Muslim leaders and political parties call the legislation a threat to Shariah and community rights
Mohammad bin Ismail | Clarion India
NEW DELHI – The newly enacted Waqf legislation, known as the Unified Waqf Management Empowerment Efficiency and Development Act, has stirred unease and strong opposition among Muslim groups, religious scholars, and several political leaders across the country.
The Dravida Munnetra Kazhagam (DMK), AIMIM chief Asaduddin Owaisi, Congress MP Mohammad Javed, and Aam Aadmi Party (AAP) MLA Amanatullah Khan, and several others have already filed petitions in the Supreme Court, questioning the constitutional validity of the amended law. Critics argue that the legislation amounts to direct interference in religious matters and undermines the principles of Shariah (Islamic law).
Among those who have challenged the new law in the Supreme Court include Jamiat Ulema-i-Hind, the All India Muslim Personal Law Board.
Speaking on the matter, AIMIM chief Owaisi said, “This law is nothing short of an attack on Muslim religious autonomy. It tampers with Islamic principles and the rights of waqf donors.”
The term ‘Waqf’ in Arabic means preservation. In Islamic tradition, it refers to property donated or reserved for religious or charitable purposes, benefiting the community — typically for educational, religious, or welfare needs. Over the years, waqf properties have played a vital role in supporting institutions such as mosques, madrasas, orphanages, and graveyards.
The Waqf Act of 1995 gave wide-ranging powers to state Waqf Boards, including the ability to survey, identify and claim properties as waqf, even if in dispute. However, the 2025 amendment has brought significant structural changes that critics say dilute Muslim control over waqf matters.
Under the new Act:
• The power to declare waqf can no longer be done by user practice; it can only be declared through formal endowment.
• The donor must be a Muslim, and should have owned the property for at least five years, and waqf properties cannot be used to deny inheritance rights to female heirs.
• Government properties previously claimed as waqf are now explicitly excluded from being considered waqf.
• Collectors, not Waqf Boards, will now conduct surveys and determine property ownership.
• The Waqf Board’s authority to investigate and determine waqf properties has been removed.
This transfer of power from the Waqf Board to administrative officers is a key source of friction.
“This is a move to bring religious properties under government control. The role of the collector in deciding waqf disputes is alarming,” said Congress MP Mohammad Javed.
One of the most contentious changes lies in the composition of the Central Waqf Council and State Waqf Boards.
While earlier all members had to be Muslims — including at least two women — the new law allows for two non-Muslim members on the council. The same applies to state boards, where non-Muslims can now be nominated, and representation from various Muslim sects such as Shia, Sunni, Bohra, and Agha Khani is also mandatory if such waqf properties exist in the state.
“Why should non-Muslims be part of a body dealing exclusively with Islamic endowments?” asked Amanatullah Khan, AAP MLA and former chairman of the Delhi Waqf Board. “This is clearly designed to dilute Muslim decision-making in their own religious affairs.”
Under the previous Act, waqf disputes were handled by tribunals comprising a judge, an ADM-level officer, and a Muslim jurist. The amendment replaces the Muslim jurist with a sitting or former district judge and a Joint Secretary-level officer. This change is being seen as eroding the Islamic perspective in adjudication.
Earlier, the tribunal’s decision was considered final. The 2025 Act now permits appeals to the high court within 90 days, which critics say opens the floodgates to prolonged litigation and state intervention.
The new law grants the Central Government authority to frame rules related to waqf registration, auditing, and governance. It even allows the Comptroller and Auditor General (CAG) or a designated officer to audit waqf accounts, a power that previously rested with state governments.
“This is centralisation of religious administration,” said a senior leader from the DMK, “and it undermines federalism as well as religious independence.”
While the 1995 Act allowed separate boards for Shia and Sunni communities only if Shia waqf properties exceeded 15% of the total, the new law allows the creation of additional boards for other Muslim sub-sects like the Bohras. While this has been welcomed by some for improving inclusivity, others see it as an attempt to fragment Muslim unity.
The central government maintains that the Waqf Amendment Bill 2025 is aimed at streamlining waqf administration, improving transparency, and ensuring fair representation. However, critics argue it is a systematic attempt to weaken the institutional structure of Waqf Boards and impose bureaucratic control over a religious institution.
Asaduddin Owaisi warned, “This law may open the doors for further interference in Muslim religious matters under the guise of reform. We will resist it both legally and democratically.”
With multiple petitions before the Supreme Court, the next few months will be crucial in determining whether this controversial law will stand the test of judicial scrutiny — or be sent back for reconsideration.
