Category World News

The minority population in India has been frightened and outraged by a proposal from the country’s ruling Hindu nationalist government to change the laws governing Muslim endowments.

According to Prime Minister Narendra Modi, the government’s plan to improve the effectiveness of what are known as waqf bodies, which regulate these properties, is to combat corruption.

The proposed changes are necessary for reforms, according to the ruling Bharatiya Janata Party (BJP), but critics claim that the move will make Muslim-given properties more susceptible to disputes and demolitions.

The properties in question include religious institutions, mosques, shops, shrines, graveyards and thousands of acres of land.

What are the details of waqf properties, and who oversees them? And why is the government proposing to alter the waqf bodies?

What is waqf?

Waqf refers to any moveable or immovable personal property that Muslims will give to others for religious or charitable purposes.

Since the 12th century, a practice that is prevalent in Muslim societies around the world has been integral to Muslims’ socioeconomic and religious lives.

Waqf properties can be established through a formal deed, an oral presentation, or through a property’s continuous use for religious or charitable purposes.

A property becomes a waqf after being declared by God (Allah), and it is then subject to the prohibition of selling or using it for any other purposes.

“Waqf is an essential feature of Islamic civilisations”, Faizan Mustafa, an academic and legal scholar, told Al Jazeera.

“The Western idea of trust was borrowed from the Muslim concept of waqf”, Mustafa, who is based in the southern Indian state of Telangana, told Al Jazeera.

Waqf come in three different varieties. Public waqf involves schools and hospitals. The family waqf permits the sharing of donor’s income with both donors’ families and heirs. Finally, the third category involves a mix of private and public use of donations. Private waqf, for instance, allows the proceeds to be used for a specific group, such as students.

In India, waqf properties are spread across nearly 1 million acres (approximately 1562.5 square miles), nearly twice the size of Mauritius. They are looked after by 32 government-established waqf boards in the country’s states and federally run union territories.

The boards in every state comprise government nominees, Muslim legislators (current, or where none are available, former lawmakers), scholars, and caretakers (mutawallis) who oversee property administration. All must be Muslims.

The federal government is consulted by the Central Waqf Council (CWC), which also oversees state-level waqf boards in India. The members are selected by the federal government, some elected and others nominated. At least two women must be a part of it.

In India, how was the Waqf traditionally run?

The Waqf Act of 1995 regulates the governance of waqf properties in India.

The Mussalman Waqf Validating Act was passed under British colonial rule in 1913, but it has been in place since then. The 1923 Mussalman Wakf Act followed this.

After India gained independence, the Central Waqf Act of 1954 was introduced, which was eventually replaced by the Waqf Act of 1995 to streamline the governance of these properties.

In order to improve protections for waqf properties, the Act’s most recent amendment was introduced in 2013. The amendments introduced penalties like imprisonment for encroachment and explicitly banned the sale, gift, exchange, mortgage or transfer of waqf properties.

It also widened the scope of waqf to include property donated by any person, including non-Muslims. But the current bill reverses this provision.

Religious minorities were given special rights by the founders of India to preserve their identity and culture. Article 26 of India’s constitution allows minorities to form and run religious and charitable institutions. Moreover, the state is not allowed to interfere with personal matters of religious minorities in the areas of marriage, divorce, inheritance and family relations.

However, the ruling BJP in India claims that Sharia (Islamic law)-based personal laws violate Article 14’s call for equality before laws.

What are the proposed amendments?

More than 40 amendments are proposed in the bill to change the waqfs’ governance from the boards to state governments.

The proposed amendment allows non-Muslims to serve on the waqf board, even though the current requirement for its CEOs is for them to be Muslims.

In the case of other religious and charitable trusts, however, CEOs are required to belong to their respective religion.

A state-constituted tribunal with a judicial officer, a civil service officer, and an expert in Muslim law is required by the Waqf Act to resolve disputes involving waqf property. Similar to a court, but it only deals with waqf-related issues.

Under the new bill, the tribunal’s decision could now be challenged in a high court. Under existing laws, tribunal decisions are final. Using an expert on Muslim law has also been removed from the tribunal, under the proposal.

Former Indian minister of minorities Syed Mahmood Akhtar claimed the waqf tribunal was established to relieve regular courts of its burden.

“The idea was to create a judicial body as strong as courts with a single work of only deciding waqf matters”, Akhtar, who framed the 2013 amendment, said.

The data shows that 40, 951 cases are pending in tribunals, from which 9, 942 cases were filed by the Muslim community against the institutions managing waqf.

Users’ removal of waqf is another suggestion that has alarmed the Muslim community. These are considered waqf properties because of their use for decades, even centuries, but they do not have formal documents. Up to 60 percent of waqf properties fall into this category, according to experts.

“Since many waqfs are 500-600 years old, proper documentation may not be there”, Mustafa, the legal expert, said, adding that Muslims fear that their graveyards, mosques and schools will be subjected to legal disputes now.

The bill states that any government property that has been identified as waqf will no longer be considered waqf.

Waqf properties are already governed by law under the supervision of the central and state governments, according to Malik Motasim Khan, vice president of Jamaat-e-Islami Hind, an organization that promotes religion in India.

“Everything is finalized under the supervision of law and government,” he said. The problem is the mind of the government”, Khan said.

Why is there a need to reform the Waqf laws in India?

No changes to a waqf property could be made because of the government’s claims that there isn’t diversity in the waqf boards, alleged corruption, and irrevocability of the waqf properties.

Additionally, the bill removes waqf bodies’ authority to file encroachment lawsuits. At least 58, 929 waqf properties have been encroached upon, according to government data.

Many scholars and activists for the Muslim community acknowledge that waqf boards frequently exhibit mismanagement and corruption, which results in low revenue generation.

The government proposal attempts to alter the waqf bodies’ fundamental structures in order to ensure state control, they claim, but does not address those issues. Non-Muslims may be able to make up the majority of the waqf boards and central waqf council if the amendment is approved.

Following opposition protests, the bill was sent to a joint parliamentary committee after the government introduced it in the parliament in August.

By December 20 the committee, which includes members of the ruling party and the opposition, had planned to submit its report, but an extension has been extended to February 2025, at the request of the members.

Fears among Muslims are misplaced, according to Atif Rasheed, the BJP representative for Pasmanda Muslims, a minority group that is economically underrepresented in the minority.

“Claims that mosques or graveyards will be taken over are unfounded, as no such provisions exist in the proposed amendments”, he told Al Jazeera.

“The changes, he said, are aimed at” ensuring more accountability by digitising and auditing properties.

“Many waqf properties are rented out, but corruption has plagued their management. The income from these properties must be held accountable”.

In line with India’s secularism, Rasheed also defended the inclusion of non-Muslims on waqf boards.

He told Al Jazeera, referring to the parliamentary committee that was studying the bill, that “anyone who has concerns can submit their suggestions to the JPC can do so.”

Minister of Minority Affairs Kiren Rijiju claimed that misinformation was being spread about the amendment bill after it was introduced.

“Some groups are disseminating false information that the government wants to annex Muslims’ territories.” It has to stop at the earliest”, the minister said, according to reports.

Because it deals with mismanagement and illegal land possession, several Muslim organizations have contacted me and backed the bill. He stated that the committee will examine the responses the committee received and that the center has a good intention behind introducing the bill.

Arshad Madani, the president of the Jamiat Ulama-i-Hind, while addressing a gathering in Bihar’s capital Patna, said that “India’s secular constitution has given Muslims full freedom to follow personal laws based on Quran and Sunnah”.

Madani expressed surprise at the prime minister’s recent assertion that waqf should not be included in the constitution.

“If the prime minister has said this about waqf today, tomorrow he may also claim that prayer, fasting, Hajj, and zakat are not mentioned in the constitution, and therefore, they should be banned”.

Why are Muslim organizations protesting the proposed Waqf reform bill?

The changes, according to Muslim leaders and activists, aim to end Muslims’ constitutionally protected right to run their institutions and result in the squander of thousands of acres of land.

Sadia Khan, a 28-year-old social science student from New Delhi, told Al Jazeera, “There are currently management issues with the waqf properties everywhere, but it does not mean Muslims should be completely denied their religious rights over these institutions.”

Better reforms are necessary, but they must be consulted by stakeholders, she said, not to mention the fact that members of the Muslim community have not been.

Mujibur Rehman, author of Shikwa-e-Hind: The Political Future of Indian Muslims, says waqf bodies require reforms – but not those which the BJP is offering.

“I believe that reform is necessary from the perspective of governance.” Can the current laws allow for that change? Yes”.

Kamal Faruqui, spokesperson of the All India Muslim Personal Law Board, which works to safeguard Islamic law in India, agreed with Khan.

He claimed that the government’s goal is not to “demolish all those institutions that are promoting the welfare of Muslims,” but rather to “end corruption and mismanagement.”

Former waqf board auditor Faruqui claimed the government’s goals are to “humiliate the largest minority by appealing to their majority vote bank.” This strategy aims to divide the entire nation.

Rehman, who teaches at Jamia Millia Islamia University, also pointed out the dangers of Muslims being targeted.

“In states such as Uttar Pradesh, the state government, which has been hostile to Muslims, might use the amendments to go after Muslim places of worship as a good number of mosques might not have land records”, he said.

The state has the largest waqf land bank in the nation, home to 40 million Muslims, and has the largest waqf land bank in the state. Data shows that Uttar Pradesh has 162, 229 waqf properties. Yogi Adityanath, the state’s chief minister, is in charge of the state, where Muslims have accused of institutional bias and growing polarization.

Mustafa, the legal expert, said that the proposed amendments will drastically curtail the powers of the waqf boards.

He warned that “the proposals may go in the opposite direction” if they aren’t improving the efficiency of waqf’s administration.

“Many people, ironically, think that waqf boards are some private Muslim organizations. The government’s statutory bodies are the waqf boards. Almost all the members of the waqf board, except a few elected people, are nominated by the government”.

How valuable are waqf properties?

The government data shows that there are 807, 000 properties across 904, 000 acres. These assets are thought to be worth about $14 billion.

Most of the properties are located in states such as West Bengal, Uttar Pradesh, Kerala, Andhra Pradesh and Karnataka.

Experts note that many of these properties are situated in urban areas, particularly in city centers, and have a market value that is several times higher than the book value.

For instance, the 2006 Sachar Committee Report on inequality, headed by Justice Rajinder Sacher, found that in New Delhi alone, the value of waqf properties then exceeded $720m. However, despite these properties ‘ considerable size and value, they generated only $19.5m in annual income – or about 2.7 percent.

Chef Mahmoud’s passing seems strange to me.

When someone mourns a stranger, their true self is rendered into obscurity. I hesitate to grieve a brother I never had, a laugh I never heard, secrets I never learned, arguments and breakfasts we never shared. I regret the handshake I can never give him, for feeding countless people who might not survive in a world where I may never return.

I hesitate, even as the deceased faced a cruel death, a death only possible in Gaza. I hesitate, even as I know his loved ones. Even knowing my family’s name, I can recall his brother’s expressions of gratitude when he described their work in Gaza’s North.

But when all is said and done, we know how this ends. He dies unjustly, and like a genetic imprint, we feel some burn of an old scalpel in our chest, the burn of a question, The Palestinian Question.

How do I turn this victim into a hero? No no … how can I make this hero a victim?

Can we do both”?

As if it’s the English language that decides.

*

To a child, a “hero” wears a mask. Chef Mahmoud, however, was unmasking. His face was immediately visible. His family was immediately made known. They still are.

To an adult, a “hero” wears an army uniform and takes lives. Mahmoud’s only action was to save lives. He had no defence of camouflage, not even a rifle. The ladle in his hand, which saved thousands of dollars, was his only weapon.

How can anyone who is not a hero, whether fictional or real, be more courageous to defend themselves? Will the world ever comprehend such a person’s genuine humanity? Is it lost in translation?

The language of deeds, which is the one that Palestine is most proficient in, seems to have lost fluency. The richest poetry Mahmoud Almadhoun wrote in that language left his mark on.

There is the burn again. I sense that my youth was wasted elsewhere, away from men who Palestine could produce. Away from families who, under the crushing weight of an inevitable famine, say, “No thank you. We are too creative to starve, too upright to uproot”.

Or “you can hold a rifle to my head and strip me to my underwear, but I promise, you will never find what you are looking for. You can never stop Gaza’s heart from beating. You cannot kidnap it into cowardice, impoverish it into dependency, or parch it into silence. I will stay here, forever”.

And there he stayed. Forever.

*

Chef Mahmoud’s passing seems strange to me.

At first, I wanted these words to exalt him. My chest burned, I believed that was the cause. But it still burns, and now I realise: none of this exaltation is for me, for the Almadhoun family, or even for us Palestinians. No. I’m actually putting together these English words to invoke our colonisers’ humanity in the hopes of extraterrestrial life by proxy, like a space capsule.

I suddenly understand how important it is to keep any emotional asides in plain parentheses, ten words or less, and to change my tone. (I detest the necessity of our deaths. I detest the fact that we are able to predict the death toll and how by relying on a mass murderous colonizing force that kills food workers and massacres our families without even realizing it. In case there is a discrepancy in my writing flow that doesn’t convince the reader that genocide is worthwhile stopping, I detest having to be clear and proofread this. I look at the time.

At 3 a.m., I finally understand what the burn is, pretending through words, and pretending this kind man’s death is not devasting me for four hours. &nbsp, We Palestinians know who we are. Israel is known to us. The world can see what is still there, though.

As a world, you told us to endure the worst terrors and humiliations of the occupation, without turning to violence.

Even though Israel has bombed every school, you advised us to teach love and science to our children.

You told us&nbsp, to sing and smile and cook through our suffering.

You told us&nbsp, not to be beggars, nor to starve in silence.

You told us&nbsp, to resist, but without any weapons.

To count on your “eyes” to defend us.

Chef Mahmoud did all of those things. and was killed by a drone strike.

Are we now your perfect victims?

According to Shincheonji Church of Jesus, a South Korea-based religious group, over 4,000 members of the church who recovered from COVID-19 are willing to donate plasma for developing a new treatment.

Mr. Man Hee Lee, founder of the Shincheonji Church, said that members of the church are advised to donate plasma voluntarily. “As Jesus sacrificed himself with his blood for life, we hope that the blood of people can bring positive effects on overcoming the current situation,” said Mr. Lee.