Waqf and Its Significance: Understanding the Controversy Behind the Waqf (Amendment) Bill

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thenews21bureau
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In a highly charged parliamentary session, the Lok Sabha passed the Waqf (Amendment) Bill, 2025, after a marathon 12-hour debate. The bill, which received 288 votes in favor and 232 against, has sparked significant controversy, with the ruling NDA defending it as a step towards transparency, while the opposition, led by the Congress, has called it an attack on minority rights.

What is Waqf?

The term “Waqf” originates from the Arabic word waqafa, meaning to hold, detain, or preserve. Under Islamic law, waqf refers to a charitable endowment, wherein a person donates a property for religious or social welfare purposes. Once designated as waqf, the property cannot be sold, inherited, or transferred, ensuring its perpetual use for the intended charitable purpose.

Key Elements of Waqf

  1. Wāqif (Donor): The individual or entity who donates the property.
  2. Mawqūf ‘alayh (Beneficiaries): The group or purpose for which the waqf is created (e.g., mosques, schools, orphanages).
  3. Mutawalli (Trustee): The custodian responsible for managing the waqf property.

History of Waqf in India

The concept of waqf has existed in India since the medieval period when Muslim rulers and noble families donated land and wealth for religious and social causes. Over time, waqf properties expanded significantly, necessitating formal legal frameworks.

Colonial and Post-Independence Legal Evolution

  • 1913: The British government passed the Mussalman Wakf Validating Act, recognizing family waqfs.
  • 1954: The first comprehensive Waqf Act was enacted in independent India.
  • 1995: The Act was updated to improve governance and management of waqf properties.
  • 2013: Amendments were introduced to curb encroachments and illegal sales of waqf land.

Why is the Waqf (Amendment) Bill Controversial?

The new amendment aims to streamline waqf property management, reduce alleged misuse and encroachments, and enhance state oversight. However, opposition parties and minority leaders argue that:

  • The bill weakens the autonomy of waqf boards.
  • It grants greater control to the government over waqf properties.
  • It is part of a larger agenda to dilute minority rights.

Political Reactions

  • BJP: Defended the bill, stating it would increase transparency and accountability.
  • Congress & Opposition: Called it “anti-Muslim” and a threat to minority rights.
  • Muslim leaders: Expressed concerns that the bill could lead to loss of waqf lands.

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