After hours of debate, India Parliament finally passed the Waqf Bill 2025
with approval from both Lok Sabha and Rajya Sabha, symbolising an end of
injustice and corruption and providing justice for crores of people across
India. According to Home Minister Amit Shah this Bill serves as an end-all
resolution.
As soon as it receives the President's signature, this legislation will become
law and Prime Minister Narendra Modi described its passage as an historic
moment.
He noted on social media platform X that for decades the Waqf system (the system
for managing Muslim properties owned by waqfs or trusts) had been synonymous
with lack of transparency and accountability, and how Parliament's legislation
will increase transparency while simultaneously safeguarding people's rights.
Muslim leaders and opposition parties criticized the bill as unconstitutional,
contending it violates minority rights of India's Muslim population.
Government representatives see the bill as a means to more openly manage waqf
(Muslim properties), while critics allege it's another attempt by BJP-ruled
states to undermine minorities' rights.
The Congress Party, having opposed the Waqf (Amendment) Bill in Parliament, is
planning to challenge it before the Supreme Court as soon as possible. According
to Jairam Ramesh's statement on X, they intend to challenge "its
constitutionality soon in court".
Waqf property and changes proposed by the government According to Islamic
tradition
- Waqf refers to charitable or religious donations made by Muslims for the good of their community. Properties donated under waqf cannot be sold or used for other purposes than charity/religion.
- These properties may be used for mosques, madrassas, graveyards or orphanages and are managed according to the Waqf Act 1995 by a state board level board.
- These boards include representatives of the state government, members of the bar council, Muslim lawmakers, Islamic scholars, and managers of waqf properties.
- The Waqf Act Bill was proposed by the Central Govt in August and then forwarded to a panel for review and suggestions; that panel then approved some amendments in February this year and finalised it with some adjustments. At issue is whether key provisions introduced into this new Bill have caused opposition.
- One major objection to the proposed changes in this new bill regards how waqf property shall be determined.
- In the past, there were many instances of properties donated through oral declarations or community customs and then legally recognised as waqf properties because they continued to be utilized by Muslim communities.
- As per the changes introduced in the new bill, Waqf boards must present valid documents in order to claim certain properties as waqf. If any dispute arises - particularly regarding government-owned land - then final decisions on such claims would be decided upon by the government itself.
A second contentious issue concerns a proposal that non-Muslims be appointed to
Waqf boards and tribunals as members.
Instead of the previous provision where any complaints would be dealt with by
the Waqf Board and any decisions were final, this new bill proposes that
disputes could also be taken to court for resolution.
Incorporating a centralised registration system that will register all waqf
properties under the Waqf Act within six months after implementation of any
changes has also been included in this Bill.
Registering any additional properties within a Waqf shall also use this system,
while overall according to this amendment the government shall play a greater
role in overseeing waqf properties.
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