Why Waqf Matters to All of India
The term “waqf” might not be part of everyday conversation for you, but know that it is a matter of significant national importance. Why? Because it intersects with fundamental questions of property, religion, and social equity. To truly understand its weight, we need to unpack five key aspects of waqf: What is “waqf” ? Is it primarily a religious matter or a property issue? Who can contribute to a waqf? What are the inheritance rights, particularly for daughters? And finally, how do waqf properties come into existence – are they solely donated? Understanding these things will tell you why waqf demands our attention on a national scale.
Waqf is a concept of muslim law, which means, if any person wants to donate their property (movable or immovable ) for any religious or charitable purpose, permanently in the name of god. Then the property becomes waqf. And the one who donates becomes waqif.
Once you’ve transferred this property then there’s no way to claim it back. Hence they say once a waqf, always a waqf.
The ownership is transferred permanently.
Now that this donated property is waqf, it goes to the waqf board, so if the property is a piece of land or building then the board decides whether they want to build a mosque or kabaristan or school, anything that they decide.
A person is appointed to take care of this property and its usage, this person is known as “mutawalli”. They can’t sell this property but their job is to generate income on this property. And then whatever income they make out of it needs to be given back to the muslim community. And because the waqf board is involved they’ll get 7% of the income.
Mutawalli is answerable to state Waqf Board. Every state has its own Waqf Board, one that the state government nominates. On the central level, is the Waqf Council which is nominated by the central government. In case there’s a property dispute, a Waqf Tribune also exists, and to manage this is The Waqf Act 1995.
Since India’s independence till 1995, The Waqf Act was amended from time to time, still the problems kept arising. Finally some changes are made in 2025 to resolve these issues.
But there have been previous amendments in the act in 2013 based on the Sachar Committee Report.
About the report:
To analyse the social, economic and educational condition of muslim communities, in 2005 Justice Rajinder Sachar committee was appointed, who submitted the report in 2006. This report consisted of a dedicated section for status and potential of waqf properties, which highlighted some major concerns. In 2006, there were 4.9 lakh registered waqf properties in India, which had a total area of 6 lakh acre, which had highest concentration in West Bengal and Uttar Pradesh. Now, the estimated market value of these properties was 1.2 lakh crore rupees, but the book value was only 6000 crore rupees. And despite the vast land holding and high market value, these properties only generated the income of 163 crore rupees annually, meaning it only had 2.7% Rate of return.
This poor income generation showed the under utilisation and mismanagement of waqf properties. Sachar committee report emphasised on these waqf properties potential and said if these properties are managed efficiently then it’ll contribute to social, economic and educational development of muslim community. And even if there’s a minimum rate of return then 10% of market value meaning 12000 crore rupee annual income can be generated.
And based on these findings the committee gave few recommendations like, stricter rules for mutawallis and management, digital record documentation– so there’s transparency and no encroachment. Tribunal’s power and women representation, timely surveys were also discussed. And it was also discussed that for efficiency they could alo hire people outside their community, if the said person is better for the job.
Based on these recommendations the Waqf Amendment law was passed in 2013.
Note, that this report was also referred to in 2024, when the Bill was proposed.
Now, even after numerous changes in The Waqf Act, the problems never ended, which is why on 1st August 2024, WAQF Amendment Bill & MUSSALMAN WAQF REPEAL BILL was introduced. Why? To clear the rules relating to Waqf. And make the functioning of The Waqf Board smoother. And for the better management and development of Waqf Properties.
But these Bills were heavily criticized, so they were referred to the Joint Parliamentary Committee. This committee held different meetings with the public, experts, different organisations, and stakeholders and came up with 25 recommendations, which were introduced in the bill. After which the committee submitted its report in january and then this bill was passed in Loksabha and Rajyasabha as well.
Now you might be thinking, all of this sounds too simple, it is. Waqf is simple. But the laws around it are controversial, problematic and arbitrary to say the least.
Let’s have a look at what was so controversial about it:
Before: Anyone, from any religion or community can donate to Waqf.
After: Only those who have been practising islam for at least 5 years, can dedicate their property to Waqf.
Before: Waqf By-User : If a property is used for prayer, mosque, or any other religious purpose for a long time it will become Waqf, without any registered legal documentation.
A landmark case : Syed Mohd. Salie Labbai v. Mohd. Hanifa Case 1976
The mosque was built on a piece of land, which was publicly accessible. But when it came to ownership, the supreme court said as the land was publicly open we’ll infer based on the usage, that this property was Waqf. This same case was cited in the Gyanvapi Mosque Case.
And remember, once a Waqf, always a Waqf.
After: Waqf By-User is removed and it is stated that only and only those, which are officially declared are Waqf.
Next is Govt. Land Amendment
Reports show that there are thousands of properties, that are claimed by Waqf, which affect the infrastructure, highways and railways development. Any government land identified as Waqf, will cease to be Waqf, it needs to be verified through the District Collector. If there’s no record, and the property belongs to the government then the revenue records will be updated and the property will be removed from the Waqf list.
Meaning, Waqf is Waqf, only and only then, when there’s official documentation, or else it becomes a government property.
Before: What decides which property is Waqf in a state? There was an appointed Survey Commissioner Officer, this survey was funded by the state government. This officer verified which property came under Waqf or not after which he was supposed to submit his findings to the State Government & State Waqf Board, then the government published a Gazette Notification, which was basically a list of properties that are Waqf. Then you had a Limitation Period ( 1 year ) where you could challenge these properties, if not Waqf registered the properties as their own. And lastly Tribunal, if in case you were claiming that the property is not Waqf and belongs to you then you were to go to Waqf Tribunal. Note that, Tribunals decision is the final decision. Only in case of technical error (legal error or constitutional matter) you could go to High Court or Supreme Court.
After: Now the survey is conducted by the District Collector. It helps for better land record management and also makes the dispute resolution neutral and transparent. Previously, the Tribunal’s decision was the final call, now you can go to the High Court within 90 days of the decision.
Also the limitation period for Waqf was an exception which is now treated exactly like other properties.
Waqf Alal Aulad ( Inheritance Rights )
Before: Any person could claim that the day my family line ends, my property can go to Waqf. The only problem with this was patriarchy. Yes it’s everywhere. Here, you only talk to the male heirs and daughters were never considered.
After: Daughters and married women can claim their rights too.
Now if you talk about the changes in the Composition of Authorities:
Waqf Board:
Before : All muslim members.
After: 2 out of 11 members must be non muslims. 2 muslims members must be women. Non muslim members will be restricted solely to administration of charity-related matters.
Waqf Council:
Before: All muslim members.
After: 2 out of 22 members (excluding ex-officio must be non-muslim). 2 muslim members must be women. Non muslim members will be restricted solely to administration of charity-related matters.
Waqf Tribunal:
Before : A muslim law expert ( who used to take decisions based on islamic jurisdictions)
A state officer (Add. District Magistrate rank)
A District/Sessions/Civil class-1 judge
After: A current or former District Court Judge as Chairman. A current or former Joint Secretary to the State Government. Now the decisions that were taken based on islamic legal principle, which will now be based on legal principles.
Is Waqf a religious issue? Or a property dispute?
Waqf is a religious concept. But the institutions like State Waqf Board and Waqf Council are not religious institutions, so the law made to manage these institutions “The Waqf Act” is a property issue.
Another question arises, why does the government interfere with religious issues of minority communities? A specific community?
To understand, we must look at the majority religion’s religious affairs, so we can draw parallels.
Waqf Property:
Management: Waqf Board & Waqf Council
Dispute Resolution: Waqf Council
Transfer: Once a Waqf, always a Waqf
Limitation Period: Exception ( 1 year to appeal )
Other Religions:
Management: State Government (except: private trusts)
Dispute Resolution: Civil Court/ High Court
Transfer: Some Restriction
Limitation Period: Applied
You’re wise enough to read the parallels and understand where the government is involved more.
So, while the concept of Waqf originates in religious law, its administration and the laws governing it are firmly rooted in property and governance. The recent amendments, though debated, highlight the ongoing effort to streamline the management of these significant assets and ensure fairness and transparency. Understanding the evolution of Waqf law, the scale of the properties involved, and the attempts to balance religious principles with secular legal frameworks reveals why this seemingly specific issue carries such considerable weight on a national level, impacting not just one community but the broader legal and socio-economic landscape of India.
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