The Waqf Amendment Bill 2025: A Legalized Tool for Land Grabbing?
The Waqf Amendment Bill 2025 was passed in the Lok Sabha at midnight on Thursday after nearly 12 hours of heated discussion, and was cleared by the Rajya Sabha the very next day. The government projected itself as the champion of Muslim rights, making grand promises. However, history has shown that such assurances often mask deeper, more dangerous intentions—with this bill aimed at the systematic takeover of Muslim land and the continued marginalization of the community.
It is crucial to look beyond propaganda and examine what this bill actually does. In simple terms, it is one of the most dangerous legislations yet, posing a direct attack on Muslim rights and properties. Here’s why this bill is deeply problematic and must be unequivocally rejected, without any ifs or buts.
The Fate of "Waqf by User"
Original Version (Waqf Amendment Bill, 2024):
The bill abolished the concept of "waqf by user", which recognizes properties used as waqf over time without formal documentation.
Revised Version (Waqf Amendment Bill, 2025):
Following criticism from the Muslim community, the Joint Parliamentary Committee (JPC) recommended modifications. The new bill states that waqf properties registered before the enactment of the law will retain their status—unless they are disputed or identified as government land.
Effect:
Despite the modifications in the revised bill, it remains fundamentally unchanged in its intent. By stating that the protection does not apply to disputed properties or government-claimed land, the bill gives the government unchecked power to seize waqf properties under legal cover. Many historical Muslim sites lack formal documentation due to loss, destruction, or colonial-era dispossession. Declaring them "disputed" will be a convenient excuse for takeover.
This is not a new tactic—even the British government used similar mechanisms to seize waqf lands.
According to the Sachar Committee Report, there were 4.9 lakh waqf properties in India, a number that has increased to 8.7 lakh as per the WAMSI portal. Of these, 4.02 lakh Waqf properties fall under "waqf by user," making them highly vulnerable to state takeover.
This is not just about land—it is about the survival of mosques, graveyards, shrines, and community welfare institutions. If these properties are lost, Muslims will struggle to find burial spaces for their loved ones or even places to offer prayers.
At a time when Muslims are already being denied Eid prayers in public spaces, how can one trust that the government won’t systematically erase waqf properties?
Inclusion of Non-Muslims in Waqf Institutions
The bill mandates that both the Central Waqf Council and State Waqf Boards must include at least two non-Muslim members. Additionally, it removes the requirement that a waqf board’s chief executive officer must be Muslim.
Effect:
This reduces Muslim control over waqf management, allowing unnecessary government interference. It also violates Article 26 of the Constitution, which grants religious groups the right to manage their own affairs.
This move is also blatantly discriminatory. Hindu temples (Math/Mandir) can only have Hindu management, and Gurudwara Prabandhaks can only have Sikh members. Then why should Muslim waqf boards be forced to include non-Muslims? If the government insists on "diversity and inclusivity," will Hindu temple trusts also be required to appoint Muslim members?
Increased Government Oversight in Waqf Property Surveys
Under the previous version of the Bill, district collectors or officers of equivalent rank were authorised to survey waqf properties. However, based on the JPC’s recommendations, the amended Bill now mandates that senior officers above the rank of district collectors conduct these surveys, particularly in cases where government ownership is disputed.
The bill also states that these senior government officers as the final arbiters in such disputes, replacing the waqf tribunals prescribed under the 1995 Act. It also bars the classification of a property as waqf until the officer submits a final report.
Effect:
This drastically weakens waqf tribunal powers, placing waqf properties under direct government control. If a property is even claimed as government land, it will be barred from waqf use until an investigation concludes—which can take years.
For instance, if a madarsa or hospital is on land claimed by the government, it will be forced to shut down indefinitely. This will severely impact education, healthcare, and other welfare initiatives for the Muslim community.
Limiting the Power of Waqf Tribunals
The bill removes the finality of waqf tribunal decisions, allowing aggrieved parties to appeal directly to the High Court within 90 days.
Effect:
This effectively renders waqf tribunals powerless. Cases will now be dragged into an already overburdened judiciary, resulting in years—if not decades—of litigation. The result? Delays, legal loopholes, and an increased likelihood of waqf land grab.
New Restrictions on Who Can Create Waqf
The bill mandates that only Muslims who have been practicing Islam for at least five years can create a waqf. The revised version retains this provision, with minor wording changes that do not alter its impact.
Effect:
This bars newly converted Muslims and non-Muslims from creating waqf, even if they genuinely wish to do so. This is blatantly discriminatory—while non-Muslims are forced into waqf boards, they are simultaneously barred from donating their land for waqf purposes.
This violates personal freedom and choice, restricting an individual’s ability to contribute to welfare activities.
The Waqf Amendment Bill & The Places of Worship Act
This bill must not be seen in isolation. It is closely linked to the Places of Worship Act, 1991, which was designed to freeze the status of religious sites as of August 15, 1947 to prevent disputes. Essentially, this means that whatever a religious site was on that date would remain so: if it was a temple, it would continue to be a temple; if it was a mosque, it would stay a mosque; and the same applies to gurudwaras, churches, and other places of worship. The idea was to prevent future conflicts and keep the religious character of these places intact.
Recently, several PILs have been filed seeking to weaken or repeal this law. If the Places of Worship Act is diluted and the Waqf Amendment Bill removes waqf protections, it will become significantly easier for the government to seize historical Muslim places.
Why This Matters:
- The PoW Act, 1991 was meant to protect religious sites.
- Weakening it means the status of mosques, dargahs, and shrines can be legally challenged.
- The Waqf Amendment Bill, 2025 grants district collectors and senior officers—who are government-appointed officials—greater authority over waqf lands, making it easier for historical Muslim sites to be reclassified or taken over.
We also need to understand that Once land is gone, it is nearly impossible to reclaim—no matter how unjust the process was. History has already shown us how entire Muslim neighborhoods were taken over in Lutyens’ Delhi, transformed into government offices and elite spaces. Babri Masjid is another example.
Conclusion
This bill is not about governance or reform. It is a direct attack on waqf properties, disguised as "progress." The government’s promises of benefits for the Muslim community are hollow, mere distractions from an agenda of dispossession and control.
To gain a deeper understanding of this issue, watch Nous Network’s videos on waqf and stay informed.
