The All India Shia Personal Law Board’s decision to approach the Supreme Court regarding the Waqf
The Amendment Bill has ignited significant debate surrounding the management of Waqf properties in India.
This bill, introduced in 2023 and recently reported on by a Joint Parliamentary Committee (JPC), aims to
amend the Waqf Act of 1995, which governs the administration of Waqf properties.
The proposed changes have raised concerns among various stakeholders, particularly within the Muslim community, who view it as an infringement on their rights and autonomy.
Background on Waqf Properties
Waqf properties are assets donated by Muslims for religious, charitable, or private purposes, and once
designated as Waqf, they are considered to belong to God, making their status irreversible. The
management of these properties has been regulated under the Waqf Act of 1995, which established a
framework for their administration. However, issues such as encroachment and unclear ownership have
persisted, prompting calls for reform
Key Provisions of the Waqf Amendment Bill
The Waqf (Amendment) Bill introduces several significant changes to the existing framework:
- Appeals Process: The bill allows claimants to appeal decisions regarding Waqf properties not only in
Waqf Tribunals but also in Revenue Courts, Civil Courts, or High Courts. This contrasts with the previous
law, where decisions made by Waqf Tribunals were deemed final[1][3]
- Definition of Waqf Property: Under the new amendment, land will not automatically be considered
Waqf property unless it has been explicitly donated for that purpose. This change challenges longstanding
assumptions about properties used for Islamic religious purposes[1][3].
- Board Composition: The amendment mandates that at least two women and two members from other
religions be included in each State Waqf Board. This provision aims to promote inclusivity but has been
met with resistance from traditionalists who argue it undermines the religious character of these
boards[1][4].
- Elimination of “Waqf by Use”: The bill removes the concept of “Waqf by use,” which allowed
properties used for religious purposes to be recognized as Waqf even without formal documentation. This
change could impact historic sites lacking proper records[3][4].
- Central Oversight: The bill grants the central government greater authority in overseeing Waqf
properties, including the power to audit any Waqf at any time. Critics argue that this centralization
threatens the autonomy of Muslim institutions and may lead to government overreach[4][5]
Opposition and Concerns
The introduction of the Waqf Amendment Bill has sparked considerable opposition from various Muslim
organizations, including the All India Shia Personal Law Board. They argue that the bill represents an
attack on their constitutional rights and an interference in the functioning of Waqf boards. Maulana
Yasoob Abbas, General Secretary of the Board, has voiced strong objections to the bill’s provisions and
announced plans to challenge it in court if necessary.
The Leader of Opposition in Rajya Sabha, Mallikarjun Kharge, condemned the government’s handling of
the bill, alleging that dissenting remarks from opposition members were deleted from the JPC report. He
described this action as “condemnable” and “anti-democratic,” urging for a reconsideration of the
report. The uproar surrounding these allegations highlights broader concerns about transparency and representation in legislative processes.
Government’s Justification
Supporters of the Waqf Amendment Bill argue that it is essential for modernizing and streamlining the
management of Waqf properties. They contend that including non-Muslim members in State Waqf Boards will enhance accountability and governance while addressing longstanding issues related to property encroachment and mismanagement [3][4]. Home Minister Amit Shah has defended the bill as a necessary step toward ensuring transparency and efficiency in managing these valuable assets.
Implications for Muslim Community
The potential implications of this bill are profound for India’s Muslim community. Many waqf properties
serve critical social functions, including mosques, madrasas, and graveyards. Critics fear that increased
government control could undermine these institutions’ autonomy and alter their intended religious and
charitable purposes [4][5]. Furthermore, there are concerns that such reforms may lead to a dilution of
cultural and religious rights for Muslims in India.
Conclusion
As the All India Shia Personal Law Board prepares to challenge the Waqf Amendment Bill in the
Supreme Court, it underscores a pivotal moment for discussions surrounding religious rights and property
management in India. The outcome of this legal battle could set important precedents regarding minority
rights and government oversight in matters traditionally governed by community institutions.
The ongoing debates reflect broader societal tensions over identity, governance, and representation within India’s diverse landscape. As stakeholders continue to voice their concerns and seek avenues for redressal, it remains crucial for all parties involved to engage constructively in dialogue aimed at finding common ground while respecting constitutional rights.
This situation highlights not only legal complexities but also deep-seated emotions tied to cultural
heritage and community identity—elements that will undoubtedly play a significant role as this issue
unfolds in India’s highest court.
Citations:
[1]
https://www.indiatvnews.com/news/india/waqf-amendment-bill-what-are-key-differences-between-old-an
d-new-law-check-here-2025-02-13-976079
[2]
https://indianexpress.com/article/india/parliament-budget-session-live-updates-new-i-t-bill-to-be-tabled-in
-lok-sabha-today-9833430/
[3]
https://www.financialexpress.com/india-news/waqf-bill-controversy-explained-why-is-opposition-opposi
ng-it-and-whats-the-governments-clarification/3748237/
[4]
https://indianexpress.com/article/opinion/editorials/express-view-on-furore-around-waqf-amendment-billsensitive-legislation-must-not-be-rushed-9834933/
[5]
https://www.ndtv.com/india-news/parliament-budget-session-2025-live-updates-income-tax-bill-likely-tobe-tabled-today-7698781
[6]
https://indianexpress.com/article/india/jpc-report-waqf-amendment-bill-rajya-sabha-mallikarjun-kharge-c
ondemnable-anti-democratic-9833766/
[7]
https://www.ndtv.com/india-news/waqf-amendment-bill-to-be-tabled-in-parliaments-budget-session-7599
859
This Article has been written by Krishnapriya Mishra. She is a 4th year Law Student at Xavier Law School, XIM University, Bhubaneswar, Odisha.
