Jakarta – A controversial proposal to amend the law governing millions of dollars in waqf properties donated by Muslims in India over centuries has sparked widespread protests and intense debate across the country. Waqf properties, which include mosques, madrasas, shelter houses, and thousands of hectares of land, are managed by a council and are a significant part of the Muslim community’s heritage and social infrastructure. The proposed Draft Law, introduced in August 2024, includes over 40 amendments to the existing law, aiming to address corruption and reform the management of these properties.

The Draft Law: Aims and Criticisms

The bill, currently under discussion in the Parliamentary Commission, has been met with fierce opposition. Parliamentarian members have alleged that their records of rejecting the bill have been deleted, a claim denied by the Federal government. If approved, the bill will be sent to President Droupadi Murmu for final approval. Modi’s government has defended the changes, saying they are necessary to eradicate corruption and meet the demands for reforms from the Muslim community. However, many Muslim groups and opposition parties argue that these changes are part of a broader effort by the Hindu Nationalist Party, which supports Modi, to weaken minority rights.

The Need for Reform

The Muslim community acknowledges that corruption is a significant problem within the waqf agency, with members often colluding with land brokers to sell waqf property. Critics also point to a broader issue of land encroachment by government agencies and private individuals. A 2006 report by the Sachar Committee, formed by the previous Congress government, recommended waqf reform, highlighting the low income generated from these properties despite their vast holdings. The committee suggested that efficient use of the land could generate over 120 billion rupees (around $1.465 billion USD) annually, far exceeding the current annual income of around 2.2 billion rupees (about $26.5 million USD).

“The government-led Sachar Justice Committee recommendation stated a common occurrence of state seizure, which is incompetent in safeguarding waqf interests,” summarized a committee member.

Why the Controversy?

Many Muslims view the proposed bill with skepticism, seeing it as an effort to undermine their control over historic and community properties. One of the most contentious aspects is the change in ownership rules, which could impact mosques and historical graves owned by the council. Many of these properties, donated orally or without legal records, have been managed for generations and are part of the community’s cultural and religious heritage. The draft law seeks to abolish the provision recognizing such properties, leaving their fate uncertain. Professor Mujibur Rehman, author of “Shikwa-e-Hind: Future of Indian Muslim Politics,” emphasizes the complexity of tracking community property ownership over centuries, given the shifts in management systems from Mughal to British colonial and the current systems. He says, “You can track personal property to several generations, but tracking shared treasure is more difficult, because the management continues to change over time.”

Criticism and Concerns

The Muslim community is particularly worried that the new draft law may eliminate their control over waqf properties. The changes proposed alter the composition of the waqf management to include non-Muslim members, a move some see as beneficial for making the process more secular. However, critics argue that this could shift control to the Hindu majority, potentially leading to community disputes and diminishing historical equilibrium, which some equate to residential segregation Lands like urban zoning laws being used against minorities.

For instance, as federal laws like the Housing and Urban Development Act in the United States have consistently emphasized inclusive housing zoning laws, this bill’s push for majority representation in waqf management has been deemed by some economists as disconcerting for Muslim communities.

“You can track personal property to several generations, but tracking shared treasure is more difficult, because the management continues to change over time,”
Prof. Mujibur Rehman

Implications for Religious Institutions

The bill also proposes that the waqf council must register properties with the district collector, who will then recommend to the government whether waqf claims for these properties are valid. Critics fear this will weaken the authority of the waqf agency. “this changes may seize land owned by Muslims” Asaduddin Owaisi, a prominent Muslim parliament member, accusing Hindu-nationalist Prime Minister Modi’s-led government. The current law mandates surveys by the state government to identify and legally register waqf properties, whereas such a process would abruptly place a new, simultaneous validity depending on the interest of Hindu held lands, making a dilutions of community’s traditional management systems, as communities have consistently raised in public demonstrations, with large banners, reaching approximately one mile-long.

Prospective Reform vs. Institutional Slack

Many parties have agreed that corruption is a problem, but they also believe that the issue of encroachment merits immediate attention, especially with cases concerning state agencies such as The Times of India has consistently emphasized cleaning up the Indian Parliamentary system by bringing religiously neutral oversight. Zaheer Khan, a senior journalist, advocates, “Religious institutions need federal control due to their specific longevity and community sensitivity, federal minimum standards should focus on the best practice rather than oversight.”

Muslim Elites Concerns and Community Partnerships

Waqf property management long has been predominantly handled by the Muslim community’s elite. But recent cases have become controversial motives for, leading calls for reforms to ensure land management gets more participatory policies regulated by federal law. Kiren Rijiju, minister of Parliamentary Affairs, cited the need for inclusivity in waqf oversight, emphasizing the necessity to overthrow traditional systems for more transparent oversight.