WAQF: Origin, Evolution, Legal Reforms, and Contemporary Challenges

What is Waqf?

Waqf is derived from arabic term which means “to stop” or “to reserve” and it is a unique islamic institution that embodies the spirit of perpetual charity. According to Islamic laws and traditions, waqf is essentially a voluntary and permanent dedication of property for religious, charitable or any other public purpose. Once the property has been declared as waqf, it becomes inalienable which means it cannot be inherited, gifted or sold further and it lies in the interest of society. the work property typically includes musques, educational institutions, dispensaries, burial grounds, Wells or any other public service and agricultural property whose revenue goes towards the continuous charitable pursuit .The  essence of waqf lies in aligning material wealth with spiritual goals ensuring that the benefits extend beyond the life of benefactor to successive generations

Origin and Historical Development

• The waqf institution dates back to the 7th century CE in the time of Prophet Muhammad. A prime early instance is the Well of Rumah at Medina, bought and dedicated to public use by Uthman ibn Affan, one of the Prophet’s closest companions — establishing an initial precedent for subsequent charitable endowments.

• During the Rashidun Caliphate (632–661 CE) and subsequent Umayyad dynasty (661–750 CE), waqf developed into an organized institution. Institutionalized positions such as mutawalli (trustee) and beneficiary rights were formalized, laying the basis for Islamic endowment law.

• The Abbasid Caliphate (750–1258 CE) saw a boom of the waqf system. Endowments supported public utilities like schools, hospitals, and libraries. During the ottoman period,

• Waqf was booming during ottoman period with one-third of the land of empire under it.

• In India, waqf gained roots in the Delhi Sultanate and Mughal periods, as ruling powers and elites gifted properties to mosques, dargahs, madrasas, and other religious or charitable purposes. Waqf gradually became an integral part of India’s Islamic philanthropic tradition.

Philosophy of Waqf

Waqf philosophy is intensely Islamic and predicated on ethical values of benevolence, justice, and fair distribution of wealth. Waqf depicts a belief system that is eager to gain spiritual reward by donating perpetual social value.

Waqf decentralizes welfare, with communities gaining power to control the provision of educational, religious, and philanthropic needs. It fosters economic justice by self-volitional redistribution of wealth and protects capital for future use, illustrating Islamic sustainability.

Nonetheless, colonial times were seriously testing. The British legal regime, not aware of the practice of perpetual endowments, habitually worked to subvert waqf structures. The 1894 decision of the Privy Council invalidating family waqfs drew intense bitterness. Indian Muslims brought pressure with the Mussalman Waqf Validating Act of 1913 reviving the validity of such endowments.

Waqf in Post-Independence India: Legal Evolution

After independence, India realized that waqf properties needed to be regulated and protected:

• The Waqf Act, 1954: Formed State Waqf Boards, required registration of waqf properties, and sought to place waqf in a formal legal framework. However, problems such as mismanagement and encroachment continued.

• The Waqf Act, 1995: Brought in major reforms, such as the establishment of a Central Waqf Council and specialized Waqf Tribunals to speed up dispute resolution.

• The Waqf (Amendment) Act, 2013: Made illegal encroachments criminal, mandated state board sanction prior to any government takeover of waqf land, and started computerization with the Waqf Management System of India (WAMSI).

Before 2013: Total waqf land in India was approximately 18.29 lakh acres.
After 2013: An additional 20.92 lakh acres were added.

Current Total (2025): 39.21 lakh acres of waqf property.

This 116% increase in waqf land within just 11 years has raised serious concerns about land management, record accuracy, and the nature of these new claims.

• Reforms notwithstanding, issues such as administrative inefficiency, political interference, and large-scale encroachments still afflicted the waqf system.

• The Waqf (Amendment) Act, 2025: Major Reforms
• Eligibility Consolidation: Only five-year practising Muslims and genuine property holders are eligible to pronounce waqf.

• Revocation of “Waqf by User”: Long-standing user properties for religious uses cannot anymore be automatically turned into waqf, dispelling controversies of the past.

• Protection of Inheritance Rights: Family waqfs are now required to honor the inheritance rights of legal heirs, particularly women.

• Inclusive Representation: Compulsory representation of a minimum of two Muslim women and sectarian representation in Waqf Boards.

• Professional Management: Allows appointment of non-Muslim administrators to further professional management.

• Improved Survey and Record-Keeping: District Collectors are mandated to survey and register waqf properties, which feed into a centralized digital platform.

• Strengthened Dispute Settlement: Waqf Tribunal orders can be appealed to High Courts, and disputes are governed by the Limitation Act, 1963.
• Professionalization: Non-Muslims can now be appointed administrators to modernize waqf management.

Central Waqf Council: Out of 22 members, 4 can be non-Muslims.
State Waqf Boards: 3 out of 11 members can be non-Muslims.

Government’s Justification:
The government maintains that the limited participation of non-Muslims does not infringe upon religious rights. Instead, it reflects the need for professional governance in a globalized economic world, mirroring reforms in waqf management seen internationally.

• “Since Muslims are located the world over, and waqf systems are evolving globally, allowing non-Muslims to participate ensures modernization and efficiency,” the government argued.
  
  
• Transparency Measures: District Collectors are responsible for surveying and recording waqf properties on a centralized digital portal.
  
  
• Dispute Resolution: Appeals against Tribunal decisions allowed in High Courts; waqf disputes brought under the Limitation Act, 1963.

Reactions and Controversies

• The 2025 amendments, although welcomed by most for upholding transparency and professionalism, have caused a great deal of controversy:

• Resistance to Abolition of “Waqf by User”: Some critics believe that this could risk jeopardizing ancient religious sites which have served communities for centuries.

• Religious Autonomy Concerns: The appointment of non-Muslim administrators has been perceived by some as encroaching on religious self-rule.

• Government Overreach Allegations: Excessive state interference in minority institutions is a fear expressed by some groups.

• Nationwide demonstrations and court challenges have been initiated, with courts requested to review the constitutional legitimacy of the amendments.

Waqf and Contemporary Challenges

• In today’s time, waqf properties hold a pivotal confluence of religion, law, politics, and urbanization:

• The pressures of urbanization have created waqf lands an attractive target for encroachment.

• Metropolises such as Delhi, Mumbai, and Lucknow have seen high-profile confrontations over waqf land.

• Government reports (e.g., Uttar Pradesh, 2022–23) have resurrected debates over secularism, minority rights, and heritage preservation.

• The issue is how to strike a balance between heritage protection, community advantage, and urban upgradation.

Similar Provisions for Other Religions in India

Hindu Religious Endowments and Trusts

• What is it?
   Hindus do not have “waqf” but have public religious and charitable trusts managing temples, mutts, and religious properties.
  
• Legal Provisions:
  
  • State Laws: No national-level law, but many state laws regulate temple administration.
    
    • Examples:
      
      • Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
        Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987
        Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997
        
  • Trust Law: Private Hindu religious trusts are governed under the Indian Trusts Act, 1882 (for secular trusts only) or customary law.
    
    
• Current Status/Issues:
  
  • Many large temples are managed by state government departments, often criticized for government control over religious institutions.
    
  • Recent debates around “Freeing Temples” from government management (e.g., campaigns in Tamil Nadu, Karnataka).
    

Sikh Religious Endowments

• What is it?
   Sikh shrines, called Gurdwaras, are managed under special laws.
  
• Legal Provisions:
  • The Sikh Gurdwaras Act, 1925: Governs Gurdwaras in Punjab, Haryana, Himachal Pradesh, and Chandigarh.
  • Delhi Sikh Gurdwaras Act, 1971: Governs Gurdwaras in Delhi.
    
• Management Body:
  • Managed by elected bodies like Shiromani Gurdwara Parbandhak Committee (SGPC) and Delhi Sikh Gurdwara Management Committee (DSGMC).
    
• Current Status/Issues:
  
  • SGPC is often called “the mini-parliament of Sikhs.”
  • Internal disputes and political influence in Gurdwara management have been ongoing concerns.
    

Christian Religious Endowments

• What is it?
   Churches and related properties are governed through church trusts or societies.
  
• Legal Provisions:
  
  • The Indian Trusts Act, 1882 (for secular activities, loosely applicable)The Societies Registration Act, 1860: Many churches are registered as societies for legal management.
  • Special laws for denominational trusts: Example, Church of North India Trust Association.
    
• Current Status/Issues:
  • Management remains largely autonomous, with internal diocesan laws and societal regulations.
  • Some states (e.g., Tamil Nadu, Kerala) have seen disputes over church land and property ownership.
  • No equivalent to waqf-like state registration for Christian assets at the national level.
    

Conclusion

For more than a thousand years, waqf has represented Islamic charity, economic equity, and social sustainability. In India, waqf has traversed a complicated path through medieval prosperity, colonial dislocation, and post-independence reorganization. The Waqf (Amendment) Act, 2025 is a landmark decision which promises the potential for modernisation while raising deeper questions about religious liberty, rule of law and minority rights. It is necessary that in future, Indian waqf administration be founded on ideals of transparency, participation, inclusiveness, community engagement simultaneously having respect for the long standing historical value of these properties – assuring that waqf remains available to future generations along with being in original intention.