Why Indian Muslims oppose changes proposed in Waqf law

They feel political agenda is behind the move

THE WORLDVIEW

April 2, 2025

A PROPOSAL to amend India’s decades-old law governing waqf properties — land and buildings donated by Muslims for religious and charitable purposes — has led to widespread protests. These properties include mosques, madrassas, orphanages, and thousands of acres of land managed by waqf boards.

The bill, introduced in August, suggests over 40 changes to the existing law. It was sent to a parliamentary committee for review and, on 13th February, the committee’s report was presented in both houses of parliament. Opposition leaders protested, claiming their dissenting notes were removed — an allegation denied by the government.  

If passed, the bill will be sent to President Droupadi Murmu for approval before becoming law. Prime Minister Narendra Modi’s government argues that the amendments aim to eliminate corruption in waqf property management and respond to calls for reform from the Muslim community. However, Muslim groups and opposition parties view the changes as politically driven, accusing Modi’s Hindu nationalist party of trying to weaken minority rights.

What is waqf?

In Islamic tradition, a waqf is a donation meant for community benefit, and such properties cannot be sold or repurposed. India’s Waqf Act of 1995 governs these assets through state-level waqf boards, which include representatives from the government, Muslim lawmakers, legal experts, and religious scholars.

The government estimates there are at least 872,351 waqf properties across India, covering over 940,000 acres and valued at 1.2 trillion rupees ($14.22 billion). While corruption in waqf boards is a concern — members have been accused of illegally selling waqf land — critics argue that many waqf properties have also been encroached upon by individuals, businesses, and even government authorities.

A 2006 report by the Justice Sachar Committee highlighted the mismanagement of waqf properties and noted widespread encroachments, including by government entities. Official data suggest that at least 58,889 waqf properties are encroached upon, over 13,000 are under litigation, and the status of more than 435,000 remains unclear.

Key changes and controversies

One of the most debated aspects of the bill is its removal of the “waqf by user” provision, which has historically recognised properties in use by Muslims for generations, even if they lack formal documentation. This could leave many historical mosques, dargahs, and graveyards vulnerable.

Additionally, the bill proposes altering the composition of waqf boards by making it mandatory to include non-Muslims. While some argue this could make the process more secular, others see it as an attempt to reduce Muslim control over waqf assets.

Another proposed change requires district collectors to verify waqf property registrations, effectively giving the government greater control over waqf assets. Critics say this would weaken the authority of waqf boards.

Parliamentary Affairs Minister Kiren Rijiju has defended the reforms, arguing that waqf properties have been controlled by a small elite within the Muslim community. However, many Muslims worry that the changes could reduce their role in managing waqf properties and serve a broader political agenda.

With tensions rising, the fate of the bill remains uncertain as it moves through parliament.