'Do not mislead Muslims': Kiren Rijiju responds to Zakir Naik's criticism of Waqf Amendment Bill

Union Minister Kiren Rijiju came down heavily on controversial Islamic preacher Zakir Naik for his call to the Muslims in India to voice their objection to the Waqf (Amendment) Bill.

Asking Naik not to mislead Muslims, the parliamentary and minority affairs minister, in his response to Naik's video on X, warned against “false propaganda”.

Naik had posted a video on X on September 8 highlighting, what he termed as, the dangers of the Waqf Amendment Bill, and urged the Indian Muslims to register their protest with the parliamentary committee.

Claims and counter-claims at joint parliamentary committee meetings

The Joint Committee of Parliament meetings on the Waqf (Amendment) Bill has been witnessing claims and counter-claims from the opposition and government bodies. The committee is by BJP's Lok Sabha MP Jagdambika Pal and comprises 21 members from Lok Sabha and 10 from Rajya Sabha.

Opposition members in the panel said that a large number of Waqf properties have been in "unauthorised" possession of government bodies, including the Archaeological Survey of India (ASI). To support the claim, AIMIM's Asaduddin Owaisi submitted a list of 172 Waqf properties in Delhi alone, which, according to him, were in the unauthorised possession of the ASI.

The archeology body had earlier claimed that over 120 of its protected monuments were claimed by different Waqf boards, and also accused them of unauthorised constructions. It had also shared a list of 53 of such protected monuments.

Similar charges against the Waqf board were raised by the urban affairs and road transport ministries, and the Railway Board.

The Waqf (Amendment) Bill explained

The Bill seeks to amend the 1995 Waqf Act, and proposes sweeping changes to how Waqfs are governed and regulated. It was tabled by Rijiju, but was immediately criticised by the opposition parties, who termed it “anti-minority” and “unconstitutional”. It has since been referred to a Joint Committee of Parliament.

Waqf property refers to a moveable or immovable property dedicated in the name of god for religious and charitable purposes under the Islamic law. A Waqf property is non-transferable, and its proceeds are usually used to fund mosques, educational institutions and graveyards, among other things. A custodian is appointed for each property by the Waqf board, who ensures its proceeds are used for intended purposes.

There are 30 Waqf boards in India, and 8.7 lakh properties across 9.4 lakh acres under their control. The Central Waqf Council (CWC), set up in 1964, oversees and advises the Union government, state government and Waqf boards on the management of the properties.

Some of the changes proposed by the Waqf (Amendment) Bill are:

• Renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

• Formation of a Central Waqf Council and state Waqf boards, with representation for Muslim women and non-Muslims. Two women to be appointed in all state boards as well as the central council.

• Waqf boards must register their properties with district collectors, and the power to decide whether a property is a Waqf property or not rests solely with the collector, unlike the Waqf tribunal as in the 1995 Act.

• Creation of a separate board of Waqf for Boharas and Aghakhanis.

• The Union government can direct the audit of any Waqf by an auditor appointed by the Comptroller and Auditor General of India.

• A valid waqfnama - a deed or a document through which a person expresses an intention to donate a property – will be mandatory. Presently, a person can declare a property Waqf through an oral agreement.