After intense debate, India’s parliament has approved a contentious bill that changes how Muslim-donated properties, known as waqf, are managed—assets worth billions that have been accumulated over centuries.
The Waqf (Amendment) Bill, 2024 was passed by the Rajya Sabha (Upper House) early Friday, following its approval in the Lok Sabha (Lower House) on Thursday. The bill now awaits the president’s signature, which is expected soon, before becoming law.
While the government argues that the legislation will improve transparency in the waqf system, Muslim leaders and opposition parties strongly oppose it, calling it unconstitutional and an attack on the rights of India’s Muslim minority.
Prime Minister Narendra Modi hailed the bill as a “watershed moment,” claiming it would enhance accountability in managing donations properties, which he said had been plagued by opacity.
However, opposition leaders voiced serious concerns. Congress chief Mallikarjun Kharge pointed out that although the bill passed with 288 votes in favor, 232 members opposed it—evidence, he said, of arbitrary decision-making despite wide resistance.
Asaduddin Owaisi, leader of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has already challenged the bill in the Supreme Court, according to legal portal LiveLaw.
In Islam, waqf refers to religious or charitable donations made for community benefit—used for mosques, madrassas, graveyards, and orphanages. Once declared donated, properties are not to be sold or repurposed.
These are governed by the Waqf Act of 1995, which established state waqf boards composed of government representatives, Muslim lawmakers, religious scholars, and waqf property managers.
First introduced by the BJP government last year, the bill aimed to modernize those donations administration and close legal loopholes, but critics argue it gives the government more power over Muslim charitable assets.
Some key amendments include: Stricter proof of ownership: Waqf boards must now provide documentary evidence to claim a property as waqf, even if it has historically been used as such. Final say by the government: In case of land disputes, especially involving government-claimed land, the government will have the final authority. Non-Muslim board members: The bill allows non-Muslims to serve on waqf boards and tribunals. Judicial oversight: Disputes can now be taken to court, reversing earlier rules that made waqf tribunal rulings final. Mandatory centralized registration: All declared properties must be officially registered within six months.
Muslim leaders fear these changes could weaken community control over religious assets and lead to potential encroachment by the state.
