Petition to Reject the Waqf Amendment Bill, 2024

For centuries, Indian Muslims have generously contributed their family wealth and hard-earned income to Waqf, a philanthropic practice in Islamic law where movable or immovable property is permanently dedicated for religious, social, or charitable purposes. The individual who dedicates the property (referred to as the Waqif) relinquishes ownership, entrusting it to serve the community indefinitely. Under Waqf, properties can range from land and buildings to other assets, all intended to benefit society by supporting projects such as building schools, mosques, or hospitals.

Unlike trusts in other legal systems, once a property is declared as Waqf, it cannot be sold, transferred, or inherited. The management of these properties falls under the Waqf Boards, established at both central and state levels, to ensure that the assets are utilized for their intended purposes. 

However, this invaluable legacy is now under threat. The Waqf Amendment Bill, 2024, currently being considered by the Indian government, could fundamentally alter the management and autonomy of Waqf properties—a move that is both alarming and unacceptable. If enacted, this bill will disrupt longstanding practices and undermine the independence of the Muslim community in managing its religious endowments.

The bill has drawn significant criticism for the following reasons:

1. Violation of Constitutional Rights:  
   The bill is seen as infringing upon the fundamental rights guaranteed by the Indian Constitution, specifically Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 25 (Freedom of Religion). By imposing restrictions on new converts and expanding governmental control over Waqf properties, the bill limits the religious freedom and autonomy of the Muslim community.
2. Discriminatory Provisions:  
   The bill mandates the inclusion of women and non-Muslims only in Muslim Waqf Boards, raising concerns about fairness and equality. There are no similar requirements imposed on other religious endowment boards, making this provision appear discriminatory.
3. Threat to Waqf Autonomy:  
   The shift of power from independent Waqf Boards to government-appointed officials threatens the autonomy of Waqf institutions. This increased governmental interference in religious affairs is a matter of great concern for the Muslim community, as it could erode the independence that has been maintained for centuries.
4. Impact on Religious Endowments:  
   By imposing restrictions on new converts dedicating properties to Waqf, the bill could discourage the future growth of religious endowments, which have long played a vital role in supporting Muslim communities across India.

The implications of the Waqf Amendment Bill, 2024, are far-reaching and deeply troubling. In 2016, the Government of India reported approximately 500,000 registered Waqf properties (Sachar Committee Report, Government of India, 2006). Protecting the integrity of these properties is not just a matter of religious law; it is also a question of communal identity and socio-economic value.

We, therefore, strongly urge the Indian government to reconsider and reject the Waqf Amendment Bill, 2024. Our commitment to preserving our religious autonomy, traditions, and peaceful coexistence compels us to stand firm against this bill.

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