Wani urges OIC to address threats posed by India’s Waqf (Amendment) Bill
Islamabad: In a letter to Hissein Brahim Taha, Secretary General of the Organization of Islamic Cooperation (OIC), Altaf Hussain Wani, Chairman of the Kashmir Institute of International Relations (KIIR) in Islamabad, has raised serious concerns regarding BJP-led Indian government’s Waqf (Amendment) Bill, 2024.
According to Kashmir Media Service, the Bill was introduced in the Lok Sabha (lower house of the Indian parliament) in August, last year.
Wani emphasized that the Bill threatens the independence of waqf properties, which are essential for funding social services, schools, and mosques, particularly in Indian illegally occupied Jammu and Kashmir (IIOJK). According to the letter, the proposed amendments run the possibility of bureaucratic meddling and erode the security of waqf institutions by shifting important responsibilities from State Waqf Boards to tax officials.
He further criticized the bill for its contradictory provisions, such as allowing non-Muslims on Waqf Boards while restricting their ability to create or donate to waqfs. The letter also stressed that the Bill could marginalize the Muslim community by reducing their representation in decision-making processes, exacerbating tensions, particularly in IIOJK.
Wani urges meaningful engagement with Muslim leaders and calls for international advocacy to protect waqf governance and religious rights of Muslims in India and IIOJK.
The full text of the letter is provided below:
His Excellency
Hissein Brahim Taha.
Secretary General,
Organization of Islamic Cooperation (OIC)
Jeddah, Saudi Arabia.
Subject: Urgent Appeal to OIC Regarding the Waqf Amendment Bill
Dear Secretary General Taha,
I am writing to raise serious concerns regarding the Waqf (Amendment) Bill, 2024, introduced by Union Minister for Minority Affairs Kiren Rijiju in the Lok Sabha on August 8, 2024. This Bill poses significant risks to the management and autonomy of waqf properties, which serve as vital resources for maintaining mosques, schools and social services. Any alterations to their governance could undermine the religious and cultural rights of the Muslim community, particularly in sensitive regions like Kashmir, threatening their ability to sustain these essential institutions.
The proposed amendment Bill severely weakens waqf administration by stripping State Waqf Boards of their existing powers and transferring key functions, such as determining waqf property, removing encroachments and registering waqf lands, to revenue officials, who may lack the necessary expertise and commitment to waqf preservation. This shift undermines the autonomy of waqf institutions and risks bureaucratic interference. The unnecessary renaming of the Act dilutes its historical significance, while the Bill’s contradictory stance on non-Muslim involvement, allowing them to serve on Waqf Boards but barring them from creating or donating to waqfs, creates inconsistencies in governance. Furthermore, the redefinition of waqfs under Section 3 alters their traditional legal standing, potentially weakening their foundational protections.
This bill has the potential to undermine waqf institutions and their historical autonomy. A major issue is the impractical timeline for digitization. While the United Progressive Alliance government initiated the National Waqf Assets Management System in 2009–10, as of September 1, 2024, only 42% of records (3,66,432 properties) have been digitized. With 58,878 properties under encroachment, Section 3(B)(1) of the Bill, which mandates complete digitization within six months, is unfeasible and risks erasing legitimate waqf claims.
Most importantly, the claim that waqf is the third-largest property holder after the Railways and Army is misleading, as Hindu religious institutions in just Tamil Nadu andhra Pradesh and Telangana alone hold over 10,37,358 acres. The Bill’s deletion of Sections 107 and 108 further weakens waqf protections. Section 107’s removal makes waqfs vulnerable by imposing the Limitation Act, 1963, barring claims after a specific period, unlike Hindu endowment laws that retain similar exemptions. Secondly, the removal of Section 108 strips waqfs of overriding legal status, despite similar provisions existing in Hindu endowment laws. By centralizing waqf governance while Hindu endowments remain under State control, the Bill creates an unfair legal disparity, eroding religious rights.
The Waqf Amendment Bill presents a significant challenge to the autonomy and representation of the Muslim community in the governance of their religious and cultural assets. By altering the composition of the Waqf Board, the Bill threatens to diminish Muslim representation in key decision-making processes, potentially resulting in policies that do not reflect the community’s interests. This exclusion risks further marginalisation, weakening religious freedoms and disrupting the vital social cohesion that waqf institutions support.
Furthermore, the imposition of redundant legal and procedural requirements on waqf management is likely to create unnecessary bureaucratic obstacles for local trustees and community leaders. Such complications may give rise to disputes, worsening tensions in an already delicate socio-political environment. In regions such as Kashmir, where religious identity is closely intertwined with political realities, any perceived encroachment on waqf properties could escalate divisions and deepen communal strife.
Given the broader concerns surrounding policies affecting minority communities in India, it is essential that Muslim leaders are meaningfully engaged in discussions on the Bill. The Organisation of Islamic Cooperation must remain vigilant and advocate for the safeguarding of religious rights. Protecting waqf governance is crucial, not only for preserving communal harmony but also for fostering stability and trust in regions marked by historical tensions.
Yours sincerely,
Altaf Hussain Wani
Chairman Kashmir Institute of International Relations
Tel: 051 8356310,
Cell # +92 300 5142164
