India's parliament passes controversial Waqf Amendment Bill

India’s parliament has passed the Waqf Amendment Bill, 2024, which aims to reform the governance of properties valued at billions of dollars that have been donated by Muslims over centuries.

The upper house approved the bill early Friday, following its passage in the lower house the previous day, despite strong criticism from opposition parties.

Muslim leaders and opposition members have labeled the bill as "unconstitutional," arguing that it infringes upon the rights of India’s Muslim minority community. However, the government maintains that the legislation is designed to enhance transparency in the management of waqf properties, which are charitable donations intended for community benefit.

Once signed by India’s president, the bill will become law, with approval expected soon. Indian Prime Minister Narendra Modi heralded the passing of the bill as a "watershed moment" for the waqf system, which he described as having been "synonymous with a lack of transparency and accountability" for decades.

In a post on X, he stated, "The legislation passed by parliament will boost transparency and also safeguard people's rights."

संसद के दोनों सदनों से वक्फ (संशोधन) विधेयक और मुसलमान वक्फ (निरसन) विधेयक का पारित होना देश के लिए एक ऐतिहासिक क्षण है। यह सामाजिक-आर्थिक न्याय, पारदर्शिता और समावेशी विकास की हमारी सामूहिक प्रतिबद्धता को सामने लाता है। यह विशेष रूप से उन लोगों के लिए फायदेमंद होगा, जो लंबे समय…

— Narendra Modi (@narendramodi) April 4, 2025

Despite the government’s assertions, opposition voices have been vocal in their disapproval, suggesting that the ruling Bharatiya Janata Party (BJP) is attempting to undermine minority rights. Congress leader Mallikarjun Kharge pointed out that while 288 members supported the bill in the lower house, a significant 232 opposed it.

He remarked on X, "From this, we can guess that despite opposition from various parties, this bill was brought arbitrarily."

In Islamic tradition, a waqf refers to a charitable or religious donation made for community benefit, and such properties are vital to India’s 200 million Muslims, serving purposes such as mosques, madrassas, graveyards, and orphanages. These properties are currently managed under the Waqf Act of 1995, which established state-level boards comprising state government nominees, Muslim lawmakers, members of the state bar council, Islamic scholars, and managers of waqf properties.

Last August, the BJP introduced amendments to the Waqf Act, claiming that the proposed changes would modernize the administration of waqf properties and close legal loopholes. However, critics argue that these amendments would grant the government greater control over the properties. The bill was reviewed by a panel, which cleared it with some modifications in February.

Key changes in the new bill that have sparked controversy include:

1. Property determination: The new bill alters the criteria for identifying waqf properties. Historically, many properties were recognized as waqf through oral declarations or community customs, based on their ongoing use by the Muslim community. Under the new provisions, waqf boards must provide valid documentation to substantiate their claims. In cases of disputes, particularly involving land claimed by the government, the final decision will rest with the government.
2. Board composition: The bill permits the appointment of non-Muslims to waqf boards and tribunals, a significant departure from previous regulations.
3. Judicial intervention: It introduces judicial involvement in waqf property disputes, replacing the prior system where waqf tribunal decisions were considered final.
4. Centralized registration: The bill mandates a centralized registration system for waqf properties, requiring all such properties to be registered within six months of the law’s enactment. Requests for new waqf property registrations must also be submitted through this system.
5. Increased government oversight: Provisions within the bill expand the government’s role in surveying waqf properties.