India's Progressive Waqf Bill Outpaces Western 'Liberal', and Muslim-Majority Countries

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.

- ABHINANDAN MISHRA

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 Waqf 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.