The Indian government recently announced proposed amendments to the Waqf Act, 1995, which deals with the management of religious and charitable assets of Muslims, such as mosques, schools and shrines. The bill has not yet been passed but has been sent to a parliamentary committee.

JPC and the Oppositions

The first meeting of the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill, on Thursday, August 22, 2024, witnessed occasional heated exchanges as opposition parties that had recently opposed the bill in the House of Representatives stuck to their positions and questioned several proposed provisions in the bill. The committee’s chairman, Jagdambika Pal, described the meeting as fruitful.

History of Waqf in India

The Waqf system in India dates back to the Islamic era, when rulers such as Firoz Shah Tughluq endowed lands for the benefit of the community. This system continued under the patronage of rulers such as Sher Shah Suri and the Mughal Emperor Aurangzeb, who allocated lands for religious and charitable purposes. With the advent of British colonialism, Waqf was subjected to illegal exploitation, as many Islamic schools were closed and Waqf assets were seized. This exploitation led to widespread protests by Muslims, which prompted the issuance of the first Waqf Protection Act in 1923.

Several Amendments to the Waqf Act

Subsequently, India witnessed several amendments to the Waqf Act. In 1954, the Waqf Act was passed for the first time by Parliament. Over time, this Act was repealed and a new Waqf Act was adopted in 1995, which gave Waqf Boards more powers to enhance their role in protecting Waqf properties. In 2013, further amendments were made to the Act; What gave the Waqf Board the power to designate the properties donated by people as Waqf properties, and since then, it has become known that the properties that are donated always become part of the Waqf Board’s property.

 Waqf Board of India

According to government figures, the Waqf Board of India owns more than 872,000 acres of land, making it the third largest landowner in India after the Railways and the Ministry of Defence. There are 32 Waqf Boards in India spread across various states, including Shia and Sunni boards.

However, despite this large amount of property, the Waqf Board suffers from weak revenue generation, as it generates an income of only about 200 crore rupees annually. This has drawn widespread criticism from Muslim organisations, which have called for the need to improve transparency in the management of Waqfs and increase the efficiency in investing these assets in the service of society.

Proposed amendments and their impact

The new law of 2024, which the government is seeking to pass, raises many concerns, and represents a serious threat to the independence of Islamic Waqfs in India and exposes them to exploitation by governments; This may lead to a reduction in the number of endowments and the loss of Muslims’ endowed properties. This law directly affects the Muslim community and reflects the government’s intention to undermine the role of endowments without considering Islamic principles or consulting the relevant authorities.

Most Important Amendments

- Inclusion of non-Muslim members in Waqf Boards: One of the most prominent amendments that is considered a violation of the privacy of Islamic Waqf is allowing non-Muslim members to hold leadership positions in Waqf Boards. This amendment raises concerns about preserving the religious character of Waqf.

- Government control over the use of Waqf: Under the new law, the government will be the body that decides how to use Waqf lands. This contradicts the Sharia principles that stipulate respecting the conditions of the donors, which is considered a clear infringement on the freedom to dispose of Waqf according to Sharia.

- New conditions on who can Waqf: The new law imposes conditions on who can Waqf, including a condition that 5 years have passed since the person converted to Islam before he is allowed to Waqf. This condition contradicts the freedom to practice worship and places unjustified restrictions on new Muslims.

- Requirement of official registration of Waqf: The new law stipulates that lands that are not officially registered will not be considered Waqf. This condition threatens to lose many historical Waqfs that may not have been officially registered but were considered Waqf from a legal perspective for centuries.

– Restricting the endowment to one-third: The law restricts individuals who wish to endow all of their property by allowing them to endow only one-third of it. This restriction contradicts Islamic law, which gives the individual the right to dispose of his property as he wishes, including endowing it in its entirety if he so desires.

– Transferring the authority of disputes to the government: The resolution of endowment disputes will be transferred from the courts to local authorities. This amendment raises concerns that this authority may be exploited by government agencies, opening the door to the manipulation of endowment properties.

The impact of the law on the Muslim community

The new law is seen as an attempt by the government to control endowments and reduce their role in serving the Muslim community. These amendments threaten Muslims with losing their endowed properties and exposing future generations to great losses. The government’s disregard for consulting Islamic authorities when developing these amendments reflects a deliberate disregard for the Muslim community and its rights to manage its endowments.

Reactions from the Muslim Community

The proposed bill has sparked a wave of objections among Muslims and Islamic organizations. The All India Muslim Consultation Board considered the proposed amendments to be inconsistent with the secular principles of India and an insult to the sentiments of Muslims. The All India Muslim Personal Law Board also rejected the amendments, stressing that it would not tolerate any change that would threaten the rights of the Waqf Board.

In this context, Muslim leaders pointed out that the government is seeking to strip the Waqf Board of its independence and interfere in its affairs, which reflects an unhealthy intention towards Muslims. They also expressed their concern that the amendments will facilitate the seizure of Waqf properties by the government or other parties, which is a clear infringement on the rights of Muslims.

Islamic movements to confront the amendments

In response to these amendments, Muslim community leaders and leaders called on the government to withdraw the bill and hold extensive consultations with religious leaders and Islamic institutions. They also called on political parties and all citizens to stand together to protect the rights of Muslims and prevent the passage of these amendments.

In a press statement, Dr. Syed Qasim Rasool Ilyas, spokesperson of the All India Muslim Personal Law Board, expressed his concern over the Waqf Amendment Act 2013, and confirmed that the Indian government intends to introduce about 40 amendments to the law with the aim of changing the nature of Waqf properties, making them easier to seize. He also explained that the government may present this bill in Parliament next week.

Ilyas pointed out that this amendment contradicts the protection of Waqf properties under the Indian Constitution and the Shariat Application Act 1937, and considered these properties as gifts from Muslims for religious and charitable purposes and not the property of the government. He continued that the government has not provided any benefit to Muslims, but has deprived them of their rights by canceling the grants of Maulana Azad minorities.

Sheikh Khalid Saifullah Rahmani, Chairman of the All India Muslim Personal Law Board, also criticized the new law, pointing out that if the principle of “Waqf by use” is not recognized, all Waqfs will be in danger. He cited examples from various religious places, and explained that the new law places a large number of non-Muslim members in Waqf boards and gives the governor complete power.

Sheikh Arshad Madani, President of Jamiat Ulema-e-Hind, stated that the government was deliberately taking anti-Muslim decisions and was trying to spread hatred between Hindus and Muslims for electoral purposes. He stressed that religious rights guaranteed by the Constitution should not be taken away and that the proposed amendments were against the principles of the Constitution.

He added that Waqf properties belong to God Almighty and should remain under the supervision of the Waqf Board while maintaining the representation of Muslim scholars. He called on the government to withdraw the amendments and hold detailed consultations with the stakeholders. He also called on all citizens and political parties to stand together against these amendments to protect religious rights and freedoms.

Sheikh Mahmood Asad Madani expressed his concern that the proposed amendments allow the government authorities to interfere unnecessarily in the affairs of Waqfs, which threatens the original status of Waqfs and is considered abolishment of the Waqf Board.