Waqf Act a threat to religious properties, existence: Muslim community

As the Waqf (Amendment) Bill 2024 has received Joint Parliamentary Committee (JPC) clearance, with only the BJP-NDA proposed amendments approved and those from the Opposition parties and the Muslim side rejected without any deliberation, the Muslim community at large has expressed concerns over the implications of the act, fearing that it could result in the loss of many religious properties once it is enacted.

The proposed amendments seek to address challenges related to the regulation and management of Waqf properties across the country.

One of the key changes outlined in the bill is the removal of the concept of "Waqf by User," which allowed properties to be designated as Waqf based purely on religious purposes. As the JPC cleared the bill, many critics, particularly from Muslim communities, have expressed concerns, citing the potential for greater government control over religious properties.

They argue that this move could further marginalise the Muslim community and exacerbate existing tensions, especially given the rising communal atmosphere in the country.

The bill has drawn sharp criticism from various quarters, with some political leaders and community members suggesting that it reflects a broader agenda to undermine Muslim institutions.

In Jammu and Kashmir, several political parties, including the People’s Democratic Party (PDP) and the Democratic Progressive Azad Party (DPAP), have voiced concerns about the bill’s potential impact. There is a growing sense of insecurity among Muslims, with fears that their religious properties may be subjected to increased government interference, further eroding their autonomy.

Religious figures, such as Mirwaiz Umar Farooq, the head cleric of Jammu and Kashmir, have condemned the amendments, arguing that they would disempower Muslims and violate their fundamental rights. The amendments are viewed by many as an attempt to disempower Muslim communities, and the proposed changes are seen as a threat to the autonomy of religious institutions.

In regions like Uttar Pradesh, where communal tensions have already led to violent confrontations, the amendments have raised alarm about the potential for increased targeting of Islamic properties.

The violence that erupted during a court-ordered survey of the Shahi Jama Masjid in Sambhal in November 2024 has underscored the community’s fears that the BJP-led government could exploit the bill to further its political agenda. Critics argue that the amendments pave the way for the government to legally encroach on Waqf properties, potentially undermining the legal rights of Muslims.

The bill has also sparked concern among Muslim leaders in Gujarat, who fear that the amendments could lead to the erosion of their community's rights over religious properties.

Advocates for the Muslim community have warned that the changes could effectively make Muslims “second-class citizens” by imposing bureaucratic hurdles that would make it difficult for them to prove ownership of properties that have been in their families for generations.