Muslim endowments in India face heat as govt moves to amend law

Indian government’s push to amend the Wakf Act is drawing sharp criticism from the Muslim community, who see the move as a threat to their religious autonomy and property rights.

NEW DELHI, India (MNTV) — Indian parliament is set to amend the country’s Wakf Act, a move that has sparked intense backlash from the Muslim community. Many view it as an encroachment on their religious and cultural rights, while Prime Minister Narendra Modi’s Hindu nationalist government argues the amendments will ensure better transparency and regulation of Wakf properties.

The move has drawn fierce resistance from Muslim leaders, civil rights activists, and opposition parties, who see it as yet another step in the BJP’s broader campaign to marginalize India’s 200-million-strong Muslim population.

The proposed changes, according to reports from The Indian Express, threaten to escalate religious tensions in an already polarized political landscape.

What the amendment proposes?

Although the Wakf (Amendment) Bill, 2024 has not been fully passed or made public, The Indian Express reports that the bill seeks to:

• Increase central government control over Wakf Boards, limiting their autonomy.

• Allow the de-notification of Wakf properties for infrastructure and development projects.

• Remove judicial oversight, shifting dispute resolution from civil courts to administrative bodies.

• Alter the composition of Wakf Boards, allowing the appointment of non-Muslim members.
  

One of the most contentious changes is the replacement of Wakf tribunals with district collectors, a move critics argue will politicize Wakf property disputes and favor government interests.

What is wakf?

• Wakf is an Islamic charitable endowment, where land or property is permanently dedicated for religious or public welfare purposes.

• Common examples include mosques, graveyards, schools, and orphanages.

• In India, Wakf properties are managed by state Wakf Boards, under the Wakf Act, 1995, and overseen by the Central Wakf Council.

Why Muslims are opposing it

1. Threat to community autonomy

• The bill is seen as an attempt to undermine Muslim control over Wakf Boards, which have historically managed religious assets independently.

• Increased centralization may weaken local Muslim representation in Wakf affairs.
  

2. Fear of land grab

• Wakf is one of the largest landowners in India, with estimates suggesting it controls more than 600,000 properties across the country, covering over 800,000 acres of land.

• Critics fear the amendment will make it easier for the government to acquire Wakf properties under the guise of public infrastructure or industrial development.

• Historical examples of land acquisitions in Gujarat, Delhi, and Maharashtra are cited as precedents.
  

3. Lack of transparency

• The government did not widely consult Muslim stakeholders before drafting the bill.

• Critics argue there is a lack of accountability and dialogue about the true intent of the amendments.
  

4. Religious and legal concerns

• Wakf is a sacred Islamic institution, and government interference is seen as violating religious freedoms under Articles 25 and 26 of the Indian Constitution.

• The bill may also violate Article 30, which grants minority communities the right to manage their own religious and charitable institutions.
  

5. Exclusion of civil courts

• By shifting dispute resolution to executive bodies, the bill could strip Muslim communities of legal recourse to protect Wakf properties from encroachment or illegal transfer.

• The Indian Express notes that replacing Wakf tribunals with government-appointed district collectors will likely lead to biased rulings favoring the state.
  

As opposition mounts, critics warn that the amendment could have lasting consequences for religious freedoms and property rights in India. The debate over Wakf governance is now emerging as a significant test of the government’s commitment to minority rights in the world’s largest democracy.