Govt can’t interfere in Waqf: Muslim leaders in Ladakh slam Act

Religious leaders and community representatives in Ladakh have expressed strong reservations about the recently introduced Waqf Act, calling it a violation of minority rights and religious autonomy.

Outside ambit of state

Sheikh Naazir Ul Mehdi, president of Jamiat Ul Ulama Isna Asharia Kargil, said the bill challenges the very foundation of Waqf, which is rooted in Islamic jurisprudence.

“This is a religious matter specific to Muslims,” he said, adding that ‘interference from other religions is unjust and goes against our Constitution’.

Sheikh Naazir explained that Waqf is a system through which Muslims dedicate personal property for religious or charitable purposes such as schools, mosques, or helping the underprivileged.

“Following the rules of Waqf is mandatory for Muslims,” he said. “If the government donates property under Waqf, it can ensure proper use. But when an individual dedicates property, the government has no right to interfere,” he added.

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Sheikh Naazir emphasised that Waqf literally means ‘restriction’, implying it is protected from outside control, including that of the state.

“If violations happen within Waqf properties, the government can act as per existing Waqf rules. But bringing the entire system under direct government control is not acceptable,” he stated.

Misguided, harmful decision

Meanwhile, Sheikh Sadiq Rajai, chairman of the Imam Khomeini Memorial Trust Kargil, expressed strong disapproval of the recent amendments to the Waqf Act. He called them a misguided and potentially harmful decision by the government.

“What the government has done is deeply inappropriate,” he said, adding that 'every religion in this country is granted freedom to manage its religious affairs, and the Constitution upholds that right'.

“Waqf enables us to carry out community development and religious responsibilities. It is not a political or administrative entitlement. Its operations are guided by Islamic rulings, not by government discretion,” he said.

Sheikh Rajai warned that if the government, without fully understanding the religious intricacies of the Muslim community, attempts to alter the Waqf system, it could damage not just Muslim institutions, but the social fabric of the entire nation.

“Any interference without proper knowledge of religious functioning is disappointing, and frankly, a wrong decision. Such moves could lead to division and unrest.”

He also pointed out that the idea of dedicating property for religious purposes exists across all faiths. “Waqf is not unique to Islam. Similar concepts exist in every religion. Be it a Buddhist monastery, a Hindu temple, a Gurudwara, or a church, each has its own system, managed by representatives or priests according to their beliefs,” he noted.

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Sheikh Rajai also highlighted the internal diversity within Islam itself. “Even among Muslims, Shias and Sunnis have their own traditions of managing Waqf and handling its finances. Religious matters must be handled by the people of that faith not by outsiders or the state.”

He added all religious institutions in Ladakh, regardless of faith, share a united stance on the issue. “We collectively oppose this bill. It is our responsibility to protect our religious institutions and the sanctity of our places of worship,” he added.

Conspiracy to destabilise Muslim identity

Dr Abdul Qayoom, president of Anjuman Moin-ul-Islam Leh felt the bill is “a conspiracy to destabilise the identity of Muslims”. Further, the move targets a specific religion and can weaken the socio-economic structure of the Muslim community.

Also, Dr Qayoom noted that while there are currently few Waqf properties in Ladakh, the implications of the bill could unfold over time.

“We had already registered our protest before the bill was passed,” he said. “The government wants to take over these lands and use them as it sees fit," he said, adding that his organisation functions as a social body, with properties like graveyards provided by the government.

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“Compared to the rest of India, Ladakh has fewer Waqf properties. But the issue still matters,” he said. And pointed out that those supporting the bill often have personal motives.

“Educated individuals with a conscience, especially Muslims, are not in favour of this bill. We are being specifically targeted. We have to stay patient and calm. We have seen such times before and this too shall pass,” he added.

Dr Qayoom said that they stand in solidarity with Muslim organisations across the country. He pointed to Bodh Gaya, where Buddhist monks are protesting the inclusion of Hindu members in their temple committee, as an example of religious overreach.

Not a Muslim institution anymore

Ladakh MP Mohamad Hanifa Jan too was disappointed with the bill. He said that during the Joint Parliamentary Committee (JPC) discussions, it was clear the bill would pass because it’s a 'numbers game' in Parliament.

He was upset that the JPC did not allow for a proper debate.

“The Opposition’s voice wasn’t heard. The majority view prevailed without real discussion.”

The Union Minister of Minority Affairs while presenting the bill had said the bill aimed to address loopholes like lack of transparency, corruption, and the failure to uplift poor Muslims.

Hanifa Jan acknowledged these issues but felt the bill went beyond its stated intent.

“Yes, discrepancies may exist, but features like the termination of ‘Waqf by user’ and the inclusion of non-Muslims in Waqf boards suggest a different motive. It is paralysing the institution of Waqf, that’s why I have strongly opposed this bill,” firmly stated the Ladakh MP.

He warned that many old Waqf properties lack formal documentation, as they were declared verbally in the past. “This bill can put centuries-old properties under dispute,” he said, adding that including public representatives, most of whom may be non-Muslims, undermines the Waqf board’s purpose.

“It no longer feels like a Muslim institution,” he stressed.

Also read: Nadda: Centre doesn't want to control Waqf Boards, it wants to ensure they operate within law

Questioning the government’s selective listening he asked, “Why is the government listening to only a few voices? Most Muslim organisations have spoken out against this bill.”

Limited impact in Ladakh

Although Ladakh currently lacks an official Waqf Board, informal Waqf practices are frequently observed in Kargil. Hanifa Jan noted that in earlier times, most declarations were verbal. “The push for new registrations will require old documents that no longer exists and this can lead to disputes over these properties. This is why there’s widespread opposition,” he said.

Political activist Sajjad Kargili remarked that while Ladakh may see limited direct impact from the Waqf Amendment Bill, larger states like Maharashtra, Uttar Pradesh, and Bihar will bear the brunt of it.

“Ladakh is a small piece in this picture. States with a larger Muslim population will feel the real consequences. We stand in full solidarity with their peaceful protests,” he affirmed.

Targeting Muslim community

Kargili also referred to a point raised in Parliament by senior advocate Kapil Sibal, drawing a parallel with the triple talaq bill. “When the triple talaq bill was introduced, the government claimed it was to protect Muslim women. But if that concern is genuine, why aren’t the same rights extended to the wider Muslim community?” he asked.

He supported Maulana Kalbe Jawad’s argument, who had questioned the government’s intention behind the bill. “If the concern is truly about ending corruption in Waqf and ensuring Muslim welfare, then why not apply the same principle to Hindu religious institutions? Temples hold vast amounts of cash and gold—shouldn’t that wealth also be used for underprivileged Hindus?” asked Maulana Jawad.

Also read: Waqf protests: Over 100 arrested for Murshidabad violence

Kargili further questioned the logic behind including non-Muslims in Waqf Boards while excluding Muslims from Hindu religious boards.

“If non-Muslims are allowed in Waqf governance, then why not include Muslims or people from other communities in temple boards? Why not bring a uniform law for all religious bodies?” he said, expressing concern about the broader atmosphere of division and mistrust.

“There was a time when we celebrated each other’s festivals. Today, those very events have become points of tension. A hateful environment has been growing over the years,” he shared.

Kargili urged not just Muslims, but secular voices within the majority community to stand up.

“This is not just about Muslims. Today, it’s our turn, tomorrow it can be any other community. We’ve already seen it with the farmers’ protests, CAA, triple talaq and the abrogation of Article 370. If these moves go unchecked, it’ll hurt everyone,” he warned.