Waqf Act 2024: Muslim Land Rights & Heritage At Risk In India

Waqf Act 2024: Muslim Land Rights & Heritage at Risk in India

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1 Waqf Act 2024: Muslim Land Rights & Heritage at Risk in India

Let me start with a question that’s been keeping me up at night: What happens when a centuries-old system designed to uplift communities is hijacked by politics and greed? As a Muslim who grew up seeing the quiet dignity of Waqf—mosques, cemeteries, and schools sustained by these endowments—the recent push to “reform” India’s Waqf laws feels less like progress and more like a betrayal. Let me explain why.

Waqf Act 2024

What is Waqf

Social service and community service have an excellent arrangement that exists not just in our country India, but the Waqf system has been in place since the time of the beloved Prophet Muhammad (peace be upon him) until now. Dedicating land or property as Waqf for Allah’s pleasure – once something is given for Allah’s pleasure, meaning within one-third of your inheritance, you have the right to dedicate your wealth, land, or property as Waqf.

When people dedicate land as Waqf for cemeteries, mosques, madrasas, for specific purposes, or for their own children (called Waqf-al-Awlad), they state the intention of the Waqf (Mansha-e-Waqf) – that is, the purpose for which it was created. Once something is dedicated as Waqf, it becomes Allah’s property, and those appointed as caretakers or trustees (mutawalli) have rights, powers, and authority that are fully defined in Sharia.

Managing and maintaining Waqf properties has complete Shariah guidelines. Just as my dear sisters understand, like when a child needs nursing – if separation occurs between husband and wife, and the mother nurses the child, how much expense should be provided to the mother – all these detailed matters about child nourishment are beautifully balanced so that neither man nor woman faces injustice. The father fulfills his responsibility without being unfair to the mother. Complete definitions, explanations, guidelines, principles, and directives are defined in Islam.

Similarly, you see that Waqf management and all related matters are defined and explained. I want to tell you all that the management and administration of Waqf properties are fully described, and Muslims have been using Waqf according to these guidelines for thousands of years.

Waqf exists in India, Turkey, Lebanon, Saudi Arabia – everywhere Muslims live, there are Waqf properties with complete systems and mechanisms for their care. Many lands and properties were donated by different governments – sometimes Muslim governments, sometimes non-Muslim governments, kings and maharajas. Governments, both Muslim and non-Muslim, allocated lands and properties to Muslims.

On these properties, Muslims pray in large mosques, there are large cemeteries, schools, colleges, madrasas, and even some professional colleges. Each Waqf has some purpose, and the Waqf is used according to that purpose. In many places, Waqf properties were being used for their intended purpose – even the path leading to the mosque was used for the mosque, the compound, the entire courtyard or field outside was used for the mosque.

All this dedicated as Waqf was used for Waqf purposes. Waqf by usage is also considered Waqf because for 200-400 years, people have been using that land, that path for the mosque or for Eidgah, so this too was considered Waqf.

Before our country gained independence, during British rule, many Waqf properties were seized and taken over. Such encroachments meant a large number of Waqf properties were taken from Muslim hands – by the government and even by private enterprises. As property values increased, encroachments increased, along with dishonesty and corruption.

When our country became independent, the Waqf Act 1995 (similar to previous laws) was established to maintain records of properties state-wise and to protect them properly. Under this, maintenance, records, documentation, and Waqf boards were created in 32 states. These Waqf boards are formed by the government. The people appointed to these boards, including chairmen, are appointed by the government. All Waqf bodies or the Central Waqf Council are appointed by the Indian government.

Often people say those in the Waqf Board are corrupt or not trustworthy. These record-keepers are also government appointees. The state government controls it, and whichever political party has the majority appoints their people to the Waqf Board.

In this way, since independence, our Waqf properties have seen considerable corruption, and people were appointed who were neither trustworthy nor protective. Despite this, Muslims have utilized these Waqf properties through their usage and efforts. Mosques were not left empty unless they were taken over by the Archaeological Survey of India.

Look at the 200-250 million Muslims in India – their Islamic needs such as education, worship, prayers, taraweeh, Eid prayers, and cemeteries after death – all these needs are fulfilled by Waqf.

What is Happening?

We can see that over a period of time, our country has experienced commercialization and capitalization. In this regard, business-minded people have developed bad intentions. Many things have been privatized. Our Waqf properties have caught the eye not just of land mafias, but of the government itself. The government conducted a survey and saw how many properties, lands, and mosques there are. Then they drafted a bill in which they would have complete control – meaning the appointed bodies like State Waqf Boards were already mostly under government control.

But these are Muslims’ halal private money that people dedicated for Allah’s pleasure, making Allah the owner. They’ve included non-Muslim members in the Waqf Boards, claiming they’re giving women a place, although seats were already reserved for women. They claimed they’re empowering people while spreading false narratives

The New Bill: A Trojan Horse?

The proposed changes to Waqf laws claim to fight corruption. But let’s cut through the spin. Here’s what scares me:

Power to Bureaucrats, Not Communities: The bill hands district collectors sweeping authority over Waqf disputes. These officials aren’t scholars—they’re bureaucrats. Imagine a Hindu bureaucrat deciding the fate of a 400-year-old mosque’s courtyard because some paperwork is “missing.”
Death by Documentation: Many Waqf properties—like the pathway to my local mosque, used for Eid prayers for generations—were never formally “registered.” They survived through custom and collective memory. The new bill could erase them overnight, demanding paperwork our ancestors never imagined.
The Takeover Agenda: Buried in legalese is a clause letting the government acquire Waqf land for “public interest.” Sounds noble, right? But “public interest” could mean handing a cemetery to a shopping mall developer. When has bulldozing graves ever served the public?

The Lies They’re Telling Us

To justify this, they’re spreading myths. Let’s debunk them:

“Muslims stole land for Waqf!” Absolute rubbish. Islamic law explicitly bans endowing property you don’t own. The story about Mughals declaring “wherever their horses stopped” as Waqf? Pure fiction.
“Waqf boards are corrupt!” Sure, some trustees messed up. But instead of fixing accountability, the bill rewards the real looters: politicians and capitalists.if you see corruption or mismanagement, you fix it. This bill doesn’t have any provision to address that. Instead, by reducing penalties, they’ve created a mechanism to take away the remaining lands by giving the government so many powers, appointing collectors in such a way that they control both sides. Whether you register or do anything, properties will be entirely under their control, and non-Muslim members have been included in the Waqf Board. Can a Muslim be part of a Temple Trust or Gurdwara Trust? No. But you see that our Waqf Boards are entirely filled with government people. They spread propaganda claiming they’re empowering poor pasmanda Muslims, giving rights to poor people who never had rights before. Meanwhile, you see that using the name of Pasmanda, many poor settlements have been demolished by bulldozers in the last three to four years. This lie was told, and many people were affected by it.
“We’re including women and minorities!” Please. Waqf boards always had seats for women. This is tokenism masking a land grab.The first thing I am seeing everywhere is that it’s being said that the Waqf Bill we are bringing is for Muslim women. They portray that Muslim women are so weak, foolish and so naive that our politicians are portraying that they, out of their goodness and kindness, are coming to save us Muslim women. but actually they are trying to cause a rift between Muslim women and the Muslim community. Second, they are undermining Muslim women. And third, which I feel is another important thing, is the demonization of Muslim men. “They portray that Muslim men are very bad, they won’t give Muslim women their rights, so we have to forcefully get Muslim women their rights.” We as Muslim women have to recognize and remember that this religion of ours, we chose to come to it. So we have to generate confidence about our religion.And how will that confidence come? When you read about the religion, discuss the religion, learn about the religion, attend religious gatherings

Urgent Call to Action: Stand Against the Waqf Amendment Bill 2024

What Can We Do?

I’ll be honest—I’m angry, but I’m not hopeless. Here’s my humble to-do list:

Speak Up: Share stories about Waqf’s impact. Personal stories trump propaganda.
Build Bridges: Hindus, Sikhs, Christians—this affects you too. If Waqf falls, your temples and gurdwaras could be next. Solidarity is our shield.

Final Thoughts: This Is Personal

Waqf is woven into our DNA. It’s the mosque where we learned to pray, the cemetery where our grandparents rest, the madrasa that taught us the Quran. Waqf in present times is not perfect, but it’s ours

So when I hear politicians dismiss Waqf as “backward” or “corrupt,” I don’t just see a policy debate. I see my heritage being auctioned. And I refuse to let that happen.

What about you?

This article is inspired by Lecture in Urdu on Waqf awareness program. If you wish to reblog/share this article- Please share with proper attribution and linking.