Waqf Amendment Bill: Why Muslims are opposing it?

NEW DELHI: Muslim organisations and leaders strongly opposed the Waqf (Amendment) Bill tabled by the Bharatiya Janata Party-led government in Parliament on Wednesday. They argue that the proposed changes will be detrimental rather than beneficial to the Muslim community. They claim that the Bill is an attempt to weaken the autonomy of Waqf properties and seize lands that have been historically dedicated for religious and charitable purposes.

Senior members of the All India Muslim Personal Law Board ( AIMPLB ) have denounced the Bill, stating that their concerns were disregarded by the Joint Parliamentary Committee (JPC). "The AIMPLB and other Muslim organizations have conveyed their concerns over the Bill to the JPC, but they were not considered," said Maulana Khalid Rashi Farangi Mahali, a senior executive member of the Board, to PTI.

He emphasised that Waqf properties hold deep religious significance, comparable to fundamental Islamic practices, and that any amendment affecting their status is unacceptable. "We have urged all MPs to consider the sentiments of the Muslim community and reject the proposed amendments," he added.

In Bareilly, Ittihad-e-Millat Council chief Maulana Tauqeer Raza expressed outright rejection of the Bill, stating that it will not be accepted under any circumstances. "We cannot approve any such Bill, nor can we support anything that goes beyond the constitutional framework. We will oppose the Waqf (Amendment) Bill through democratic means," he asserted.

He also pointed out that there has not been sufficient resistance to the Bill so far and accused the government of misrepresenting the issue. "We are accused of making illegal encroachments on Waqf properties, but our ancestors dedicated their properties to Waqf. Many rulers did the same, building temples and donating properties to them. Now, those very properties are being taken away," he said.

Maulana Tauqeer Raza further alleged that the Bill is designed to harass Muslims and seize their lands under the guise of reform. "How has the BJP suddenly become such a well-wisher of Muslims? This is sheer deception in the name of protecting Muslim interests," he remarked.


Another aspect fueling the protests is the 'waqf by user' classification. The Waqf Act of 1954 classified properties under the designation of "waqf by user". According to this provision, a property gains waqf status if it has served religious or charitable functions over an extended period, regardless of formal paperwork. However, the suggested legislation eliminates this provision, creating uncertainty about the status of numerous such properties.

Meanwhile, AIMIM leader Asaduddin Owaisi contended that the legislation targets Muslims' religious liberties. The AIMIM president further elaborated that the bill fundamentally contradicts Articles 14, 25, 26 and 29 of the Indian Constitution. He dismissed the legislation, stating that rather than being a Waqf Bill, it should be termed a "Waqf Barbaad Bill."

Additionally, the bill mandates the inclusion of non-Muslims in the Central Waqf Council and state waqf boards, which critics argue interferes with Muslim religious affairs.

Another provision allows an officer above the rank of collector to investigate government properties claimed as Waqf, with the final decision on ownership shifting from Waqf tribunals to senior government officials, which some believe will lead to political bias. Despite the widespread opposition from Muslim groups, some legal experts have defended certain provisions of the Bill. In Varanasi, lawyer Vishnu Shankar Jain argued that the Bill curtails the unchecked powers of Waqf boards, calling it a "positive step." However, he acknowledged that certain aspects require further debate. "There is no provision to take back the property of any other religion or trust which has been declared as Waqf property. We have registered our protest against this," he said.

The opposition to the Bill has also been echoed in Parliament, where no bipartisan consensus has been reached. The ruling National Democratic Alliance remains firm on pushing the amendments, while opposition parties have criticized the Bill as "unconstitutional" and harmful to the Muslim community.

The bill amendment specifies that Muslim-established trusts under any legal framework will be excluded from Waqf classification, ensuring complete authority over these entities.

The bill reinstates pre-2013 regulations, stipulating that only individuals who have been practising Muslims for a minimum of five years can allocate their property to Waqf. Additionally, it mandates that women must receive their inherited share before any Waqf declarations, whilst incorporating specific provisions to safeguard the interests of widows, divorced women and orphans.