Kiren Rijiju, the Union Minority Minister, reintroduced the Waqf amendment bill on 2nd April 2025. The bill intends to amend the 1995 Waqf Act, which regulates the management of Waqf properties in India. It proposes multiple amendments to overcome the hardships in managing and regulating the Waqf properties.
However, there are multiple criticisms of this resurfaced bill, especially from the opposition parties in India. As per the opposition, reintroducing the Waqf bill in the Lok Sabha is another attempt by the Modi government to play a divisive role in politics. They also alleged that the ruling party has been exploring another opportunity to suppress religious minorities in India.
In August 2024, the same bill was introduced to the parliament. The Joint Parliament Committee (JPC) took the responsibility to scrutinize the bills. After a thorough analysis, JPC cleared the 14 amendments of the bill. Therefore, now the bill is ready to sneak into the parliament for a debate. According to political observers, this particular bill will create a massive debate in the parliament. While the opposition will attempt to block the bill, the ruling party members will surely try their best to bring the best arguments in favor of the bill.
So, why is this bill so controversial? What are the amendments suggested in this bill? Let’s take a deep look into the
What Does Waqf Mean?
According to Muslim Law, Waqf refers to a permanent, voluntary, and irrevocable portion of someone’s wealth in cash or some kind of charity. The concept arrived with the teachings of Islam. People make wealth during their lifetime and should contribute something voluntarily for religious and charitable purposes.
Waqf also means the ownership of the property which is now taken away from the person making waqf. Typically, Islam identifies such properties as the wealth transferred and detained to God. The person who creates waqf for the beneficiary is known as waqif.
Though the waqif has no right on the donated property, he or she can appoint a Mutawalli, who will monitor and administer the property.
What Are Waqf Properties?
In India, Waqf properties include religious and charitable establishments such as mosques, Eidgahs, dargahs, khanqahs, imambaras, and qabristans (graveyards), among others. These properties are donated by followers of Islam and are managed by the community.
Each state has a Waqf Board, a legal entity responsible for acquiring, holding, and managing Waqf properties. These properties are considered inalienable, meaning they cannot be sold or permanently leased.
Origin of the Concept of Waqf
The concept of Waqf in India dates back to the early Delhi Sultanate. Sultan Muizuddin Sam Ghaor was among the first to establish a Waqf when he dedicated two villages to the Jama Masjid of Multan, placing its administration under Shaikhul Islam. As Islamic rule expanded in India, the number of Waqf properties grew significantly, continuing through later dynasties.
Why Is the Bill So Controversial?
The Waqf (Amendment) Bill, 2024, reintroduced in 2025, seeks to reform the management and regulation of Waqf properties in India. Waqf refers to the endowment of property for religious or charitable purposes under Islamic law. This bill proposes several significant amendments to the existing Waqf Act of 1995:
- Inclusion of Non-Muslim Members in Waqf Bodies: The bill proposes altering the composition of the Central Waqf Council and State Waqf Boards to include non-Muslim members. Specifically, it mandates at least two non-Muslim members in these bodies, potentially allowing non-Muslims to form a majority. This change aims to promote diversity but has raised concerns about the autonomy of Muslim communities in managing their religious affairs.
- Changes to the Formation of Waqf: The bill stipulates that only individuals who have practiced Islam for at least five years can declare a Waqf, and they must own the property being endowed. It also removes the concept of ‘waqf by user,’ which recognized properties as Waqf based on long-term use, and ensures that creating a Waqf does not deny inheritance rights, including those of female heirs.
- Enhanced Government Oversight: The bill grants the government authority to appoint all members of the State Waqf Boards, shifting from the previous system where some members were elected. Additionally, it empowers the government to validate Waqf property ownership, a move intended to address disputes but viewed by critics as a potential means to challenge the legality of longstanding Muslim sites.
- Renaming of the Act: The proposed legislation seeks to rename the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, reflecting a broader scope of reforms aimed at modernizing Waqf management.
These proposed amendments have sparked significant debate. Proponents argue that the changes will enhance transparency, curb corruption, and promote inclusivity in the management of Waqf properties. Conversely, critics contend that the bill undermines the rights of Muslim communities to manage their religious endowments independently and could lead to increased governmental control over religious properties.
As of April 2, 2025, the Lok Sabha passed the Waqf (Amendment) Bill with 288 votes in favor and 232 against. The bill now awaits consideration in the Rajya Sabha and requires presidential assent before becoming law.
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