By Syed Zubair Ahmad
The proposed Waqf Amendment Bill has sparked concerns among many in the Muslim community, as it is perceived to be a legal tool aimed at systematically stripping away Waqf properties from Muslim hands. Waqf properties are donated by individuals for the betterment of the Muslim community and, upon donation, these properties are considered to belong to God. The fundamental principle is that such properties cannot be sold or transferred under any circumstances, regardless of the situation. These assets may be developed for commercial purposes, but their legal status as Waqf property remains intact. However, the proposed amendments could potentially alter this protection, making it easier for individuals or organizations to acquire such properties, legally overriding centuries-old traditions and religious guidelines.
One case that exemplifies the misuse of Waqf properties is the controversial sale of land belonging to the Maharashtra Waqf Board, donated by Karim Bhai Ibrahim for charitable purposes. Contrary to the established Waqf laws, this land was sold off, violating the legal and ethical principles surrounding Waqf properties. This case sheds light on how political, corporate, and bureaucratic actors have already been mismanaging these properties, and the new bill could make such practices even more prevalent.
Waqf Properties in India
As of August 2024, India has a staggering 872,292 registered Waqf properties, covering over 8 lakh acres of land. These properties are collectively valued at approximately ₹1.2 lakh crore, and they generate around ₹200 crore in revenue annually. However, despite their immense value and potential, Waqf properties have often been mismanaged, and in many cases, they have been looted by powerful groups that include politicians, bureaucrats, and even members of the Waqf Boards themselves.
The infamous case of Antilia, the residence of industrialist Mukesh Ambani, provides a glaring example of how Waqf properties have been appropriated for private gain. The land on which Antilia now stands was originally donated for the construction of an orphanage by Currimbhoy Ebrahim, a wealthy philanthropist, in 1895. The property was designated for the education and welfare of underprivileged children, but it was sold to Ambani’s Antilia Commercial Private Limited in 2002 for ₹210.5 million (around $2.5 million at the time), far below its market value of ₹1.5 billion ($18 million).
The Antilia Controversy
The sale of the Waqf land for the construction of Antilia was highly controversial from the outset. Under the Waqf Act, the sale of Waqf properties requires approval from the relevant Waqf Board, in this case, the Maharashtra State Board of Waqfs. Initially, the Maharashtra Waqf Board, along with the state’s Waqf minister Nawab Malik and the revenue department, opposed the sale, citing its illegality. They issued a stay order on the transaction and filed a Public Interest Litigation (PIL) in the Supreme Court to challenge the decision of the trust that authorized the sale.
However, the Supreme Court dismissed the petition and directed the Waqf Board to approach the Bombay High Court. Eventually, the Waqf Board withdrew its objections, and the stay order was lifted. Ambani went on to build his residence, Antilia, on the land that had been intended for the education of impoverished Muslim children.
This sale was not only in direct violation of Waqf law but also betrayed the original donor, Currimbhoy Ebrahim, and the Muslim community. A property earmarked for charitable purposes was illegally sold off to a private entity for a fraction of its value, leading to widespread criticism. What makes the case even more scandalous is that only five members of the nine-member committee overseeing the sale made the decision to transfer the land, further flouting legal procedures.
The Role of Advocate Yusuf Hatim Muchhala the legal adviser of All Indian Muslim Personal Law Board
What adds another layer of complexity to the Antilia case is the involvement of key figures within the Muslim leadership. Ironically, Advocate Yusuf Hatim Muchhala, who served as the legal advisor to the All India Muslim Personal Law Board (AIMPLB), represented Mukesh Ambani in the Maharashtra Waqf Board vs. Antilia Commercial Private Limited case. His role in facilitating the sale and defending Ambani’s interests has raised significant concerns about conflicts of interest and the ethical integrity of those tasked with safeguarding Waqf properties.
Machala’s representation of Ambani did not end at the High Court level. Even when the Waqf Board pursued the case further in the Supreme Court, Muchhala continued to seek stays in favor of Ambani, ultimately helping Ambani retain control of the land. It is also noteworthy that the legal drafting for the case was reportedly done by late Justice A M Ahmadi, a former Chief Justice of India, who happened to be Machala’s brother-in-law.
When this issue was raised during a meeting of the AIMPLB in Mumbai, then board’s general secretary, late Syed Nizamuddin, refused to entertain the matter. He stated that the board’s involvement was limited to Waqf lands related to the Babri Masjid case, deliberately ignoring the Antilia controversy. This decision not to challenge one of their own members, who was representing Ambani in the case, has raised questions about the board’s commitment to protecting Waqf properties. Interestingly the same AIMPLB, which refused to act in the Antilia case in 2002, is now leading a campaign against the proposed Waqf Amendment Bill, raising concerns about its consistency and sincerity.
The case is still pending before the Apex Court. Moreover, Yusuf Muchhala is a prominent figure in several Muslim organizations. He is one of the top leaders of the All India Milli Council and serves as the chairman of the APCR, a non-governmental organization dedicated to protecting the human rights of Muslims
The Waqf Amendment Bill: A Legal Threat to Waqf Properties
The proposed Waqf Amendment Bill, in light of cases like Antilia, seems to provide a formal legal framework to facilitate the sale or transfer of Waqf properties on a much larger scale. What individuals and private entities were previously doing discreetly—often in collaboration with corrupt officials—the current government now aims to do openly, and potentially with greater efficiency.
By allowing for easier acquisition and sale of Waqf properties, the bill could open the floodgates for further exploitation of these lands, many of which hold significant religious, educational, and charitable value for the Muslim community. The fear is that this bill will be a legal weapon that not only robs the community of its valuable properties but also undermines the very principles of Waqf, which are designed to protect and promote the welfare of the community.
The Waqf Amendment Bill is viewed as a dangerous development that threatens the future of Waqf properties in India. Cases like Antilia, where legal loopholes and corrupt practices allowed the sale of Waqf land to a private entity, serve as a grim reminder of what could happen on a much larger scale if the bill is passed. Muslim leaders and organizations must take a firm decision.
