Under Islamic law, Waqf, also known as ḥabs or mortmain property, is an unalienable charitable gift. Usually, a structure, a piece of land, or other assets are donated for philanthropic or religious reasons for Muslims with no hope of getting them back. The assets contributed might be held in charitable trust. The individual making this commitment is referred to as a waqif (donor), who employs a mutawalli (trustee), to oversee the property in return for a portion of the profits it makes. A Waqf enables the government to preserve historical and cultural landmarks while delivering social services in compliance with Islamic law.
Early references to Waqf in India date back to the 14th century, specifically mentioned in Insha-I-Mahru by Aynul Mulk Ibn Mahru, where Muhammad of Ghor dedicated two villages for a mosque in Multan and placed their administration under the Shayakh Al- Islām. As the Delhi Sultanate thrived, many Waqfs were established, enriching the cultural and religious landscape. Modern regulations began with the Waqf Act 1954, later revised as the Waqf Act of 1995, a law in India that helps manage and protect properties given for religious and charitable purposes by Muslims. It is a set of rules to make sure that mosques, graveyards, schools and hospitals owned by these trusts are used properly and not mismanaged.
The Waqf (Amendment) Bill 2024, is to amend the Waqf Act 1995, to redress the issues and challenges in regulating and managing Waqf properties. It is designed to combat mismanagement, corruption and encroachment on Waqf holdings. The revisions aim to establish digital records, tougher audits and legal measures for reclaiming unlawfully inhabited buildings. The Mussalman Waqf (Abolish) Bill 2024, seeks to abolish the Mussalman Waqf Act 1923, a colonial-era piece of law that is now outmoded and insufficient for administering Waqf lands in modern India. The repeal intends to provide uniformity, openness, and accountability in the administration and management of Waqf properties under the Waqf Act of 1995, eliminating inconsistencies and ambiguities generated by the continuous presence of this superfluous statute.
Home minister Amit Shah, announced during a rally in Gurugra m (Badshahpur) in September that the Bill will be passed during the upcoming Winter Session of Parliament. His announcement sparked outrage among minority communities, opposition leaders and civil society members, who perceived it as another attempt to enact legislation that could have far-reaching consequences for the Muslim community and its rights.
Muslims and the Waqf Board are against the amendment as it deprives them of their “sweeping powers”. Changes introduced by the Bill like that of reducing Muslim representation in Waqf governance, non-Muslim members in the Central Waqf Council and Waqf Boards, Chief Executive Officer to not necessarily be a Muslim, removal of expert in Muslim law from the Waqf tribunal, has led to a widespread terror that the Bill could erode the autonomy of Waqf institutions and further marginalize the Muslim community. In response, Rajasthan to Delhi protest march –“Anti Waqf Bill” has been declared by the Waqf Board members to be held on 24th November, 2024.
In India, around 30 Waqf Boards oversee assets totalling more than 9 lakh acres and valued at an estimated Rs 1.2 lakh crore. Waqf Boards are now the nation’s third largest landowners, behind the Defence Ministry and the Railways. The Waqf Board controversy is not new; past allegations of land mismanagement and corruption, such as those in the 1970s in Uttar Pradesh and Bihar, highlight systemic governance issues. Currently, it has spread its tentacles across states of Madhya Pradesh, Maharashtra, Uttar Pradesh, Tamil Nadu, Hyderabad and now Karnataka. The board also claims the land on which parliament stands to be that of the Waqf Board. “In the last 15 years, there is only one chorus everywhere that the parliament is also on Waqf land” says Maulana Baruddin Ajmal(founder and current chief of AIUDF).
Zameer Ahmed Khan (Minister of Housing department of Congress) in Karnataka, went on a tour in the district of Vijayapura and within 15 days, without giving any prior notice to the farmers, claimed 1500 acres of land of Hindu farmers in Karnataka to be that of the Waqf Board. This forceful acquisition is further, openly supported by Siddaramaiah (Chief Minister, Karnataka). Farmers from the Vijayapura district and the talukas associated, are in utter terror due to this claim. Almost 2000-3000 farmers are on the verge to lose their only source of livelihood. According to Tejasvi Surya (MP of BJP), Congress has caused changes in the Mutation Register which the farmers have listed, in order to voice their grievances and are going to submit it to the High Court to put a full stop to the abuse of the Waqf board. A memorandum with the help of the respective DC has been submitted to the Chief Minister of Karnataka voicing their grievances. Waqf Act 1995, was amended both in 1995 and 2013 by Congress government, which raises a lot of questions regarding their sudden widespread claim of acres and acres of land across India, and the government’s current response to it.
The claim by the Karnataka Waqf Board over the historic Bidar Fort and surrounding villages also has sparked significant controversy and concern. The Archaeological Survey of India (ASI), which has managed the fort for over 70 years, expressed shock and surprise at the claim, which is based on a 2005 notification. Local farmers and representatives are worried about the potential land grabs and impact on their livelihoods. The state government has been forced to issue clarifications and orders to nullify and takeover notices, but the situation remains tense, with ongoing protests, and calls for further investigation (timesofindia.indiatimes.com).
The current controversy has reached a boiling point, with political parties deeply divided. BJP has accused the Waqf Board of unfairly targeting farmers by issuing eviction notices for alleged encroachments on Waqf land, while the Congress government insists these actions are routine and necessary for reclaiming misused properties. This issue has become a significant political flashpoint, especially with upcoming by-elections, leading to widespread protests and misinformation. It also highlights the complexities and sensitivities involved in managing and preserving historical and religious properties and draws attention to the broader issue of property rights and the balance between regulation and religious freedom.
The controversy has also shaken the faith of the Muslim community in the Waqf system, which has long been seen as a guardian of their religious and social welfare. For many, the board’s mismanagement represents a betrayal of the community’s trust. Mosques, madrasas and charitable institutions heavily rely on Waqf funding, and any disruption in the board’s activities could severely impact these essential services. “The board must be for the people, not for profiteers”, said one protestor during a rally in Mumbai.
This ongoing controversy underscores the complex interplay of religion, politics and property rights in India, especially amid rising religious polarization. The handling of religious endowments like Waqf, is a litmus test for the Indian state’s ability to balance religious freedom with transparency and accountability. Thus, we infer that in a secular nation like India, there is a need for a (delicate) balance between protecting religious integrity and preventing corruption. The nation is now looking forward as to how the Waqf Board proves its land claims to be genuine against the farmers who have been owning the land since 5 to 6 generations, in the upcoming session of the High Court.
Written by – Shruti Shiraguppi
Edited by – Aliya Khatri