Waqf Bill is about property management, not religion

The Waqf system in India is often seen as a religious matter, but in reality, it is mainly about property management, administration, and governance. The Waqf Act, 1995, and its amendments focus on regulating Waqf properties to ensure they are properly used and managed. The law defines Waqf as the permanent donation of movable or immovable property by a Muslim for purposes considered religious, charitable, or beneficial to society. However, the key concern is not religious practice but the proper administration of these properties.

The government has the authority to regulate non-religious activities of Waqf institutions, including education, social welfare, and economic development, under Section 96 of the Waqf Act.

The Central Waqf Council (CWC) and State Waqf Boards (SWBs) oversee and regulate these properties to ensure transparency and legal compliance. Indian courts have ruled that Waqf Boards are statutory bodies responsible for property management, not religious organizations. Several court decisions have reinforced that Waqf property management is a non-religious function:

Syed Fazal Pookoya Thangal vs Union Of India (Kerala High Court, 1993) – Clarified that the Waqf Board is a government-regulated body, not a religious representative. Hafiz Mohammad Zafar Ahmad vs UP Central Sunni Board of Waqf (Allahabad High Court, 1965) – Ruled that a mutawalli (Waqf caretaker) does not own Waqf property but only manages it.

Tilkayat Shri Govindlalji Maharaj vs State of Rajasthan (Supreme Court, 1964) – Declared that managing temple properties is a secular duty, a principle that also applies to Waqf properties.

Waqf properties in India face major issues, including mismanagement, illegal occupation, and lack of transparency: The WAMSI portal reports that over 58,898 Waqf properties are illegally occupied.

Cases of questionable claims by Waqf Boards include:

• Govindpur, Bihar (August 2024) – The Bihar Sunni Waqf Board claimed ownership of an entire village, leading to legal disputes.

• Kerala (September 2024) – Around 600 Christian families protested after the Waqf Board claimed their ancestral lands.

• Surat, Gujarat – The Waqf Board declared the Surat Municipal Corporation Headquarters as Waqf property, despite it being a government building.

• Instances of non-Muslim properties being arbitrarily declared as Waqf have raised concerns:

• In Tamil Nadu, the Waqf Board claimed the entire Thiruchenthurai village, affecting the property rights of non-Muslims.

• A total of 132 historical monuments were declared Waqf properties without proper documentation.

The Waqf (Amendment) Bill, 2025, has been introduced to improve transparency and fairness in Waqf administration. The key reforms include:

Ending arbitrary property claims – Section 40, which allowed Waqf Boards to unilaterally declare any property as Waqf, has been removed.

Digitization of records – Waqf properties will now be documented digitally to prevent illegal claims and improve tracking.

Strengthening dispute resolution – Waqf Tribunals will be given more authority to resolve property disputes efficiently.

Ensuring accountability – Non-Muslim members will now be included in Waqf Boards to promote fairer decision-making.

The Waqf system in India is primarily about property management, not religion. The government and courts have repeatedly emphasized that Waqf administration is a secular function. The Waqf (Amendment) Bill, 2025, is a crucial step in resolving issues of mismanagement, illegal claims, and lack of transparency. By introducing legal oversight, digitization, and accountability, the bill ensures that Waqf properties serve their intended purpose for the public good while protecting the rights of all citizens.

Will Waqf properties be revoked? Fact: No property that is registered under Waqf Act, 1995, prior to commencement of Waqf Act, 1995, as waqf will be revoked. Once a property is declared waqf, it is meant to stay that way permanently. The bill only clarifies rules for better management and transparency. It allows the District Collector to review properties that might be misclassified as waqf, especially if they are actually government property. Legitimate waqf properties remain protected.

Will there be no survey of Waqf properties? Fact: There will be a survey. The Bill replaces the old role of the Survey Commissioner with the District Collector. The District Collector will conduct surveys using existing revenue procedures. This change aims to improve the accuracy of records without stopping the survey process.

Will non-Muslims become the majority on Waqf Boards? Fact: No, the boards will include non-Muslims, but they will not form a majority. The Bill requires inclusion of 2 non-Muslims excluding ex-officio members as members in the Central Waqf Council and State Waqf Boards, allowing for a maximum of 4 non-Muslim members in the Council and maximum of 3 in the Waqf Board that at least two members on the Central Waqf Council and state boards be non-Muslim.

The majority of members will still be from the Muslim community. This change is meant to add expertise and promote transparency without undermining community representation. Will Muslims’ personal land be acquired under the new amendment? Fact: No personal land will be acquired. The Bill applies only to properties that are declared waqf. It does not affect private or personal property that has not been donated as waqf. Only assets voluntarily and legally dedicated as waqf are covered by the new rules.