Indian Parliament’s Lok Sabha – the lower house has passed the controversial Waqf Amendment Bill 2025. It was then passed by the Rajya Sabha – the upper house by 128 votes and became law.
What is Waqf: A Waqf is a permanent Islamic charitable endowment, land, buildings, or funds, dedicated to religious or community welfare (e.g, mosques, schools, cemeteries). Once declared, it can’t be sold or inherited. Unlike Hindu or Christian trusts, Waqfs are perpetual and cannot be sold, inherited, or repurposed. The income or use of the asset must serve charitable causes (e.g, mosques, schools, hospitals, orphanages).
What is the Waqf Bill: According to the Indian government, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024 have been introduced to “streamline the Waqf Board” and “efficient management of Waqf properties.”
Throwback: The government claims that the Mussalman Wakf Act, of 1923, is a colonial-era legislation, which needs to be abolished. The act was then introduced to address widespread mismanagement, misappropriation, and disputes over Muslim charitable endowments and to ensure legal oversight to protect these assets from abuse or encroachment during British colonial rule. It is similar to what the current dispensation is claiming that the amendments are about.
While the Waqf act in 1995 was an update to the 1954 legislation. It modernised the Waqf governance by establishing the Central Waqf Council and State Waqf Boards with statutory powers to manage properties, conduct surveys, and reclaim encroached lands. It also emphasised transparency and public accountability, requiring Boards to include Muslim representatives, unlike the colonial-era law.
The crucial terms: The bill wants to abolish, “waqf by user,” which means the properties become Waqf through centuries of religious use, even without formal deeds. Previously, 1995 Act gave some protection to undocumented but historically recognised Waqfs as valid, shielding them from land grabs. If a property is listed as Waqf in a state survey, the legal presumption favours its Waqf status unless proven otherwise. This protects older properties with no paperwork.
Why has it become contentious: Waqfs in India manage over 872,000 properties and hold third most land (900,000 acres) in India after Defence and Railways, worth an estimated $14.22 billion. The BJP alleges corruption in Waqf Boards and seeks audits and digitisation of records. While at the same time arguing Hindu/Christian/Muslim trusts should follow similar rules, calling the 1995 Act “minority appeasement.”
It also states that Waqf properties should serve national interests in terms of infrastructure and housing.
But the opposition states a different reality. It accuses the BJP of seeking to dilute minority institutions. For example, proposing to add Hindus to Waqf Boards for ‘transparency’, a rule not applied to Hindu temple trusts.
“Modi government wants to control the Islamic land bank and they have no right to undermine our institutions,” Kamal Farooqui, an official of the All India Muslim Personal Law Board told Reuters.
Zoom out: Some Waqf properties are entangled in historical or communal disputes (e.g., claims by Hindu groups over sites like the Gyanvapi complex in Varanasi). The BJP argues for “reclaiming” such lands for “public interest” or “historical justice.”
Zoom in: While reforming flawed governance in Waqf Boards is valid according to critics, they stress that singling out Muslim institutions (without similar scrutiny of Hindu trusts) raises fairness concerns. The Waqf Act exists due to Islamic traditions of charitable endowments, which differ from Hindu practices. Imposing “uniformity” risks ignoring these distinctions.
The asymmetry: The BJP demands “secular” oversight for Waqfs but opposes it for Hindu institutions. Critics call this majoritarianism: “It’s about controlling Muslim spaces, not parity,” says legal scholar Faizan Mustafa.
The court system: If Waqf Tribunals (which handle disputes swiftly under the 1995 Act) are replaced with general courts, people may face delays or bias in resolving conflicts over properties.
The catch today: If the Waqf Act is amended to require stricter documentation (as BJP critics fear), centuries-old Waqfs relying on customary usage could lose legal protection, opening doors to disputes, land grabs, or state appropriation.
What’s in it for Kashmir: The J&K Waqf Board is a rare Muslim-controlled institution post abrogation of Article 370 in the union territory. It controls 3,300+ properties, including iconic shrines like Hazratbal (housing a relic of Prophet Muhammad) and charities serving 12 million people. The newly instituted boards could have direct outsider control, and may not necessarily adhere to local sensitivities.
Shrines under threat: 60% of Kashmir’s Waqfs lack deeds but are protected as “Waqf by user.” Several Kashmiri shrines, mosques, ancestral graveyards and Eidgahs among other endowments were granted as Waqf.
For example: The 500-year-old Kashmir shrine of Sheikh Nooruddin Noorani or the Jama Masjid or the Eidgah or Malkhah, Sufi Shrines are several centuries-old endowments which may not have documents from several centuries ago.
Livelihoods: 2021 report by the Centre for Policy Studies, Srinagar, estimated 20,000 families depend directly or indirectly on Waqf assets for income. This includes farmers using Waqf-owned agricultural land. Shopkeepers near shrines/mosques (e.g., Hazratbal, Charar-e-Sharif). Employees in Waqf-run schools and orphanages.
Who is saying what:
Amit Shah (BJP): “This bill ensures transparency and ends corruption in Waqf Boards. National interest demands we utilize these properties for housing and infrastructure.”
Rahul Gandhi (Congress): “This isn’t reform—it’s majoritarianism. Targeting only Muslim endowments exposes BJP’s divisive agenda.”
Asaduddin Owaisi (AIMIM): “The Waqf Bill is another assault on Muslim rights. BJP wants to seize our institutions while Hindu temples remain untouched.”
Faizan Mustafa (Legal Scholar): “Abolishing ‘Waqf by user’ violates Islamic law. Imposing uniformity ignores constitutional protections for minorities.”
Mirwaiz Dr Umar Farooq (Kashmiri Chief Cleric): “After Article 370, Waqf is our last shield. Delhi’s control over shrines is cultural aggression against Kashmiris.”
Omar Abdullah (Chief Minister of Jammu & Kashmir): “New Delhi’s obsession with Kashmir’s Waqfs is about erasing our identity. First our flag, now our faith.”
Mehbooba Mufti (PDP): “Waqf Board safeguards our heritage. BJP’s bill is a land grab disguised as governance reform.”
