As Waqf Bill Enters Parliament On Wednesday, Busting Some Popular Myths
Government sources say a 'dangerous narrative' is being manufactured by the opposition and certain clerics who are making wild statements that land belonging to Muslims will be snatched
The Waqf Amendment Bill, proposing several changes to laws governing central and state boards, which decide how Muslim charitable properties are administered, will be tabled in the Lok Sabha on Wednesday.
The bill had been first tabled in the Lower House in August last year, after which it was sent to a joint parliamentary committee for scrutiny. The JPC submitted its report in February.
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The report was filed after squabbles between members from opposition parties and those from the BJP and its allies over the committee’s functioning. Opposition MPs accused the chair—BJP MP Jagdambika Pal—of bias and rushing the bill through without proper consultations.
The BJP refuted the claims, saying Pal “tried to hear everybody out and gave sufficient time for everybody to move amendments…"
The JPC held nearly three dozen hearings in six months, but many of those ended in chaos, and at least one in physical violence after Trinamool Congress MP Kalyan Banerjee smashed a glass bottle on the table after claiming provocation from the BJP’s Abhijit Gangopadhyay.
Eventually, 66 changes were proposed, of which all from the opposition were rejected, while the 23 from the BJP and allied parties were accepted. After a vote, 14 of the 23 were cleared.
The JPC had 16 MPs from the BJP and allied parties and 10 from the opposition.
Government sources say a “dangerous narrative" is being manufactured by the opposition and certain clerics who are making wild statements that land belonging to Muslims will be snatched.
Myth 1: Will Waqf properties be revoked?
● Fact: No property that is legitimately declared as waqf will be revoked.
Explanation:
o Once a property is declared waqf, it is meant to stay that way permanently.
o The bill only clarifies rules for better management and transparency.
o It allows the District Collector to review properties that might be misclassified as waqf, especially if they are actually government property.
Legitimate waqf properties remain protected.
Myth 2: Will there be no survey of Waqf properties?
● Fact: There will be a survey.
Explanation:
o The bill replaces the old role of the Survey Commissioner with the District Collector.
o The District Collector will conduct surveys using existing revenue procedures.
o This change aims to improve the accuracy of records without stopping the survey process.
Myth 3: Will non-Muslims become the majority on Waqf Boards?
● Fact: No, the boards will include non-Muslims, but they will not form a majority.
Explanation:
o The bill requires that at least two members on the Central Waqf Council and state boards be non-Muslim.
o The majority of members will still be from the Muslim community.
o This change is meant to add expertise and promote transparency without undermining community representation.
Myth 4: Will Muslims’ personal land be acquired under the new amendment?
● Fact: No personal land will be acquired.
Explanation:
o The bill applies only to properties that are declared waqf.
o It does not affect private or personal property that has not been donated as waqf.
o Only assets voluntarily and legally dedicated as waqf are covered by the new rules.
Myth 5: Will the government use this bill to take over waqf properties?
● Fact: The bill empowers the District Collector to review and verify if a property has been wrongly classified as waqf—especially if it might actually be government property—but it does not authorize the seizure of legitimately declared waqf properties.
Myth 6: Does the bill allow non-Muslims to control or manage the wealth of the Muslim community?
●Fact: While the amendment mandates that at least two members on the Central Waqf Council and State Boards be non-Muslim, these members are added to bring in additional expertise and oversight. The majority of members remain from the Muslim community, thereby preserving community control over religious affairs.
Myth 7: Will the traditional status of historic waqf sites (such as mosques, dargahs, and graveyards) be affected?
●Fact: The bill does not interfere with the religious or historical character of waqf properties. Its aim is to enhance administrative transparency and curb fraudulent claims—not to alter the sacred nature of these sites.
In simple terms, this clause means that if someone who is not a Muslim donates any property—whether it’s land, a building, or any movable item—to support a waqf (like a mosque, a prayer ground, a shrine, a graveyard, or a community center), then that property automatically becomes part of that waqf. It will be managed and handled in the same way as other property that has been donated as a waqf.
Myth 8: Does the removal of the ‘waqf by user’ provision mean that long-established traditions will be lost?
●Fact: The removal of this provision is designed to prevent unauthorised or erroneous claims over property. It streamlines the registration process by ensuring that only properties formally declared as waqf are recognised, thereby reducing disputes while still respecting traditional waqf declarations.
“Waqf by user" refers to a situation where a property is treated as a waqf simply because it has been used for religious or charitable purposes over a long period— even if there hasn’t been a formal, legal declaration by the owner.
Myth 9: Is the bill intended to interfere with the community’s right to manage its own religious affairs?
●Fact: The primary goal of the bill is to improve record-keeping, reduce mismanagement, and ensure accountability. It does not take away the Muslim community’s right to administer its own religious endowments; rather, it introduces a framework to ensure these properties are managed transparently and efficiently.
Aside from these myths, there are several essential aspects covered in the bill that should be considered for greater clarity and to avoid falling for misinformation.
How has the definition of Waqf changed from 1923 to 2013?
The main change in definition was made in 2013, when the expression ‘permanent dedication by a person professing Islam’ was replaced by ‘permanent dedication by any person.’ After this amendment, it is believed waqf has opened the floodgates for the dedication of property to waqf boards by any person.
Expansion of State Waqf Board composition
The amendment ensures broader representation from Shia, Sunni, Bohra, Aghakhani, and backward Muslim communities in State Waqf Boards. It mandates that at least one member each must come from the Shia, Sunni, and backward Muslim communities. This aims to reflect the diverse demographics of the Muslim population, ensuring inclusivity in waqf property management.
Critics
Several stakeholders, including MPs and organisations like the All-India Muslim Personal Law Board, Jamiat Ulema-e-Hind, and Jamaat-e-Islami Hind, have strongly opposed the bill, arguing that it violates constitutional provisions such as Articles 14, 15, 25, 26, and 300A of the Constitution of India, which encompass equality, non-discrimination, religious freedom, and property rights.
One of the most controversial aspects is the shift from elected Waqf Board members to government-appointed nominees, which opponents claim reduces Muslim representation and gives the government excessive control over waqf assets. While the government argues that removing the ‘Waqf by User’ provision will prevent unauthorised claims, critics contend that it weakens protections for waqf properties that have historically been recognised under this category.
Political manoeuvring and protests
Jamiat Ulema-e-Hind, a premier organisation of Deobandi theological leaning, and Jamaat-e-Islami Hind have been at the forefront of advocacy against the new waqf bill and the preservation of waqf properties. It is not merely hypocrisy but an astute move by the Jamiat & Jamat to lay claim to a rich treasure of properties that people and organisations affiliated to it have been in possession of. Even people manning most of the waqf boards in India have been connected to the Jamiat & Jamat. They were availing waqf benefits in the British period and continued to reap this easy yield through their shenanigans after Independence too. Their evil grip on waqf must be loosened to restore the welfare of the poor for whom the waqf is ultimately meant for. Besides, as said earlier, the waqf is a matter of faith and practice for the Sufi, Barelvi and Shia Muslims. They have maintained syncretic traditions of India, and the shrines maintained by them have been benefactors of all, especially the poor, irrespective of any creed, and thus, the waqf must be restored to these true guardians of India’s syncretic values and patrons of the poor.
Mechanisms to curb corruption and improve efficiency
● Waqf Boards must submit periodic reports on their activities and financial transactions.
● The finality of tribunal decisions has been removed, allowing appeals in High Courts for greater judicial scrutiny
● Provides a safeguard against potential misjudgments, thereby strengthening the legal oversight of waqf property disputes.
● Financial audits and transparent accounting practices will be enforced to curb fund misuse.
● By requiring documentary proof for waqf claims, the legislation aims to prevent disputes over land ownership and protect both private and public lands from wrongful claims.
In summary
● Waqf properties remain irrevocable.
● Surveys will continue, now done by the District Collector.
● Non-Muslim members will be included but not in the majority.
● Only waqf properties are affected, not personal land.
The Waqf Amendment Bill is a study in contrasts. While proponents emphasise its potential to solidify waqf property protections and enhance administrative transparency, critics express deep reservations about the shift in authority towards government appointees, fearing a dilution of community representation.
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