Waqf is an Islamic concept where property is donated for charity or public good. But recently, the Indian government’s new Waqf Amendment Act has stirred protests and legal battles. At the heart of the debate is the question: who truly controls Waqf property?
Solicitor General Tushar Mehta clarified in the Supreme Court that Waqf, while an Islamic idea, is not an essential part of Islam nor a fundamental right. The government sees itself as custodian of public property, including Waqf assets, and says it must ensure these lands are not misused or illegally taken.
The government also claims the new law is about stopping illegal claims on government or public land. For example, if a building is government-owned but someone claims it as Waqf property by “continuous use,” the government wants to investigate and take legal action if needed.
Also Read Centre’s Bold Defence of Waqf Act in Supreme Court: Can India Protect Charitable Assets?
The Petitioners’ Side: Fear of Property Loss and Religious Rights
Lawyers for petitioners argue the new law threatens to seize Waqf property without proper process. They worry that any local official’s claim can strip away Waqf status unfairly, with little chance for the Waqf community to defend itself.
One lawyer pointed out the strange rule that only a Muslim practising Islam for five years can create Waqf property. This, they say, is unfair and unconstitutional—what if someone wants to make a Waqf donation in their last days?
They also stressed that Waqf property belongs to the Muslim community, not the State. Losing control of it would be a huge blow.
Balancing Religion and Law: A Tough Act
The government argues that managing Waqf is different from controlling purely religious functions like prayers or rituals. They separate the spiritual head (Sajjadanashin) from the property manager (Mutawalli). The law targets the property and administration, not faith.
This is not new. Other religions have laws managing their endowments too. For example, the Hindu Endowments Act lets boards manage temples and remove leaders if needed.
The Supreme Court will decide if the law respects religious freedoms under Article 25 of the Constitution or if it unfairly targets the Muslim community. For now, the government stresses transparency and protection of public property. The petitioners emphasize safeguarding religious rights and community ownership.
Waqf lands in India are worth thousands of crores and support many communities through education, health, and charity. How this law plays out could reshape who controls these assets and how they serve the public.
Also Read Centre Defends New Waqf Law in Supreme Court, Opposes Stay
