The 2025 Waqf Amendment: A Turning Point for Muslim Citizens and Religious Freedom
By Fazlullah for RAHAMATABAD.COM
Published: April 9, 2025
Introduction
The Waqf (Amendment) Act, 2025, recently passed in India, has triggered significant concern across the global Muslim community. With deep legal and administrative changes, it directly impacts not only Islamic religious institutions but also the constitutional rights and heritage of Indian Muslims. This article presents a comprehensive analysis of the amendment, its implications, hidden politics, and what the community must urgently do in response.
What Has Changed in the Waqf Act, 2025?
Key Highlights of the Amendment:
- “Waqf by User” doctrine removed – properties historically used as mosques or graveyards without official paperwork can no longer be protected.
- District Collectors empowered to decide whether a land is waqf—taking power away from Waqf Boards.
- Civil courts replace Waqf Tribunals—cases may become more delayed and expensive.
- Non-Muslim members can be appointed to Waqf Boards.
- Direct High Court appeal system created, bypassing community tribunals.
Impact on Muslim Citizens: What Is at Stake?
1. Loss of Religious Autonomy
Muslim community no longer has full control over its own waqf decisions. Masjids and dargahs without documents—even if hundreds of years old—are vulnerable.
2. Threat to Religious Properties
Legal rights weakened. Local governments can question existing waqf designations.
3. Welfare Distribution at Risk
Waqf funds for orphans, widows, students may be blocked or diverted. Political appointments may disrupt intended beneficiaries.
4. Legal Access Made Harder
Civil courts are slow, expensive, and lack religious understanding. The poor and rural Muslims face major barriers in fighting land cases.
Is There a Political Play Behind the Amendment?
While the law is presented as a “modernization” effort, critics argue that the real intention may be:
- Diluting Muslim ownership of land, especially in urban areas.
- Centralizing control of religious affairs under secular or state authority.
- Weakening Muslim institutions that empower education and resistance.
This reflects a pattern of religious management shifting from the community to state-run models.
Can the Courts Still Protect Muslims?
Yes, but with limitations.
- High Courts can reverse illegal waqf grabs—but only if cases are filed timely.
- Public Interest Litigations (PILs) can be filed to expose violations.
- Courts, however, are slow and require strong legal preparation—often beyond reach for common citizens.
Urgent Measures for the Muslim World and Citizens
- Digitize & Secure Waqf Records: Document every waqf land, masjid, graveyard, madrasa. Use cloud or encrypted archives for backup.
- Local Waqf Protection Committees: Create teams of Imams, youth, lawyers, retired officials to defend local waqf properties.
- Train Community Legal Defenders: At least one or two people per mosque should know waqf laws, filing procedures, and rights.
- File Fast, File Early: Don’t delay legal action if waqf land is encroached. Time is critical; silence leads to loss.
- Raise Your Voice Online: Use media to expose violations. Start digital petitions, awareness posts, and legal guides in your area.
- Build Political Pressure: Demand reversal of harmful clauses from MLAs and MPs. Organize Muslim voices with unity and strategic pressure.
- Publicize All Waqf Assets: Keep local citizens informed about what belongs to them. Awareness is defense.
- RAHAMATABAD.COM’s Role: We propose a “Waqf Protection Desk”, a public platform to:
- Accept citizen reports
- List endangered properties
- Share legal documents/templates
- Publish names of encroachers or violators
Conclusion: The Time to Act Is Now
The 2025 amendment isn’t just a legal issue—it’s a test of unity, faith, and civic action for the Muslim world. We must not wait for rights to be taken silently. History teaches us that religious institutions are protected not just by law, but by the will of the people.
If we stand united—with knowledge, media, and law—we can preserve our sacred trusts for generations to come.