Waqf: A Welcome Pause

(MENAFN- Kashmir Observer)
Representational Photo

The Supreme Court's observations and interim intervention in the implementation of the amended Waqf Act, 2025, mark a timely and necessary pause. The central government, on its part, has told the Court that it will put on hold at least two contentious provisions of the Waqf Act, 2025- the concept of 'waqf-by-user' and representation of non-Muslims on waqf boards till the next week. This is an acknowledgement of the fact that in a pluralistic society like India, religious sentiments of any community need to be handled with sensitivity and care.

The backlash against the amended law hasn't come out of nowhere. It reflects real anxiety and unease among many in the Muslim community. The provision of waqf-by-user, which says that land can be treated as waqf if it's been used for religious or charitable purposes over time - even without official records – is a legal grey area. In a land where property disputes already drag on for decades, where documentation is patchy at best in many places, this clause opens the door to more confusion, conflict, and perhaps even social unrest.

Then there's the matter of appointing non-Muslims to waqf boards. While representation is generally a good thing in public institutions, religious bodies work a bit differently. For many Muslims, the waqf is not just another administrative structure – it's deeply tied to faith, to history, to a community's way of giving back. Having outsiders manage or influence its working feels intrusive, even disrespectful. These are not just political or legal concerns – they touch something much more emotional and personal.

To its credit, the government has promised the Court that it won't move forward with these changes until a proper hearing happens. This is a welcome gesture. But more than legal back-and-forth, what is needed now is honest conversation. Reforms, if they are genuinely meant to improve transparency and governance, should be discussed openly with the people they impact the most.

And one can hope that the central government has good intentions and wants to do right by the Muslim community. There's certainly the need for reform in Waqf. It is important to know what happens to the large amounts of money collected at the Waqf administered religious places and institutions. Also, the Muslim leaders need to introspect whether the Waqf properties have been used for the welfare of the community. More specifically, whether they have been used to build hospitals and educational institutions. That said, the inefficient use of resources or corruption is not just limited to Waqf but something that afflicts religious bodies across the communities. So, to pick up Waqf selectively for reform is a decision that the government should reconsider. For now, the case is in the Supreme Court and we can hope that its decision will address the fears of the Muslim community and, meanwhile, the government too would make efforts in this direction.

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