Poonam I Kaushish
Phew! As Delhi simmers in rising heat wave, it is better than political stewing on the contentious Mussalman Wakf (Repeal) Bill, 2025 which became law yesterday after a long, intense and heated debate in Parliament over Government’s aims to significantly reforms Waqfs in governance, transparency and efficiency of its properties with Prime Minister Modi calling it a “watershed moment.”
However, critics disagree by arguing the Government’s lack of knowledge of Waqf’ which is rooted in Islamic laws and traditions. It refers to an endowment made by a Muslim for charitable or religious purposes such as building mosques, schools, hospitals etc. Waqf property is inalienable, cannot be sold, gifted, inherited or encumbered. Therefore, once a property is divested from Waqif it vests in God as per Islamic belief so it is ‘Waqf property’.
Government cites lack of transparency in Waqf property management, proper accounting and auditing of Waqf properties, administrative inefficiencies, mutation of Waqf land records, irrational power of Waqf Boards to declare any property as Waqf land based on their own inquiry, innumerable prolonged litigations including encroachment related to Government land declared as Waqf.
Think. In 2013 there were 10,381 pending cases, today it is 21,618 cases over 58000 properties, inadequate representation of stakeholders in Central Waqf Council and State Waqf Boards and insufficient provisions for women’s inheritance rights
Even as the Government aims to streamline management, promote social welfare, gender and class inclusive, Opposition yell blue murder accusing Modi Sarkar of encroaching on domain of faith, violating rights and promoting State overreach. trying to reshape the socio-political landscape, read Muslims, through a majoritarian agenda which would have wide-ranging ramifications for Muslims and their rights to equality and religious freedoms guaranteed by Article 14,25 and 26.
Already Congress and DMK have moved Supreme Court against the Act as it spreads hatred against Muslims. There are rumblings within JD(U) with five senior leaders quitting as State readies for polls October on grounds that the enhanced role of State authorities in Waqf administration impinges on the right of Muslim community to manage its institutions.
Muslim clerics argue Waqf is not a secular institution as its goals and purposes are linked to religion. When management of Hindu shrines restricts holding of office to only Hindus, why are non-Muslims being nominated to Waqf Boards but bars them from creating a Waqf or donating property to a Waqf? What is the need to change Waqfs nature and administration?
In addition the Act discriminates against Muslims by imposing restrictions which are not part of the governance of other religious endowments. For instance, while Hindu and Sikh religious trusts continue to enjoy a degree of self-regulation the enactment disproportionately increases State intervention in Waqf affairs.
Primarily, the changes would remove key protections for Waqf properties by shifting key decision-making powers such as dispute resolution and Waqf status declarations, from Waqf Boards to Government officials. This could directly impact the management and funding autonomy of madrassas and other educational institutions operating on Waqf lands.
The inclusion of non-Muslims as Waqf Board CEOs and members has also drawn concern over the erosion of community control in sensitive areas such as curriculum, religious instruction, and institutional governance. But Home Minster Amit Shah bluntly tried unsuccessfully to calm fears that the Government would steer clear of religious practices and faith but seeks to ensure proper utilisation of charitable endowments.
Adding, by preventing misuse and illegal occupation of Waqf lands it would boost revenue for Waqf Boards, allowing them to expand welfare programs whereby funds could be allocated to healthcare, education, housing benefiting economically weaker sections alongside regular audits inculcate financial discipline and strengthen public confidence in Waqf management.
Is the Opposition making a mountain of a molehill? Or is Government is overreaching and trying to interfere in religious beliefs? The former more likely. With the India Bloc falling apart with Parties traversing their own path, each Party is taking a nuanced position to appease their votebanks. For regional satraps like SP’s Samajwadi and RJD besides their own community support they bank on Muslims. Ditto TMC. The BJP tweaked the Bill keeping its allies JD(U) and TDP’s sensitivities in mind.
Viewed through the prism of contemporary politics, Congress is caught in a bind. To keep its ‘limited’ minority vote banks intact it decided to oppose the Act asserting “it undermines Muslim community’s religious autonomy. Sic. Worse, it is worried of losing Muslim support as many battle Waqf Boards in land or property dispute. In Kerala it could lose its traditional vote bank Christian community’s as many are upset that the Party disregarded the Church’s appeal to vote in favour of the Bill.
By introducing “restrictions on the creation of Waqfs based on duration of one’s religious practice is unfounded in Islamic law, custom or precedent and infringes upon the fundamental right to profess and practice religion under Article 25,” underscored a senior leader.
Undeniably, the Act addresses systemic flaws within the Waqf regime. More than a mere amendment, this enactment presents a paradigm shift. Waqf management is an administrative task not a religious ceremony. The Act safeguards Muslim rights and offers tangible benefits to them through efficient governance and resource management.
Example: Under Section 40 of the 1995 Act Waqf Boards wielded unchecked power to claim properties without justification thereby clogging judicial dockets which the Sachar Committee 2006. By abolishing this Section and transferring adjudicatory powers to District Collectors with a 90-day appeal window in High Courts it reduces litigation time.
Moreover, critique of inclusions of non-Muslims on Waqf Boards fails the Article 15 test as it prohibits bias solely on religious grounds. The Act governs administration which is a secular task. Also the 12-year cap on litigation will help decongest courts, clarify titles and stimulate economic activity ensuring Waqf 9.4 lakh acres serve the community.
Further, previously Waqf funds were diverted to private coffers. By stipulating that only those practicing Islam for five years may constitute a Waqf would channelize resources to upliftment and curb misappropriation.
History tells us The Mussalman Wakf Bill originally enacted during British era was replaced post Independence by the Waqf Act 1954 which provided for the incorporation of Waqf Boards at State level and a Central Waqf Council at the Central level. But with Waqf administration falling into decadence in 1990s Government enacted the Waqf Act, 1995 nullifying all previous laws by democratizing process of constitution of State Waqf Boards, regulated and controlled alienation and leasing of Waqf properties culminating in the Waqf (Amendment) Act, 2013.
Clearly, the Act delivers a functional Waqf which could be a beacon of empowerment for Muslims securing their welfare with unwavering equity while simultaneously advancing prosperity. It sets a progressive and fair framework for Waqf administration in the country.
Will the Bill indeed give a boost and better lives to poor and economically weak Muslims? Time will tell. But one thing is plain: The Centre has to address minority concerns holistically specially education and improve their quality of life and well being.
The onus is on Government to engage with Muslim leaders and address their concerns on State oversight of Waqf land which would help negate litigation and make their management more inclusive. Building trust across the board is a first step towards successful implementation of reforms. Stop creating mountains of molehills. (INFA)
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