Faith, Land, and Law: The Story of Waqf  in India

Introduction

Wakf (also spelt Waqf) is a permanent dedication of property—usually movable or immovable—by a Muslim for a religious, pious, or charitable purpose recognized under Islamic law (Sharia). Once a property is declared Wakf, it becomes inalienable and cannot be sold, inherited, or otherwise transferred.

India has been working to regulate and protect Waqf properties, which have religious, social, and economic significance. The first major law, the Waqf Act of 1954, laid the foundation for managing these properties. Over time, laws have been updated to improve governance and prevent misuse. The Waqf Amendment Bill 2025 aims to increase transparency, strengthen management, and protect Waqf assets. These reforms follow global best practices.

The Waqf Act of 1995, enforced by the central government, currently regulates Waqf properties. The main administrative bodies are:

• Central Waqf Council (CWC)—Advises the government and State Waqf Boards on policy but does not directly control Waqf properties.
• State Waqf Boards (SWBs) manage and protect Waqf properties in each state.
• Waqf Tribunals—exclusive judicial bodies that handle disputes related to Waqf properties.

This system ensures better management and faster resolution of issues. Over the years, legal changes have made Waqf administration more transparent, efficient, and accountable.

An Overview of Waqf History in India

The regulation and administration of Waqf properties in India have undergone significant transformation through various legislative enactments, aimed at improving transparency, accountability, and efficiency. Below is a chronological overview of key laws and reforms:

1. The Mussalman Wakf Validating Act, 1913

• Legally recognized the creation of waqfs for family benefit, with the condition that ultimate use would serve charitable or religious purposes.
• Marked the beginning of formal legislative attention toward Waqf administration.
• However, it lacked robust mechanisms for enforcement and accountability.

2. The Mussalman Wakf Act, 1923

• Introduced basic rules for accounting and record maintenance to ensure transparency in Waqf management.
• Focused on reducing mismanagement and establishing initial procedural safeguards.

3. The Mussalman Wakf Validating Act, 1930

• Further strengthened the validity of family Waqfs, reinforcing the legal foundation laid by the 1913 Act.

4. The Wakf Act, 1954

• Enacted post-independence to bring about structured governance of Waqf properties.
• Key provisions included:
  • Establishment of State Waqf Boards (SWBs) for local oversight.
  • Formation of the Central Waqf Council (CWC) in 1964 to supervise the functioning of SWBs.
  • Empowered the central authority to guide and monitor state-level administration.

5. Amendments to the 1954 Act (1959, 1964, 1969, and 1984)

• These amendments aimed to enhance the efficiency of Waqf property administration.
• Focused on tightening regulatory frameworks and clarifying the responsibilities of Waqf authorities.

6. The Waqf Act, 1995

• A comprehensive piece of legislation that repealed the 1954 Act and its subsequent amendments.
• Salient features:
  • Clearly defined the roles and responsibilities of the Central Waqf Council, State Boards, and Mutawallis (caretakers).
  • Established Waqf Tribunals to deal with disputes—these tribunals hold exclusive jurisdiction, with their decisions being final and not challengeable in civil courts.

7. The Waqf (Amendment) Act, 2013

• Introduced significant reforms for better governance and inclusion:
  • Formation of three-member Waqf Tribunals, including a member well-versed in Muslim law.
  • Mandatory inclusion of at least two women members in each State Waqf Board.
  • Prohibited sale or gifting of Waqf properties to preserve their integrity.
  • Extended lease periods from 3 years to 30 years to promote effective utilization of Waqf assets.

8. The Waqf (Amendment) Bill, 2025 & The Mussalman Wakf (Repeal) Bill, 2024

• These recent legislative efforts aim to:
  • Modernize Waqf administration using updated legal and digital frameworks.
  • Reduce legal disputes by closing existing loopholes.
  • Improve efficiency, accountability, and transparency in the management of Waqf properties.
  • Repeal outdated provisions, particularly those from early 20th-century laws.

Essential of Waqf

• Perpetuity: In a ‘Waqf’, the property is settled permanently so that its usufruct is always available for an indefinite period. There cannot be a ‘Waqf’ for a limited period.
• Irrevocability: Once it is created, the ‘Waqf’ cannot be revoked.  As the property is deemed to vest in God.
• Inalienability: When a ‘Waqf’ is created, the property vests in the implied ownership of God. Therefore, ‘Waqf’ property cannot be sold, transferred, or encumbered. Alienation of the ‘Waqf’ property except for the necessities of the ‘Waqf’ and without the court’s permission is void.
• Absoluteness: The settlement of the property in ‘Waqf’ is unconditional and absolute. A conditional or contingent ‘Waqf’ is void.
• Religious or Charitable Use of Usufruct: The produce and benefits of the ‘Waqf’ property are utilized only for such purposes which are recognized as religious, pious or charitable under Muslim law.

Kinds of Waqf

• Public Waqf: This is for public, religious or charitable purposes.
• Private Waqf: This is for the settler’s family and descendants and is technically called wakf-alal- aulad.

Valid Objects of Waqf

• Mosque and provisions for Imams to conduct worship.
• Celebrating the birth of Ali Murtaza
• Repairs of Imambaras.
• Maintenance of Khankahs.
• Reading the ‘Quran’ in public places and also at private houses.
• Maintenance of poor relations and dependence.
• Payment of money to ‘Fakirs’.
• Grant to an ‘Idgah.’
• Grant to the college and provisions for professors to teach in colleges.
• Bridges and Caravanserais.
• Distribution of alms to poor persons and assistance to the poor to enable them to perform pilgrimage to ‘Mecca’.
• Keeping ‘Tazias’ in the month of ‘Moharram’ and provisions for camels for religious processions during ‘Moharram’.
• Celebrating the death anniversary of the settler and of the members of the family.
• Performance of ceremonies known as ‘Kadam Sharif’.
• The construction of a cobat or free boarding house for pilgrims at ‘Mecca’.
• Performing the annual ‘Fateha’ of the members of his family.

The following are not recognized as valid objects of the waqf, by the Muslim law.

• Objects prohibited by ‘Islam,’ e.g., erecting or maintaining a church or temple.
• A waqf for the repairs of the waqif’s secular property is invalid according to Shia law.
• Providing for the rich exclusively.
• Uncertain objects.
• A direction to spend a certain sum of money for feasting ‘Cutchi Memons’ every year on the anniversary of the settlor’s death is not valid.

Case Laws

• Karnataka Board of Wakfs v. Mohd. Nazeer Ahmad, (1982):
  • The Karnataka High Court held that the dedication of a house by a Muslim for use of all travellers irrespective of religion and status was held not to be a ‘Waqf’ on the ground that under Muslim law a ‘Waqf’ should have a religious motive and it should be only for the benefit of the Muslim community, and if it is secular, the charity should be to the poor alone.
• Baqa Ullah Khan v. Ghulam Siddique Khan, (1955):
  • There was no express mention of any ultimate gift to charity, but the Allahabad High Court held that the waqf was valid because an ultimate gift to charity was implied in the very word ‘waqf.’

Conclusion:

The institution of Wakf represents a powerful blend of faith, philanthropy, and public welfare, rooted deeply in Islamic tradition and recognized under Indian law. While it holds immense potential for community development—particularly in areas like education, healthcare, and social justice—this potential remains largely untapped due to issues like mismanagement, encroachment, and legal ambiguity.

To truly honour the spirit of Wakf, there is an urgent need for transparent governance, strong legal enforcement, and digital modernization of records. By restoring trust and efficiency in Wakf administration, these sacred endowments can once again become a vital force for inclusive growth and communal harmony in India.

Contributed By: Arzoo Kala