Controversial Waqf Property Law in India Sparks Nationwide Protests

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.

What is Waqf?

The term “Waqf” or “Wakf” originates from the Arabic word “(waqa),” which means “holding back” or “stop” or “remains” in place or remains standing. In the religious context, it refers to property donated for the benefit of the community, with the understanding that it cannot be sold or used for other purposes. This property, therefore, is considered to belong to God. The waqf tradition in India dates back to the 12th century during the Delhi Sultanate, and over the centuries, these properties have included mosques, madrasas, tombs, and orphanages.

The Legal Framework

The 1995 waqf law, which mandates the formation of state-level councils, currently governs these properties. The council includes members appointed by the state government, as well as Muslim Parliament members. The government recognizes the waqf body as one of the largest landowners in India, with an estimated 872,351 properties covering more than 940,000 hectares, valued at approximately 1.2 trillion rupees (around $14.5 billion USD).

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.

Waqf, India

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.

Understanding the Controversy: Waqf Property Law in India

What is Waqf?

Definition: Waqf, derived from the Arabic term meaning “holding back” or “remains,” refers to property donated for community benefit. These properties are dedicated to charitable purposes, such as mosques, madrasas, and orphanages, and cannot be sold or repurposed as they are seen as belonging to God.
Historical Context: The tradition in India dates back to the 12th century during the Delhi Sultanate, encompassing a range of community-oriented properties.

What is the Purpose of the Draft Law?

Objective: The 2024 Draft Law aims to implement over 40 amendments to address corruption and reform the management of waqf properties, valued at approximately 1.2 trillion rupees.
Support for Reform: The government argues these changes are necessary to eliminate corruption and modernize waqf property management, responding to demands from within the Muslim community for more efficient use of these lands.

Why Has the Draft Law Sparked Controversy?

ownership Rules: Key concerns focus on changes to ownership rules, potentially affecting mosques and historical graves managed by waqf councils.
Cultural Heritage: Manny donated properties lack legal documentation but have been managed for generations. The proposed law could rewrite these traditions,causing apprehension among the communities.
Perceived Agenda: Critics argue the reforms might weaken minority rights,considering the broader political context of a Hindu Nationalist government.

What Legal Mechanisms Govern Waqf Properties?

Current Framework: The 1995 Waqf Law mandates state-level councils comprising government-appointed and elected Muslim members, managing nearly 1.2 trillion rupees worth of properties.
Proposed Changes: The draft law includes provisions for registering property with district collectors, and incorporating non-Muslim members into management bodies.

How Does the Draft Law Impact Waqf Property Management?

Management Overhaul: It seeks to enhance transparency but faces criticism over abolishing provisions for historically undocumented properties.
Potential for Disputes: Involving non-Muslim members in management is seen by some as undermining Muslim control, threatening established community cohesion.

What Are the Economic Implications?

Income from Properties: A Sachar Committee report in 2006 highlighted that efficient waqf property management could generate over 120 billion rupees annually, significantly more than the current 2.2 billion rupees.
encroachment Issues: Beyond corruption,there are concerns over land encroachment by both government agencies and private entities.

how Are Community Reactions Being Expressed?

Public Protests: Nationwide protests highlight the depth of opposition, with large-scale demonstrations showing the scale of discontent.
Political Reactions: Opposition parties and some Muslim groups allege political motivation behind the bill, while government officials refute these claims.

What Are the Broader Social Implications?

cultural versus Institutional Reforms: The debate questions the balance between necessary institutional reforms and preserving cultural heritage.
Inclusivity Concerns: Changes suggesting inclusion of non-Muslim members in waqf councils are seen by some as beneficial for secular governance, but others fear they may lead to diminished minority rights.

What Steps can Be taken Moving Forward?

Engagement and Dialog: Encouraging open dialogue between communities, government bodies, and legal experts could foster understanding and compromise.
Transparency and Oversight: Instituting clear,enforceable guidelines for waqf management could improve transparency and reduce corruption.

By addressing these questions, stakeholders can navigate the complexities of this contentious issue, striving for solutions that honor both tradition and modern administrative needs.

Asaduddin Owaisi

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What’s next

Muslims in India Reject Wakaf Change

Controversial Waqf Property Law in India Sparks Nationwide Protests

The Draft Law: Aims and Criticisms

What is Waqf?

The Legal Framework

The Need for Reform

Why the Controversy?

Criticism and Concerns

Implications for Religious Institutions

Prospective Reform vs. Institutional Slack

Muslim Elites Concerns and Community Partnerships

Understanding the Controversy: Waqf Property Law in India

What is Waqf?

What is the Purpose of the Draft Law?

Why Has the Draft Law Sparked Controversy?

What Legal Mechanisms Govern Waqf Properties?

How Does the Draft Law Impact Waqf Property Management?

What Are the Economic Implications?

how Are Community Reactions Being Expressed?

What Are the Broader Social Implications?

What Steps can Be taken Moving Forward?