Waqf Amendment Bill 2024: Indian Muslims’ resistance to accountability

The institution of waqf may sound like a noble charity rooted in Islamic tradition, but dig deeper, and you’ll find an intriguing story of property management, historical manoeuvring, and power preservation that echoes through India’s legal and political landscape. Derived from the Arabic verb waqafa (to stop or hold), a waqf essentially ‘locks’ assets, rendering them unsellable and uninheritable—a cunning way to safeguard estates from the strict divisions of Quranic inheritance laws. Families were not only preserving their wealth but doing so under the respectable guise of serving mosques or financing religious events like Milad and Muharram. Quite the sophisticated tool for maintaining social prestige, don’t you think?

 

In India, waqf is no small player; it is, in fact, the third-largest landholder, according to the Sachar Committee report. But hold your applause—waqf has yet to establish major charitable institutions like hospitals or colleges on par with its land holdings. With so much land under its belt, the question remains: why hasn’t waqf become a driving force for public welfare? The lack of transparency and visible contributions continues to be a thorny issue, fueling debates on its relevance in modern India.

 

Historically, waqf has had its share of controversy. The Quran does not mention it, so its justification comes from the Hadiths. Even then, not everyone was on board with the idea. The influential Islamic jurist, Imam Abu Hanifa, for one, wasn’t too thrilled. He argued that waqf conflicted with the Quran’s principles of equitable inheritance. But that didn’t stop the powerful Muslim elites from using waqf to evade state control and Islamic inheritance laws. By declaring their estates as waqf, they effectively shielded them from being divided among heirs—a brilliant move if you were looking to keep your wealth intact and your family in power. And let’s face it, who doesn’t like a bit of inviolable property?

 

In India, waqf history has seen its ups and downs, particularly during the British colonial era. After a court ruling threatened the legitimacy of certain waqf types, Muslim leaders lobbied hard, resulting in the Mussalman Waqf Validating Act of 1913. But even with legal backing, waqf properties today are riddled with issues—mismanagement, corruption, and legal disputes are rampant, which brings us to the Waqf (Amendment) Bill 2024.

 

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Ah, the bill—both a reform and a lightning rod for criticism. It aims to fix the longstanding problems within the waqf system by improving transparency and government oversight. But not everyone is thrilled. The All-India Muslim Personal Law Board (AIMPLB) labeled it “strange,” while Islamic scholar Zakir Naik (yes, that Zakir Naik) warned of disastrous consequences, especially the provision that distinguishes between practising and non-practising Muslims. Even the inclusion of non-Muslims in waqf councils has ruffled a few feathers.

 

Supporters of the bill, however, emphasize the need for such reforms. Muslim organizations like the All-India Sajjadanashin Council (AISSC) and the Muslim Rashtriya Manch argue that changes to the current waqf laws are long overdue. Still, there are contentious clauses, such as granting district collectors the authority to determine whether a property belongs to waqf or the government, and the deletion of the “waqf by user” provision. A separate Waqf board for the Sufishah Malang community has also been proposed—because let’s not forget, even the fakirs want a say in property matters.

 

 

To fully understand the ongoing debate, it’s crucial to consider the socio-political landscape surrounding waqf in India. The waqf properties, though established for public welfare and religious purposes, are often located in prime real estate areas. This has led to speculation about the vested interests of various political and economic actors who see an opportunity to exploit these lands. As urbanization continues to expand, the value of waqf properties skyrockets, and without proper oversight, these assets become vulnerable to illegal encroachment and misuse.

 

Mismanagement isn’t just a modern-day problem. The British colonial government, recognizing the vast potential of waqf land, established rules to regulate its use. However, even then, the system was riddled with corruption and inefficiencies. Fast forward to today, and you’ll see similar issues plaguing the waqf boards. The lack of a centralized management structure leaves ample room for local boards to engage in corrupt practices. This is where the Waqf (Amendment) Bill 2024 could bring about much-needed reform, aiming to introduce more stringent checks and balances while also addressing the loopholes that have long allowed waqf properties to be misappropriated.

 

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Yet, the bill faces a critical challenge: the distrust among some sections of the Muslim community, who view these amendments as an infringement on their religious autonomy. Critics argue that the inclusion of non-Muslims on waqf boards dilutes the religious sanctity of the institution, while others see it as a necessary step toward making waqf more accountable to the wider public. The debate highlights a broader tension within India’s Muslim community—how to modernize Islamic institutions while preserving their religious integrity.

 

Perhaps one of the most underappreciated aspects of the waqf system is its potential to address some of India’s pressing socio-economic challenges, particularly within the Muslim community. With proper management, waqf could provide funding for educational institutions, healthcare facilities, and poverty alleviation programs. If the reforms succeed in improving transparency and reducing corruption, the waqf could emerge as a powerful tool for social welfare, benefiting not just Muslims, but all communities in India.

 

The question that remains is whether the waqf system will rise to meet these challenges or remain mired in controversy and inefficiency. As the debate over the Waqf (Amendment) Bill 2024 unfolds, it’s clear that the stakes are high—not just for the future of waqf, but for the broader relationship between religion, politics, and public welfare in India.

 

At the end of the day, waqf remains a powerful institution, but one that’s increasingly under scrutiny. The bill, in all its complexity, reflects the larger debates about the role of waqf in India today. Is it a charitable pillar of society or a relic of the past, protecting wealth rather than distributing it? The jury is still out.

The columnist is a Fellow of the Foundation for Indian Historical and Cultural Research (FIHCR)