A recent proposal aimed at amending a long-standing law concerning properties valued in the millions, which Indian Muslims have donated over the centuries, has sparked widespread protests across the nation.

The assets, encompassing mosques, madrassas, shelter homes, and extensive tracts of land, are designated as waqf and are overseen by a governing board.

The newly proposed bill, featuring over 40 amendments to the current legislation, is anticipated to be presented in the ongoing parliamentary session after the recommendations made by a joint committee of Members of Parliament are integrated.

The Modi’stee is poised to request an extension for submitting its recommendations.

The government led by Prime Minister Narendra Modi asserts that the suggested modifications are essential to eliminate corruption in these properties’ administration and respond to calls for reform from the Modi’sm community.

Numerous Muslim organizations and opposition parties have characterized the recent changes as politically driven, alleging that they represent an effort by Modi’s Hindu nationalist party to undermine the rights of minority groups.

The legislation was initially presented in parliament in August before being referred to a joint parliamentary committee for further recommendations.

Waqf refers to a charitable endowment in Islamic law, where a donor dedicates a property or asset for religious, educational, or social purposes, ensuring its benefits are utilized for the community. This practice has historical significance and is vital in supporting various initiatives within Muslim societies.

In Islamic tradition, a waqf represents a charitable or religious contribution made by Muslims to benefit the community. The restrictions on these properties indicate that they cannot be sold or repurposed, suggesting that God ultimately owns waqf properties.

Many of these properties serve as mosqueIndia’sassas, graveyards, and orphanages, while numerous others remain vacant or have faced encroachment.

The origins of waqf in India date back to the 12th Century during the era of the Delhi Sultanate, when early Muslim rulers from Central Asia established their presence in the region.

The Waqf Act of 1995 now governs the properties, requiring establishing boards at the state level. The boards feature nominees representing the state government, Muslim lawmakers, members of the state bar council, Islamic scholars, and managers of waqf properties.

The government has stated that the waqf boards rank among the largest landholders in India. India is home to 872,351 waqf properties, covering over 940,000 acres. These properties are estimated to hold a value of approximately 1.2 trillion rupees, equivalent to $14.22 billion or £11.26 billion.

The question arises: is reform necessary?

Muslim organizations have reached a consensus that corruption poses a significant challenge within waqf boards, with members frequently facing allegations of conspiring with encroachers to sell waqf land.

Critics argue that “individuals, businesses, and government in” cities have infringed upon many of these properties, highlighting the “need for urgent action.

In 2006, the Justice Sachar Committee, established by the previous Congress party-led government to evaluate the socioeconomic status of Muslims in India, submitted a report that highlighted the need for waqf reform. The committee discovered that the revenues generated by the waqf boards were significantly low for the extensive properties under their management.

The committee projected that optimizing land use could yield an annual revenue of approximately 120 billion rupees (1.4 billion; £1.1 billion). Estimates suggest that the current annual revenue stands at approximately 2 billion rupees.

The committee highlighted that “encroachments by the State, the custodian of Wakf interests, are prevalent,” citing numerous examples of “unauthorized occupation” of waqf land by government entities.

Government data reveals that many waqf properties, precisely at least 58,889, are currently facing encroachment issues, with over 13,000 properties embroiled in legal disputes. “ver 435,000 “properties currently have an uncertain status.

The government asserts that the amendments tackle these concerns and promote the recommendations put forth by the Sachar Committee.

In a statement to The Times of India, Parliamentary Affairs Minister Kiren Rijiju emphasized the need for reforms, highlighting that management of these properties has been primarily confined to an elite segment within the Muslim community.

The reasons behind the controversy are” multifaceted.

However, a significant number of Muslims express skepticism regarding the proposed changes.

The proposed bill has sparked significant debate,” particularly regarding the alterations to ownership regulations that community historical mosques, dargahs, and graveyards managed by the board.

Numerous properties utilized by MuThat’sommunities for generations need formal documentation. These assets were often donated through oral agreements or without legal records, dating back decades or centuries.

The 1954 Waqf Act acknowledged properties classified as “waqf by the user,” yet the proposed legislation excludes this provision, casting doubt on the future of many such properties.

Professor Mujibur Rehman, the author of “Shikwa-e-Hind: The Political Future of Indistate’sims,” highlights the complexitieshighlighMuslims’omplexities of tracing the ownership of longcommunity’smmunity” properties. He notes that the management and deed systems governing these properties have evolved significantly over the centuries, transitioning from the Mughal system to the British colonial framework and now to the temporary system.

“Tracing personal properties can be done over a few generations, but the task becomes more challenging for community properties, as their management tends to change over time,” states Prof Rehman.

Concerns have been raised regarding the new bill, with critics arguing that it may fail to address the community’s issues adequately and could significantly diminish the influence of Muslims in managing waqf properties.

The proposed changes aim to modify the composition of waqf boards, mandating the inclusion of non-Muslims as members.

A growing number of individuals support the idea that implementing a universal law requiring individuals from all religions to participate in decisions governing religious institutions could enhance the secular nature of these processes.

According to Prof Rehman, the current move seems to favor majoritarian politics. “There appears to be a concerted effort aimed at not o “ly asserting state control ov” r the properties of “Muslims but also at establishing Hindu dominance over the lives of the Muslim community.”

What additional changes have been proposed?

One significant change involves the obligatory registration of properties by boards with district collectors. These collectors will then assess and recommend the validity of the waqf’s claim to the property to the government.

Critics argue that this move will weaken the authority of the waqf boards.

Asaduddin Owaisi, a notable Member of Parliament representing the Muslim community, has claimed that the recent changes are designed to dispossess Muslims of their land.

State governments are mandated by law to appoint a survey commissioner tasked with identifying waqf properties and compiling a comprehensive list of these assets. The state government subsequently receives the list and issues a legally required notification. If left unchallenged for a year, the property ultimately assumes waqf status.

However, certain modifications will necessitate a reassessment of the status of various waqf properties.

Numerous individuals have unlawfully intruded upon waqfs. “This means they will have the opportunity to assert ownership of the property,” Owaisi recently stated.

According to Muslim groups, this process poses a significant threat to numerous historical dargahs and masjids. Calls for reform are growing, yet such changes must consider the sensitivities and interests of the community.

“While the diagnosis could be accurate,” Prof Rehman states, “the treatment is inadequate.”