India has passed a controversial land bill that critics warn could lead to the government taking control of undocumented Muslim properties, raising fears of increased Islamophobia. The Waqf Amendment Bill, passed by the Indian parliament last week, introduces new regulations that could impact Muslim religious autonomy and control over centuries-old mosques, schools, hospitals, and cemeteries.
What is the Waqf Amendment Bill?
The bill pertains to “waqf,” a concept of charitable endowment widely practiced by Muslims, where property is donated for religious or community purposes. Historically, waqf properties in India have been managed by Muslim communities with minimal state intervention. However, this new legislation escalates government oversight over these properties, with some fearing it could pave the way for large-scale government control.
The Waqf Act of 1995 already established government waqf boards to regulate such properties, but the new amendment takes this a step further. The law now requires waqf boards to prove that properties are charitably endowed. Since many waqf properties, particularly those dating back centuries, are not formally documented, their status will be determined by a state-appointed collector. Undocumented properties could be declared government assets.
The Growing Fear of Property Seizures
One of the most contentious elements of the bill is that properties lacking formal documentation will be assumed to be government-owned. This could place vast amounts of land, including mosques and Muslim cemeteries, under the control of the Indian state.
Critics, including prominent Muslim leaders such as Asaduddin Owaisi, argue that many waqf properties were never documented due to historical factors, yet have served Muslim communities for generations. Owaisi described the bill as an attempt to undermine the historical and religious significance of waqf properties.
Rana Ayyub, a prominent Indian Muslim commentator, warned that the bill is not just an attack on Muslims’ present-day rights but also threatens their sacred burial sites. “As if brutalising Muslims while they are alive is not enough, you want to take away the spaces that are provided to them for their burial,” Ayyub remarked.
The BJP’s ‘Land Jihad’ Narrative
The Bharatiya Janata Party (BJP), the ruling party in India, has justified the bill as a necessary step to combat “land jihad,” a conspiracy theory alleging that Muslims have used waqf properties to take control of land in India. BJP MP Anurag Thakur, during a parliamentary debate, stated, “We will not allow a second partition in the name of land jihad.”
Prime Minister Narendra Modi framed the passage of the bill as a “watershed moment” for India, claiming it would promote socio-economic justice, transparency, and inclusive growth, particularly for marginalized communities.
Islamophobia and Muslim Civil Rights
For many, the Waqf Amendment Bill represents a deeper agenda to erode Muslim civil society in India. Mallikarjun Kharge, leader of the opposition Congress Party, accused the government of deliberately targeting Muslims with the bill. Critics argue that the government’s actions serve to undermine Muslim religious and civil rights while stoking fear and suspicion among the population.
The All-India Muslim Personal Law Board has vowed to fight the legislation, calling for protests and symbolic arrests in various states. The board plans to submit memorandums to the President of India and the Home Minister, urging them to repeal the law.
The Waqf Amendment Bill has intensified fears of Islamophobia in India, as the government increases its control over Muslim properties. By targeting undocumented waqf properties, the legislation threatens not only the religious and historical autonomy of Muslim communities but also exacerbates tensions within the country. With widespread protests already underway, the bill has become a flashpoint for ongoing debates about religious freedom, property rights, and the treatment of Muslims in India.
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