Understanding the Waqf Property Debate in India

 In recent months, the debate surrounding waqf properties and the functioning of Waqf Boards in India has reignited with the introduction of the new Waqf Bill, leading to a political and social storm. While some see it as a necessary reform to bring transparency and accountability, others see it as an attack on minority rights. Here's a comprehensive look at what waqf property means, how the Waqf Board operates, what the new bill proposes, and why it’s facing sharp opposition.

What is Waqf Property?

In Islamic tradition, waqf refers to a permanent endowment made by a Muslim for religious, educational, or charitable purposes. Once a property is declared as waqf, it becomes inalienable—it cannot be sold, gifted, or inherited.

These properties are typically:

• Mosques and graveyards

• Religious schools (madrasas)

• Agricultural land

• Commercial or residential buildings donated for charity

Over time, waqf properties have accumulated into one of India's largest bodies of religious landholdings—reportedly over 6 lakh properties nationwide.

What is the Waqf Board?

The Waqf Board is a government-established statutory body created under the Waqf Act, 1995, meant to manage and safeguard these properties.

Each state has its own board, and there's a Central Waqf Council under the Ministry of Minority Affairs. These boards are responsible for:

• Registering waqf properties

• Managing revenues

• Preventing encroachments

• Leasing or developing properties

In principle, the board should use the income generated from waqf properties for the welfare of the Muslim community, especially in the areas of education, healthcare, and social welfare.

What Does the New Waqf Bill Say?

The Waqf (Amendment) Bill, recently introduced in Parliament, seeks to restructure and tighten control over waqf properties. While the details vary slightly by version and draft, key proposed changes include:

1. Digitisation and Centralisation

   • Creation of a central database of all waqf properties to prevent misuse.

2. Independent Audit

   • Introduction of independent auditing mechanisms to ensure transparency in revenue and property management.

3. Curtailing Arbitrary Powers

   • Reduction of unilateral powers of state Waqf Boards in leasing or disposing of properties.

4. Dispute Resolution

• Establishment of special tribunals or oversight committees for faster resolution of waqf-related land disputes.

Why the Protests?

Concerns from the Muslim Community

1. Fear of Encroachment by the State

   • Many Muslim organisations and clerics fear that centralisation and increased government control might lead to the forcible takeover of waqf land, especially high-value urban properties.

2. Religious Autonomy at Stake

   • Waqf is viewed as a religious institution, and critics see the Bill as a violation of Article 26 of the Indian Constitution, which guarantees freedom to manage religious affairs.

3. Lack of Consultation

   • Community leaders argue that the Bill was introduced without consulting Muslim scholars, jurists, or waqf beneficiaries.

4. Politicization

• Several see the Bill as part of a larger pattern of majoritarian governance aimed at curbing minority institutions.

Supporters of the Bill Say…

1. Widespread Corruption in Waqf Boards

   • Several reports, including state audits and media investigations, have exposed corruption, illegal land sales, and encroachments involving Waqf Boards. Reform is seen as long overdue.

2. No Accountability

   • Waqf Boards function autonomously with little oversight, leading to cases where public land was wrongly claimed as waqf or leased without due process.

3. Need for Uniform Regulation

   • Supporters believe the Bill brings consistency and professionalism in managing what is essentially public property meant for social welfare.

4. Not Anti-Muslim, but Pro-Transparency

• Government spokespersons argue that the bill is not targeting Muslims but rather trying to ensure the beneficiaries of waqf properties actually receive support.

The Bigger Debate: Property Rights vs Religious Autonomy

At the heart of the Waqf debate lies a tension between property law and religious freedom. On one side, the state seeks to regulate and modernise institutions. On the other hand, communities fear loss of control over what they see as sacred, donated assets. This debate raises larger questions:

• Should religious endowments be treated as public institutions?

• What is the state's role in managing religious property?

• Can reforms be implemented without alienating communities?

Conclusion

The Waqf property issue is not just about land—it’s about trust, identity, and power. While reforms are clearly needed to tackle corruption and ensure proper use of waqf assets, the process must be inclusive and transparent, respecting both constitutional values and community sentiments. Otherwise, the solution may end up deepening the divide it's meant to bridge.