Survey reveals what Indians think of Modi govt's Waqf Amendment Bill

Nearly 93% of the respondents want the Waqf Act to be amended so that the process for resolving property disputes goes through the district courts, high courts and the Supreme Court instead of the Waqf tribunal.

Only 8% of respondents opposed the bill aimed at increasing transparency in the operations of the Waqf board, the survey said.

The Bill was introduced by the government in the Lok Sabha on August 8 and referred to a joint committee of Parliament after a heated debate.

The government had asserted that the proposed law did not intend to interfere with the functioning of mosques. The opposition accused the government of targeting the Muslims, describing it as an attack on the Constitution.

The JPC on the Waqf Amendment Bill is expected to meet from September 18 to 20.

'Direct threat to Waqf properties'

On Thursday, a consultative meeting convened by the Jamiat Ulema-e-Hind in New Delhi unanimously dubbed the Bill as "unconstitutional" and asserted that the proposed legislation is a "direct threat" to Waqf properties.

The participants in the meeting agreed to form alliances with like-minded political parties, including BJP allies JDU and TDP, to amplify their opposition to the Bill.

Jamiat Ulema-e-Hind president Maulana Mahmood Madani expressed grave concerns over the "deliberate spread of misinformation and communal hatred" aimed at Waqf properties.

He highlighted the urgent need for unified efforts across political, social and legal fronts to safeguard these properties.

The participants unanimously called the Waqf (Amendment) Bill "unconstitutional" and rejected it in its entirety, the Jamiat statement said.

What does the Waqf (Amendment) Bill propose?

The Bill seeks to amend the law governing Waqf boards across the country and has sought representation of Muslim women and non-Muslims in such bodies.

One major change is the introduction of the District Collector as an arbiter to determine whether a property is a Waqf asset or government land. The bill proposes substituting the term "Waqf" with "Unified Waqf Management, Empowerment, Efficiency and Development" and allows the Collector to investigate and report on property status, potentially altering previous decisions made by the Waqf Tribunal.

Additionally, the bill seeks to do away with the concept of "waqf by use," which previously allowed properties to be considered a Waqf based on usage alone, requiring now a formal Waqf deed for registration.

Further amendments include eliminating the mandate that the CEO of a Waqf Board must be from the Muslim community and introducing stricter audit and reporting requirements. The bill also emphasizes digital record-keeping and proposes greater representation of women on Waqf Boards, aiming to improve transparency and inclusivity in the management of Waqf properties.

Other key changes proposed by the Centre:

• The Central Waqf Council and state Waqf Boards must have two women on the board.

• The term Waqf will be clearly defined by a person practicing Islam for at least five years and having ownership of such property.

• The draft bill also details the process for mutation, in accordance with revenue laws, before recording any property as Waqf property. Women's inheritances must be protected and ensured.

• The registration of Waqf property must be through a central portal and database.

• The Bill proposes to decrease the annual contribution from seven percent to five percent payable to the Board by “mutawalli” of every Waqf having a net annual income of not less than Rs 5,000.

• The tribunal structure may be restructured with two members apart from providing for appeals against the orders of the tribunal to the high court within a specified period of 90 days.

• Only practicing Muslims will be allowed to donate their property to the Waqf Council or Board. Also, only the legal owner can take this decision.

• Money received by the Waqf Board must be used for the welfare of widows, divorcees, and orphans. These measures will have to be carried out in the manner suggested by the government.

What is Waqf?

Waqf refers to the properties dedicated exclusively to religious or charitable purposes under Islamic law. Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of Rs 1.2 lakh crore. It makes them the third largest landowner in India after the armed forces and the Indian Railways. The 1995 Waqf Act was passed to regulate 'auqaf' (assets donated and notified as Waqf) by a 'wakif' (the person who dedicates the property). The legislation was last amended in 2013.