Why Indian Muslims Must Resist
– Dr. M. Iqbal Siddiqui
The Waqf (Amendment) Act, 2025, which has been deceptively renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, is neither empowering nor developmental for the Muslim community in India. Instead, it represents an unprecedented legislative intrusion into a religious endowment system protected under Islamic law and the Indian Constitution. Rushed through Parliament without meaningful debate, the Act received approval in the Lok Sabha on April 3, was passed by the Rajya Sabha the following day, and secured presidential assent on April 5, taking effect on April 8. This haste, accompanied by substantial constitutional violations, reflects an orchestrated attempt to dismantle one of the oldest and most sacred Muslim institutions in India, violating not only constitutional provisions but also the spirit of Indian secularism. This watershed moment calls for active resistance, resilience, and resolve from the Muslim community and all defenders of democracy and secular constitutionalism.
The Sacred Philosophy of Waqf
At the heart of the concept of Waqf lies a profound Islamic ethos – of perpetual charity (sadaqah jariyah), intergenerational justice, and communal upliftment. It is a sacred trust: the property is withdrawn from commercial circulation and dedicated for divine purposes—building mosques, educating the poor, housing orphans, and healing the sick.
This selfless institution has served as the backbone of Muslim civil society for centuries. The Waqf is not merely real estate – it is religious continuity embodied in land, brick, and community. To dismantle it is to sever the soul of an entire people.
A Legal and Constitutional Onslaught
The Waqf Amendment Act 2025 represents a serious erosion of Muslim religious autonomy and constitutional rights. By abolishing the concept of “waqf by user,” the Act allows state and private entities to claim historically recognised waqf properties – such as mosques and graveyards – potentially reclassifying them as state assets. It shifts quasi-judicial powers from Waqf Boards to politically influenced district collectors, undermining community self-governance.
The repeal of Section 107 of the 1995 Act removes protections against adverse possession, making waqf lands vulnerable to encroachment. While the inclusion of Muslim women, sects, and even non-Muslims on Waqf Boards is projected as inclusive, it is seen as a token gesture that fails to compensate for the loss of autonomy.
Constitutionally, the Act violates:
- Article 26: Denying Muslims the right to manage religious affairs and property,
- Article 25: Interfering in religious obligations,
- Article 14: Discriminatory targeting of only Muslim institutions,
- Federalism: Centralising powers meant for states.
No similar interventions exist in laws governing Hindu or Christian religious endowments, exposing the communal bias of the legislation.
From Regulation to Repression
The 2024 Bill raised red flags by allowing excessive Central oversight. But the 2025 Amendment goes further, crossing the Rubicon:
- Abolishes all State Waqf Boards, centralising power in an unelected bureaucratic body.
- Allows the Union Government to lease, de-notify, or repurpose Waqf land without consent.
- Removes the community’s right to appoint mutawallis (custodians of Waqf properties).
- Overrides State authority, violating the federal character of the Constitution.
It replaces religious trusteeship with government trusteeship, inverting the very idea of a plural, decentralised republic.
A Pattern of Marginalisation
This Amendment is not an isolated act. It follows a series of assaults on the Muslim identity:
- Madrasas are maligned and monitored.
- Mosques face encroachments, demolitions and bureaucratic harassment.
- Muslim charities are defunded, and their autonomy abolished.
The message is clear: Muslim institutions are to be stripped of their independence and placed under majoritarian supervision. It is a form of civilisational erasure cloaked in legal language.
Government’s Defence and the Flimsy Veil of Reform
Union Minister Kiren Rijiju defended the Act by claiming it would promote transparency and curb corruption in waqf management. But such justifications collapse under scrutiny. If reform was indeed the goal, why was there no consultation with community stakeholders? Why was the amendment passed with such unseemly haste? Why remove safeguards that have existed for decades?
Transparency does not require dispossession. Efficiency does not necessitate disenfranchisement. These justifications are fig leaves, hiding a more sinister motive: the bureaucratisation and eventual alienation of waqf land.
The Growing Resistance
The Waqf Amendment Act 2025 has triggered widespread legal, political, and public resistance across India. At the forefront is the All India Muslim Personal Law Board (AIMPLB), which, along with its allied organisations, has initiated both legal challenges and grassroots mobilisation. The Board has convened legal experts, raised public awareness, and coordinated nationwide protests. The Board itself, Jamiat Ulama-i-Hind, Jamaat-e-Islami Hind and Association for Protection of Civil Rights have already filed petitions in the Supreme Court of India, while various local and regional Muslim groups have joined them.
Political opposition has come from the Congress, CPI, and AIMIM. Notably, Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi have filed writ petitions in the Supreme Court, arguing that the Act infringes upon fundamental rights guaranteed by the Constitution.
Public protests have erupted in several parts of the country, reflecting the community’s deep anxiety and sense of betrayal. Major demonstrations have been reported in Lucknow (outside the Waqf Board office), Delhi (near Jama Masjid), Hyderabad (led by local Muslim organisations), Mumbai (Azad Maidan), Kolkata (West Bengal), Bhopal, Murshidabad and Unakoti (Tripura). These protests underscore the widespread outrage over the Act’s attack on Muslim autonomy, religious rights, and institutional governance.
Why Muslims Must Fight Back
The Muslim community must understand that the fight against the Waqf Amendment Act is not merely a legal or administrative battle – it is an existential one. If the state can appropriate waqf properties today, it can erase Islamic institutions tomorrow. If the community does not resist now, it may soon find itself without the constitutional tools to do so later.
Strategic Avenues of Resistance
- Legal: The Act must be challenged across constitutional courts with a coordinated litigation strategy led by Muslim lawyers, bar associations, and civil rights groups. Legal petitions should highlight violations of Articles 26, 14, and 21 of the Constitution.
- Intellectual: Universities, media, and civil society must host articles, seminars, and debates to counter the official narrative. It should be made clear that the issue is not a sectarian concern, but as a democratic and constitutional crisis; hence every citizen concerned about the democratic and secular character of the country should come forth.
- Political: Muslim voters must demand accountability from political parties – democratically punishing those who backed the amendment and questioning those who stayed silent. Alliances with secular and democratic forces must be deepened to build a collective front.
- Social: Community spaces such as madrasas, masjids, and local institutions should serve as centres for raising awareness. Friday sermons (khutbahs) should educate congregants about the implications of the law. It is essential to actively engage youth, elders, and women’s groups in these efforts to ensure comprehensive mobilisation within the community.
Resistance against Injustice is Ibadah
The Waqf Amendment Act 2025 is not merely a legal document – it is a political declaration. It declares that the Muslim community can no longer be trusted to manage its own religious affairs. It declares that centuries-old traditions can be erased by legislative fiat. It declares that constitutional safeguards are disposable.
But the Muslims must respond with their own declaration: that it will not go gently into that good night. That they will fight back – not with violence, but with law, pen, and solidarity. That they will resist – not only for their own sake but for the soul of India’s secular democracy.
Fighting back is not just a right; it is a religious duty. As the Qur’an reminds us: “Indeed, Allah does not change the condition of a people until they change what is in themselves.” (Qur’an 13:11)
The last Prophet ﷺ said, “The best type of Jihad (striving in the way of Allah) is speaking a true word before a tyrant ruler.” (Abu Dawood and At-Tirmidhi)
The battle against the Waqf Amendment Act is a test of Muslim will, Indian democracy, and constitutional resilience. Let history record that the community did not fail this test.
An Appeal to the People of India
We, the concerned citizens and members of India’s largest religious minority, appeal to all those who cherish constitutional democracy, rule of law, and religious freedom:
- To every Indian who believes in secular values and equality, we urge you to stand with us.
- To our fellow countrymen and women who hold dear the values of our freedom struggle – do not let them be extinguished.
- To all citizens who uphold human rights, freedom of religion, and dignity of all communities – raise your voice in solidarity.
The Waqf Amendment Act 2025 must be opposed as an anti-constitutional, anti-minority, and anti-democratic legislation. This is not a sectarian cry; it is a national duty. The time to resist is now.
The Muslim community must take the lead, but the struggle demands the unity of all democratic forces. This is not just an attack on Waqf – it is the opening salvo in a larger battle for the very soul of India.
[The writer is Assistant Secretary, Jamaat-e-Islami Hind]
