India is home to one of the world’s largest Muslim populations, with around 200 million people living in a predominantly Hindu country. For decades, Muslims in India have faced discrimination, prejudice, and violence, despite constitutional protections.
In recent years, the situation for Muslims has worsened. Experts attribute the rise in anti-Muslim sentiment to the leadership of Prime Minister Narendra Modi and his Bharatiya Janata Party (BJP), which has promoted a Hindu nationalist agenda since coming to power in 2014.
Tensions have continued to escalate, particularly in the past few weeks. On 22 April, an attack on Indian tourists in Pahalgam, located in Indian-administered Kashmir, led India to blame the Pakistan-based Lashkar-e-Taiba — a UN-designated terrorist organisation — for the assault.
In the aftermath of the attack, the Indian government’s retaliation has been accompanied by a rise in anti-Muslim sentiment, including the demolition of Muslim homes and the spread of Hindutva music — provocative songs shared on platforms like YouTube and WhatsApp that fuel religious divisions and incite violence.
These developments have deepened existing fears within India’s Muslim community. Even before the Pahalgam attack, concern was mounting over a new law targeting waqf properties — religious and charitable land historically administered by Muslim institutions.
Fearful of their future, especially with the Waqf Bill now passed in India and escalating tensions, along with fresh ceasefire violations between India and Pakistan, The New Arab examines what these developments could mean for Muslims in the country.
What is waqf?
According to the National Waqf, a waqf refers to a charitable or religious donation of movable or immovable property made by an individual or group. Such donations are typically used to establish mosques, schools, and similar institutions.
Once the donation is made, the donor permanently relinquishes ownership rights, and the property is designated as waqf. It is then managed by waqf boards. These boards include nominees from the state government, Muslim lawmakers, members of the state bar council, Islamic scholars, and managers of waqf properties.
In addition to thousands of such religious and charitable properties, many historic mosques, graveyards, and shrines also fall under waqf due to their religious nature and long-standing use. These are often classified as ‘Waqf by user’, where a property is recognised as waqf based on its historic or continuous use by the Muslim community.
Today, India’s waqf system is one of the largest in the world, managing over 850,000 properties valued at approximately $14 billion. However, the new law introduces significant changes to how waqf properties are managed, requiring donors to provide official paperwork proving ownership and intent to donate, as properties will no longer be classified as waqf based solely on their use.
Although existing 'waqf by user' properties will retain their status, this could be revoked if a dispute arises. In such cases, a government official will be given the final authority to determine ownership.
Concerns
Unsurprisingly, the amendments have raised concerns within the Muslim community, particularly over the provision that appoints a government officer — rather than a religious or community body — as the final authority in property disputes.
The law introduces several other controversial provisions. It allows non-Muslims to be appointed to waqf boards for the first time, and expands government control over the surveying and documentation of waqf properties.
Perhaps most troubling to many is the new requirement that anyone wishing to donate property as waqf must have been a 'practising Muslim' for at least five years — a term the law fails to define.
These changes have sparked protests across the country, with Muslim organisations and opposition parties condemning the amendments as discriminatory, arguing that the law interferes with the religious autonomy guaranteed by the Indian Constitution and viewing it as another attempt to undermine Muslim rights in a political climate already marked by rising tensions.
While the government insists the changes are designed to bring more transparency and efficiency to waqf property management, critics are not convinced.
Against the backdrop of recent Hindu claims over historic Muslim sites, many see this law as part of a larger pattern. For India's Muslim population, the reforms feel like a continuation of efforts by the BJP to marginalise them and erode their religious freedoms.
Vilifying Muslims
Speaking to The New Arab, Imran Masood, a Member of Parliament from the Congress Party, expressed concern over the removal of the 'waqf by user' provision.
He explained that many waqf properties, particularly older ones, lack proper documentation. Under the new law, if any property is disputed or involved in litigation, its ownership will have to be reconsidered.
“Wherever there is a dispute — and note that creating a dispute is not difficult — the designated officer (a government official) will decide whether it is a dispute or not. And many disputes are being raised unnecessarily, even where they didn’t exist before,” he said.
He also questioned the clause requiring individuals to be practising Muslims for at least five years in order to make a waqf donation. “What does that even mean? Who will decide who is a practising Muslim? What’s the definition? What criteria must one fulfil to be considered ‘practising’? They’ve given no clarity at all,” he remarked.
Imran further criticised the law for excluding Adivasis (tribal communities) and residents of Lakshadweep from being able to make waqf donations, despite Lakshadweep’s population being nearly 93% Muslim.
Raising a different set of concerns, Javed Ali, a member of the Upper House of Parliament from the Samajwadi Party, said he believes the law is part of a broader effort to undermine Muslims and seize their land.
Javed acknowledged that while mismanagement of waqf assets has been an issue, the BJP is using this as a pretext to vilify Muslims and appropriate land meant for the community. “The intention here isn’t really reform — it’s about vilifying Muslims and taking away land that belongs to waqf, land meant for the Muslim community,” he said.
He also warned about the law’s potential impact on historic mosques, many of which are centuries old and lack formal registration. “If attempts begin to take them over or vacate them, it will cause chaos across the country,” Javed cautioned.
He added, “This government is capable of going to any extent — it can ban loudspeakers, prevent prayers outside mosque premises, and has already imposed restrictions in Uttar Pradesh on Muslim processions, fairs, and Urs festivals. They are capable of anything in order to push their anti-Muslim ideology, which is rooted in RSS thinking.”
Adding a legal perspective, Dr Nizamuddin Ahmad Siddiqui, Professor of Law and co-founder of Project Mishkat, raised concerns over the constitutional implications of the law. He emphasised that waqf is protected under India’s Constitution, which guarantees the right to practise religion and manage religious endowments.
Dr Nizamuddin also highlighted a practical problem: with no documentation available for thousands of existing waqf properties, they could easily be claimed as government land.
“Here, anyone can claim any day that this is my property, and it becomes contested. And if the government says that it is my property, then it is going out of your hands. Because now the law says that whatever is government property cannot be a waqf property at the same time,” he explained.
The other side
On the opposite side of the debate, Shazia Ilmi, National Spokesperson for the ruling BJP, defended the amendments, arguing that the need for reforms in the waqf system has been long-standing. She noted that previous governments had also introduced changes to the law, including amendments in 1995 and 2013.
According to Shazia, there has been a disproportionate increase in waqf land in recent times, and accountability is needed.
“What was the need for some people to donate such vast amounts of land as waqf? Was it to encroach upon the land of others, government or otherwise? This needs to be accounted for. We are looking at 39 lakh acres,” she said.
Claiming that the new law will better regulate waqf and eliminate illegality and corruption in its management, Shazia added, “The idea of waqf is to do good for the poor through charity. It is not a way to enter the land mafia or control land. The amendment will ensure that the true purpose of waqf is realised.”
Hamaad Habibullah is a freelance writer based in New Delhi