Friday, April 4, 2025
India passes controversial Waqf Amendment Bill in Upper and Lower houses
The controversial Waqf Amendment bill, which aims at changing the governance of properties worth billions of rupees donated by Muslims over centuries, was passed by India's parliament after hours of serious debate. Trending: Forbes list 15 Saudi billionaires
Following the lower house's (Lok Sabha) approval of the Waqf (Amendment) Bill, 2024, which had been met with strong criticism, the upper chamber (Rajya Sabha) eventually passed the bill early on Friday.
Opposition parties and Muslim leaders have called the bill "unconstitutional" since it violates the rights of Muslims in India.
Waqf are Muslim-owned properties, and the government claims this bill is an effort to increase transparency in their management.
In order for the measure to become law, it must now be transmitted to the president of India for her approval. This green light should be coming shortly. Recommend: Major real estate reforms in Saudi Arabia
A "watershed moment" was the phrase used by Prime Minister Narendra Modi to describe the bill's adoption. The system of regulating Muslim properties, known as waqf, has been "synonymous with a lack of transparency and accountability" for decades, he said in an X post.
"The legislation passed by parliament will boost transparency and also safeguard people's rights," according to the Indian Prime Minister. Amit Shah, Modi's trusted advisor and home minister, has stated that the amendments will aid in "catching the people who lease out properties" for personal benefit, "That money, which could be used to aid the development of minorities, is being stolen."
According to the All India Muslim Personal Law Board, Home Minister Shah's remarks go against the principles of Islamic endowments, which state that only Muslims should have authority over such organizations. In a statement, the board referred to the bill as "a blatant infringement on the constitutional rights of Muslim citizens" and urged them to speak out against it.
The ruling Bharatiya Janata Party (BJP) has been accused by the opposition of using the bill as a tool to weaken minority rights, and they have been vocal in their rejection of the bill.
However, Subhashini Ali, a leader of the Communist Party of India (Marxist), claimed that the government was trying to divide votes in Bihar, a crucial state in northern India that the BJP has not yet taken direct control of, by passing the bill. See Also: Madina police responds to viral video of woman attacking a security guard
According to Congress leader Mallikarjun Kharge, 232 lawmakers were against the measure, even though 288 voted in favor of it in the lower house. "From this, we can guess that despite opposition from various parties, this bill was brought unjustly," he wrote on the X platform.
With the new revisions to the Waqf bill, Muslim endowments can now include non-Muslims on their management boards, and the government can play a bigger role in verifying their land holdings. Opposition groups are concerned that they could be utilized to seize historic mosques and other sites, further undermining the rights of the country's Muslim minority.
The criteria for ownership of hundreds of mosques, shrines, and cemeteries are subject to one of the most contentious revisions to the waqf bill. The lack of official paperwork is common among these estates because their donations occurred decades, if not centuries, ago, when legal records were not maintained.
On Friday, the legal website LiveLaw reported that the measure has been challenged in the Supreme Court by MP Asaduddin Owaisi, who is a vocal opponent of the legislation and the president of the All India Majlis-e-Ittehadul Muslimeen party.
The chief minister of Tamil Nadu, M.K. Stalin, has stated that his party will also be challenging the laws at the Supreme court. The state assembly had previously approved a resolution rejecting the amendments. Join Saudi Expatriates channel on Telegram
Opposition parties in India have threatened to take a newly passed law that modifies the rules governing Muslim religious endowments all the way to the country's Supreme Court.
The term "waqf" refers to religious or charitable donations made by Muslims to benefit the Muslim community in Islamic tradition. You can't sell, transfer, or use these properties for anything else.
Mosques, madrassas, cemeteries, and orphanages all rely on them, making them important to India's 200 million Muslims.
The establishment of state-level boards to oversee the properties is required by the Waqf Act, 1995. Members of the state bar council, Islamic scholars, state nominees, Muslim lawmakers, and waqf property administrators make up these boards.
Since the beginning of time, the continuing use of numerous properties that were granted through oral statements or community norms has given them legitimacy as waqf properties.
The new law mandates that in order for a Waqf board to claim property as waqf, they must present legitimate documentation. The final decision will always belong to the government in cases of disagreement, especially those involving property that is believed to be owned by the government. Like and Follow Saudi Expatriates on Facebook
The bill suggests opening up waqf boards and tribunals to non-Muslims. In contrast to the previous system, wherein decisions made by waqf boards were considered final, the bill permits judicial participation in disputes.
All waqf properties would have to be registered within six months of the law's implementation, according to the bill's proposed central registration system.
Additionally, waqf boards require this system for the submission of requests for new waqf property registrations.
A larger role for the government in waqf property surveys is also included in the bill, according to the BBC.
According to a government poll conducted in 2013, the Muslim minority in India, which accounts for 14% of the total population of 1.4 billion people, is both the largest minority community and the poorest. Join Saudi Expatriates channel on WhatsApp
As per the annual report released last month by the US Commission on International Religious Freedom, religious freedom in India has been decreasing continuously under Modi's leadership, who have "propagated hateful rhetoric and disinformation against Muslims and other religious minorities." There is no discrimination in India, according to Modi's administration, which claims the country is administered democratically on the principles of equality.
India passes controversial Waqf Amendment Bill in Upper and Lower houses
