PolitiLens

 

 The Endless Legal Disputes Over Muslim Donated Lands in India

In a move that has stirred political and communal waters, the **Lok Sabha passed the Waqf (Amendment) Bill, 2025**, during a 12-hour-long debate. The bill seeks to amend the **Waqf Act of 1995**, which governs Muslim charitable properties across India. While the government insists the amendment ensures greater transparency, critics fear it’s a veiled attempt at state overreach into minority affairs.

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What is Waqf, Really?

The term Waqf comes from Islamic jurisprudence. It refers to a permanent dedication of property or wealth for religious or charitable purposes. Once declared, a waqf cannot be revoked. It is considered a donation to God, managed by a trustee (Mutawalli), and meant to serve the public good — like running a mosque, maintaining a graveyard, or funding education and healthcare. In India, Waqf Boards are state-established statutory bodies responsible for overseeing these properties, ensuring they are used according to their religious intent.

A Legacy Spanning Centuries

Waqf in India dates back to the 12th century during the Delhi Sultanate. Over centuries, rulers, nobles, and even common people have donated land for religious and social welfare. Even during British rule, the system was preserved through the Mussalman Waqf Validating Act of 1913, despite initial judicial hostility. Today, India is home to the largest Waqf estate globally

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How Big is Waqf in India?

• 9.4 lakh acres of land

• Over 8.7 lakh registered immovable properties

• 16,000+ movable assets

• Over 3.5 lakh Waqf estates

• Estimated value: ₹1.2 lakh crore

Waqf Boards are now India’s third-largest landowners, after the Indian Army and the Railways.

Waqf (Amendment) Bill 2025 Passed Amid Controversy: Muslim Community Raises Alarm

The Lok Sabha passed the contentious Waqf (Amendment) Bill, 2025 on April 3 after a marathon 12-hour debate. Introduced by Union Minority Affairs Minister Kiren Rijiju, the Bill amends the Waqf Act, 1995, reshaping the governance and management of Waqf properties in India. While the government defends the bill as a much-needed reform to eliminate irregularities and enhance transparency, the opposition and sections of the Muslim community have branded it as anti-minority and unconstitutional.

Control or Co-option?

At the heart of the controversy is the power shift. The bill empowers the central government to decide:

• Whether a piece of land can be declared Waqf

• Who sits on Waqf Boards

• Whether a donation is valid based on the donor's "religious adherence"

This centralization is being seen as a threat to Article 26 of the Constitution, which grants religious communities the right to manage their own affairs in matters of religion.

Asaduddin Owaisi, the AIMIM chief, argued that the Bill is part of a broader pattern of undermining Muslim institutions. “This is not reform. It’s takeover,” he said on the Parliament floor.

Community Representation in Question

The inclusion of non-Muslim board members and non-Muslim CEOs in Waqf Boards has drawn sharp criticism. Many feel that allowing the state to appoint people from outside the community compromises the autonomy and religious character of the institutions. The government insists this is merely an administrative step and assures that non-Muslims will not interfere in religious decisions—but the community remains unconvinced.

The “Practising Muslim” Clause

One of the most controversial aspects of the amendment is the requirement that only someone who has been a practising Muslim for at least five years can donate land to Waqf. Critics say this opens the door to arbitrary judgments. How do you define a practising Muslim? Do they have to offer namaz five times a day? Observe all fasts? Visit the mosque regularly?

This provision, they argue, risks excluding cultural or liberal Muslims, or even converts who may not meet these undefined benchmarks.