With the introduction of the Waqf (Amendment) Bill 2024 and its subsequent referral to the Joint Parliamentary Committee (JPC), a surge of misinformation has hijacked the debate around Waqf properties, deliberately distorting a noble tradition of charitable giving into a contentious issue fuelled by divisive rhetoric. Misleading claims – like Waqf properties being the rightful possession of “Bharat Mata” or Muslim rulers unjustly confiscating land for Waqf – are not only distorting the truth but also undermining India’s pluralistic values. Driven by political and economic agendas, these myths threaten to do away with centuries of communal harmony and charitable tradition. In this article, we cut through the noise, shedding light on the true historical and legal foundations of Waqf, and reaffirming the constitutional protections that safeguard this vital institution.
Understanding Waqf: Its Purpose and Legacy
Waqf, (plural: Awqaf), is a charitable endowment established under Islamic law, whereby individuals voluntarily allocate property for religious or philanthropic aims. This institution has a rich history of about a thousand years and has significantly contributed to the educational, social, and healthcare systems across the Muslim world, including India. Traditionally, Waqf properties have been utilised to support mosques, madrasas, hospitals, and various community welfare initiatives.
Similar to charitable trusts found in other religions, such as Hindu and Christian endowments, the primary goal of Waqf has always been the welfare of the public and community service, rather than any political or religious superiority. Historically, Waqf properties have benefited people from all communities, not just Muslims. Let us take some of the most popular myths one by one.
Myth # 1: Waqf Lands Are National Property
A widespread misconception is that Waqf properties belong to “Bharat Mata” or the Indian state, implying that these lands were originally government property wrongfully seized by Muslims. In reality, Waqf properties are charitable trusts, similar to those owned by temples, churches, and other religious institutions. Governed by the Waqf Act of 1995, these properties are under the jurisdiction of state Waqf boards.
The belief that Waqf properties are “national assets” reflects a misunderstanding of property rights. Article 300A of the Indian Constitution guarantees property rights to all, and Waqf properties are entitled to the same legal protections as any other religious or charitable trust. Many of these properties were established as voluntary donations intended to benefit all communities – Hindus, Muslims, and others alike.
Additionally, while Waqf properties are managed by religious laws and Waqf Boards, they are not exempt from government oversight. These Boards are statutory bodies created under Indian law and are required to follow stringent legal protocols. Their finances and operations are audited by the government, and any misuse or illegal occupation can be addressed through legal action, just like any other property.
Myth # 2: False Histories of Land Seizures for Waqf
Another misleading narrative suggests that Muslim rulers forcibly seized land from Hindus for Waqf. This oversimplified view promotes division between communities. In reality, both Muslim and Hindu rulers donated land for charitable causes designated as Waqf. Muslim rulers frequently granted land for public welfare, similar to Hindu rulers who provided land for temples. Furthermore, Islamic law stipulates that once a property is designated as Waqf, it cannot be sold, transferred, or used for personal gain, ensuring such properties are preserved for community benefit and protected from misappropriation by future rulers or governments.
The British colonial government acknowledged the legitimacy of Waqf properties through the “Mussalman Waqf Validating Act” of 1913, which established legal protection for these endowments. Had these properties been unlawfully taken, the British legal system would not have recognised their status.
Myth # 3: Waqf Properties Are Endless and Expanding
Some believe that Waqf properties continue to expand unchecked, contributing to the perception that Muslim communities are usurping large tracts of land. In reality, Waqf properties are limited. New Waqf donations are rare, and the properties are mostly historical endowments. Moreover, a large number of Waqf properties are small parcels of land used for mosques, graveyards, or madrasas, and do not represent massive land holdings.
Myth # 4: Waqf Lands Are Only Beneficial to Muslims
This misconception overlooks the fact that Waqf properties often serve the broader community, including Hindus, Christians, and other groups. Historically, Waqf lands have funded hospitals, schools, orphanages, and other charitable institutions that serve people of all faiths. The primary purpose of Waqf is public welfare, and it is not limited by religious boundaries.
Waqf and India’s Legal Framework
Waqf properties are protected under the Indian Constitution, which affirms the right of religious groups to oversee their affairs, as stated in Article 26(b). This protective framework encompasses the management of properties, with Waqf Boards operating within the parameters of Indian law. These boards uphold the original intent behind Waqf endowments.
The judiciary has consistently upheld the integrity of Waqf properties, ruling against any arbitrary seizure or appropriation of these lands, thus reinforcing the constitutional commitment to religious freedom. Recent legislative proposals, such as the Waqf (Amendment) Bill2024, require careful examination to prevent any erosion of these constitutional safeguards.
Underlying Motives: Economic and Political Agendas
The Myths surrounding Waqf properties often serve economic and political interests, particularly given that many such properties are located in prime urban areas, making them attractive for commercial exploitation. By labelling these lands as “illegitimate” or “national property,” certain groups seek justification for their appropriation, often in violation of legal and constitutional principles. The targeting of Waqf lands reflects a broader strategy to reshape India’s diverse identity into a more exclusionary narrative.
Legal Awareness and Vigilance
The misinformation surrounding Waqf properties extends beyond legal inaccuracies; it aims to undermine India’s diverse heritage. As distorted narratives proliferate, reaffirming the historical and legal truths about Waqf is crucial. India’s commitment to pluralism, democracy, and minority rights relies on robust legal protections for all religious communities. By dispelling myths and affirming the legal standing of Waqf properties, India can protect its tradition of diversity and inclusion.
To uphold constitutional values and safeguard Waqf’s legacy, citizens, scholars, and legal experts must confront misconceptions with accurate information. This approach should include public awareness campaigns, open dialogue, and legal action aimed at illustrating Waqf’s historical contributions while countering misleading narratives. Legal entities like Waqf Boards and civil rights organisations must remain vigilant against attempts to misappropriate Waqf properties through claims of “nationalisation” or unfounded allegations.
The proposed Waqf (Amendment) Bill of 2024 poses a significant threat to constitutional protections, potentially infringing on minority rights and facilitating unjust land seizures under the guise of reform. It is imperative to oppose this Bill to preserve legal safeguards essential for the protection and proper use of Waqf properties for charitable and religious purposes.
Legal experts and community leaders should proactively advocate for Waqf property rights by engaging with policymakers to ensure legislative changes respect minority communities’ constitutional rights. Additionally, transparency in Waqf operations is essential. By maintaining accountability, legal bodies can build public trust in Waqf Boards and other institutions involved in protecting these assets.
Fostering Informed Dialogue
Creating informed discussions about the significance of Waqf and its societal contributions can shift the conversation from division to collective action. Workshops, seminars, and community forums can serve as educational platforms where individuals from diverse backgrounds learn about the historical context, legal framework, and socio-economic impact of Waqf properties.
Strengthening Inter-Community Collaboration
Collaboration among various religious institutions can strengthen efforts to protect community assets. By uniting around shared values of justice, equality, and service – regardless of whether they are Muslim, Hindu, or Christian – religious communities can form a powerful alliance against forces undermining India’s pluralistic identity. Joint initiatives, such as interfaith forums and collaborative charitable events, can emphasise common goals, fostering a narrative of unity and safeguarding the sanctity of Waqf properties while enriching India’s cultural landscape.
Upholding Justice and Pluralism
The debate surrounding Waqf properties is not merely about assets; it represents a pivotal struggle for India’s commitment to pluralism and inclusivity. Acknowledging the historical and legal significance of Waqf as symbols of our nation’s diverse identity is crucial for preserving India as an inclusive democracy. Our future hinges on our ability to uphold the rights and dignity of all communities. By safeguarding Waqf properties and other religious endowments, we reinforce our commitment to a future where diversity is celebrated and the rule of law prevails. Waqf properties embody a tradition of community support and philanthropy, making their protection not just a legal obligation but a moral imperative essential to upholding justice and equality as enshrined in our Constitution.
Defending Waqf properties and promoting the rights of all religious endowments fortify India’s foundational values of diversity and inclusion, ensuring a vibrant future rooted in our rich past. Citizens, legal experts, and the international community must remain vigilant against attempts to weaken protections for religious and charitable trusts, actively safeguarding India’s pluralistic heritage and global principles of justice. Together, let us champion this cause to protect our collective identity and ensure that all voices are heard in our democratic country.
[The writer is Assistant Secretary, Jamaat-e-Islami Hind]