WAQF AMENDMENT BILL
The recent passage of the Waqf (Amendment) Bill, 2025, has
sparked extensive debate across India. This legislation introduces significant
changes to the management and oversight of waqf properties—charitable
endowments pivotal to the socio-economic and cultural fabric of the Muslim
community. While the government asserts that the amendments aim to enhance
transparency and efficiency, critics argue they may infringe upon the rights of
the Muslim minority.
Key Provisions of the Waqf (Amendment)
Bill, 2025
The bill introduces several notable changes to the Waqf Act
of 1995:
- Inclusion
of Non-Muslim Members and Female members: The amendment allows for the
appointment of non-Muslim members to the Central Waqf Council and State
Waqf Boards. Proponents believe this will promote diversity and reduce
insularity, while opponents fear it could dilute the Islamic character of
these bodies.
- Government
Authority in Dispute Resolution: The bill grants government
authorities the power to determine ownership in disputes over waqf
properties. Supporters argue this will expedite conflict resolution, but
critics contend it may lead to unjust appropriation of waqf assets.
- Revised
Criteria for Waqf Formation: The legislation stipulates that only
properties officially declared as waqf through proper legal documentation
will be recognized, eliminating the concept of 'waqf by user,' where
longstanding usage established a property's waqf status. This change aims
to prevent unauthorized claims but raises concerns about properties
lacking formal records.
Government's Justification
The government, led by Prime Minister Narendra Modi's
administration, asserts that these amendments are designed to:
- Enhance
Transparency: By including non-Muslim members and increasing
oversight, the government aims to reduce corruption and mismanagement
within waqf institutions.
- Streamline
Dispute Resolution: Empowering authorities to resolve ownership
disputes is intended to expedite legal processes and reduce prolonged
litigations.
- Protect
Property Rights: By requiring formal documentation for waqf
recognition, the bill seeks to safeguard properties from fraudulent claims
and ensure clear ownership records.
Opposition and Criticisms
Despite governmental assurances, the bill has faced
significant opposition:
- Infringement
on Religious Autonomy: Critics argue that including non-Muslims in
waqf management contravenes Islamic principles, which mandate that only
Muslims oversee waqf affairs.
- Risk
of Property Seizure: There is apprehension that granting government
bodies the authority to decide ownership disputes could lead to the
confiscation of historically significant waqf properties, especially those
lacking formal documentation.
- Marginalization
of the Muslim Community: Opposition parties and Muslim organizations
contend that the bill is part of a broader pattern of policies that
undermine minority rights, potentially exacerbating communal tensions.
Conclusion
The Waqf (Amendment) Bill, 2025, represents a pivotal shift
in the governance of waqf properties in India. While the government emphasizes
objectives of transparency and efficiency, the concerns raised by various
stakeholders highlight the need for a balanced approach that respects the
religious and cultural significance of waqf institutions. As the bill awaits
presidential assent, it is imperative for all parties to engage in constructive
dialogue to address the apprehensions of the Muslim community and ensure that
the amendments serve the collective interest of India's diverse populace
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