The reforms suggested in the Waqf Amendment Bill, 2024, which was introduced in the Lok Sabha on Wednesday for discussion and passage by Parliamentary Affairs Minister Kiren Rijiju, place India ahead of many Western, European, and even Muslim-majority countries in terms of Waqf management, offering a specialized framework designed to reflect contemporary values of accountability and inclusivity.
The new framework, which is being challenged by the opposition parties—understandably driven by their political compulsions—aims to improve the efficiency, transparency, and inclusivity of Waqf management, while also aligning it with modern governance standards.
Significantly, many of the ‘liberal’ Western countries that have criticized India on grounds of ‘plurality’ and ‘secularity’ do not have any specific laws to govern Waqf properties.
Similarly in Asian countries where the Muslim population is substantial, the laws that govern the Waft properties are archaic and serve no beneficial purpose for the community as a whole.
As per the bill, which has been made public, it incorporates 25 recommendations made by the Joint Parliamentary Committee (JPC) and brings reforms, especially in terms of gender equality, sectarian inclusivity, and government oversight. An analysis of the bill, and a comparison to similar laws governing Waqf in Western and European countries, as well as Malaysia, Indonesia, and Sri Lanka, all of which have substantial Muslim populations, weakens the opposition’s claims that the bill is anti-Muslim.
Speaking in the parliament Rijiju, pointed out that the most ‘draconian’ provision in the previous Act was Section 40, under which the Waqf Board could declare any land Waqf property. The said provision has been removed in the new bill which is likely to be passed in both the houses given the majority enjoyed by the government. Another contentious rule, ‘waqf by user’ under which a property is considered as a waqf property because it is being used for a long time for religious or charitable purposes, even without formal documentation, has been abolished.
In Western and European countries, Waqf properties are primarily regulated under the general framework of charity law or trust law, which do not have provisions specifically targeting the unique governance needs of Waqf assets and there are no dedicated Waqf Boards or specific laws for Waqf management.
Instead, Waqf properties are usually treated as part of Islamic charitable organizations or Islamic foundations, governed by general legal structures designed for all charitable activities.
In the United Kingdom ( where Muslim population: 4.4%), Waqf properties are managed under the oversight of the Charity Commission, a body that regulates charitable organizations. There is no specific legislation for Waqf properties; they are simply categorized as charitable assets and managed according to the general framework provided by the Charity Act 2011.
The Charity Commission ensures that these organizations adhere to laws regarding transparency, accountability, and governance, but there is no dedicated body for Waqf properties alone, and the issue of ‘gender equality’ or ‘sectarian representation’, which is mentioned in the Indian law, does not come under the specific purview of charity law.
No separate benefits are given by the charity commission to these bodies on the ground of religion.
Similarly, in the United States (Muslim population: 1.1%), Waqf properties are managed through Islamic charitable organizations, and their management is governed by state-specific trust laws and federal charity regulations, including the IRS tax code which is known for its stringent rules and regulations.
In the U.S., like in the UK, these properties are treated like any other charitable asset, subject to tax-exempt status regulations and general charitable governance. There is no specialized regulatory framework for Waqf, and governance is usually handled at the level of the individual charitable organization.
In France too (Muslim population: 8.8%), Waqf properties are incorporated within the broader scope of Islamic charities, which are regulated by general charity laws that govern all religious and non-profit organizations, and there is no specific framework for Waqf properties.
In Germany (Muslim population: 5.0%) and Canada (Muslim population: 3.2%), the situation is similar, with Islamic charitable organizations managing Waqf properties under the broader charity law framework.
In Germany, charitable foundations or organizations manage Waqf assets, and governance falls under the oversight of the Federal Ministry of the Interior, which ensures compliance with the German Civil Code (Bürgerliches Gesetzbuch, BGB), but there is no specialized body for Waqf management, and there are no specific provisions for gender equality or sectarian representation in the administration of Waqf.
In contrast to these Western and European countries, India’s Waqf Amendment Bill, 2024 is a dedicated piece of legislation that provides specific rules and frameworks for Waqf management.
The Bill empowers the Central Government to create rules regarding Waqf registration, auditing, and accounts, ensuring a high level of transparency and accountability in the handling of Waqf properties.
Additionally, the Indian Waqf Amendment Bill has introduced gender equality provisions. The law mandates the representation of at least two Muslim women on both the Central Waqf Council and State Waqf Boards, a measure aimed at empowering women in the governance of Waqf assets.
Furthermore, the Bill ensures that female inheritance rights to Waqf properties cannot be denied. This contrasts sharply with Western systems, where gender representation is not mandated in the management of Islamic charitable organizations.
Another significant feature of the Indian law is its commitment to sectarian inclusivity. The law mandates that representatives from various Muslim sects—Sunni, Shia, Bohra, Agakhani, and others—be included in the State Waqf Boards, ensuring that all Muslim communities are represented in the decision-making process. This provision is a significant departure from the Western countries, where sectarian representation is not required.
The Indian bill also introduces an appeal process where decisions made by Waqf tribunals can be challenged in the High Court within 90 days. This formal legal recourse ensures that there is judicial oversight of Waqf-related matters, providing a mechanism for addressing grievances.
In contrast, in the West, while charity laws offer legal recourse for disputes, there is no specialized tribunal system for Waqf, and cases related to Waqf are handled under broader trust law or charity law frameworks, which lack the the focus on Islamic endowments.
In Malaysia (Muslim population: 61.3%), the management of Waqf properties is handled by a specialized body called the State Islamic Religious Councils (SIRCs). These councils are empowered by the Administration of Islamic Law (Federal Territories) Act 1993 and other state-specific legislation to oversee the management and administration of Waqf assets.
Unlike India’s new law, which mandates gender representation and sectarian inclusivity, Malaysia’s system places a significant emphasis on the State’s role in managing Waqf properties. While the SIRCs play a crucial role in Waqf management, they are not as inclusive in terms of gender or sectarian diversity as the Indian system.
An analysis of the law shows that Malaysia’s approach is more centralized, with the government having significant control over the administration of Waqf properties, and the inclusion of women or minority sects is not a central feature of the governance system.
In Indonesia (Muslim population: 87.2%), the Waqf Board of Indonesia (BWI) is tasked with overseeing Waqf properties. Established under Law No. 41/2004 on Waqf, the BWI is responsible for the registration, monitoring, and supervision of Waqf properties across the country.
While Indonesia has a more centralized system for Waqf management than some other countries, it does not have the same gender-focused provisions as India’s law.
The BWI focuses more on the legal administration and utilization of Waqf assets, often aimed at increasing the economic productivity of Waqf properties, but gender inclusivity and sectarian representation are not specifically emphasized in the law.
In Sri Lanka (Muslim population: 9.7%), the Waqf laws are governed under the Waqf Act, No. 51 of 1955, which establishes the Sri Lanka Waqf Board. Similar to Malaysia and Indonesia, Sri Lanka’s system of Waqf governance is largely state-controlled.
The Sri Lankan Waqf system is less inclusive than India’s in terms of gender equality and sectarian representation. The Sri Lanka Waqf Board primarily focuses on the legal registration and management of Waqf properties, without specific mandates for gender representation or inclusivity of Muslim sects in its governance structure.
In terms of government oversight, India’s centralized control over Waqf registration and the audit process is more comprehensive than the systems in Malaysia, Indonesia, and Sri Lanka, where state governments typically have greater discretion in managing Waqf properties, without the same level of detailed centralized regulation and oversight seen in the Indian bill.
Apart from being a progressive law that promotes gender inclusion and sectarian diversity, it is also designed to ensure that transparency and accountability are maintained at every level of governance, which is a feature that is not as robust in the Waqf management systems of these countries.