
- Lawyers from the state bar council
- Islamic scholars
- Local managers of waqf properties
This system was created to ensure a balanced and community-focused management structure.
The Government's Push for Reform: A New Proposal in 2023
In August of last year, the ruling Bharatiya Janata Party (BJP) introduced a bill to update the Waqf Act. The government argued that the changes would help modernize waqf administration, making it more effective and reducing the chances of legal disputes or misuse.
However, many critics, especially from the Muslim community and opposition parties believed the proposed changes will allow the government to tighten its grip on waqf properties. Despite concerns, the bill was sent to a special parliamentary panel for review. In February, the panel approved the bill, with some minor amendments.
Major Changes and the Source of the Controversy
- Stricter Rules for Property Recognition: One of the biggest changes in the new bill is related to how a property is identified as waqf. Traditionally, even if a property didn’t have formal documents but was used continuously by the Muslim community for religious or social purposes, it could be accepted as waqf. Under the new rules, however, Waqf Boards must now provide legal documents to claim a property as waqf. In case there is a dispute — especially over land then that the government claims as its own — the final decision will lie with the government authorities, not the waqf board or the community.
- Inclusion of Non-Muslims on Waqf Boards: Another controversial change is that the bill allows non-Muslims to be appointed as members of waqf boards and tribunals. This has raised questions about whether individuals unfamiliar with Islamic practices should have a say in managing these religious properties.
- Judicial Oversight and Appeal Rights: Earlier, decisions made by waqf tribunals were final and could not be challenged. The new law changes that by allowing parties to take waqf disputes to regular courts. This opens the door for more legal scrutiny but also raises concerns about delay and fairness.
- Centralized Property Registration: The bill also introduces a centralized system for registering waqf properties. All such properties must now be officially registered within six months of the law being implemented. Additionally, any new requests to declare a property as waqf must be submitted using this system.
- Greater Government Role in Property Surveys: Finally, the bill gives the government more power in conducting surveys of waqf properties. This could mean closer oversight, but also raises fears of overreach and loss of community control.
For a long time now, a big problem has been the illegal grabbing of properties that belong to the Waqf. Think of Waqf properties as lands or buildings given in trust for good causes, especially for the benefit of the Muslim community. Sadly, a lot of these properties around 58,898 according to the Waqf Assets Management System of India (WAMSI), have been taken over by people who shouldn't have them. This has caused a lot of worry and has stopped these properties from being used for the good they were intended for.
Stronger Rules to Get Back What's Been Taken
Now, there's a new plan, a bill called the Waqf (Amendment) Bill, 2025, that aims to fix this problem. This bill brings in tougher legal ways to get back the lands and buildings that have been wrongly taken. It also wants to make sure that no one can just take over Waqf properties in the future. To make this happen, the top government officials in each district, called District Collectors, will have more power to make sure these new rules are followed. This is a big step towards making sure that Waqf properties are kept safe and used for the good of the community, just like they were meant to be.
The Waqf (Amendment) Bill, 2024, has triggered strong reactions across the political and social spectrum. While the government insists the bill is about making waqf property management more accountable and up-to-date, critics argue it could lead to reduced autonomy for the Muslim community and greater government interference in religious matters. As the law takes effect, it remains to be seen how these changes will impact the real-life functioning of waqf institutions and whether they will truly bring reform or end up deepening divides.
Following a period of intense political debate and eventual passage through both houses of Parliament, the Waqf (Amendment) Bill, 2025, is now facing a new hurdle. Just after receiving the final approval from President Droupadi Murmu late on 5th April, the new law is already being challenged in the highest court of the land, the Supreme Court of India. Multiple petitions have been filed, indicating that the legal battle over the management and protection of Waqf properties is far from over, even after the lengthy and hard-fought political process in Parliament. This sets the stage for what could be a significant legal confrontation that will ultimately determine the future and implementation of this important piece of legislation.
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