WAQF BOARD - Origin and Decline

Origin & Concept

Origin Concept of ‘WAQF’:

WAQF: The idea of "WAQF," which is the permanent donation of real estate for philanthropic or religious reasons, the word has been originated from the Arabic word "Waqufa" meaning thereby to detain or to hold or tie up. 

            In India, the history of WAQF can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages in favour of the Jama Masjid of Multan and handed its administration to Shaikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of WAQF properties kept increasing in India.

            There was a case made for the abolition of WAQFs in India in the late 19^th Century when a dispute over a WAQF property ended up in the Privy Council of London during the days of the British Raj. The four British judges who heard the case described the WAQF as “perpetuity of the worst and the most pernicious kind” and declared WAQF to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman WAQF Validating Act of 1913 saved the institution of WAQF in India. Since then, no attempt has been made to curb WAQFs.

Property under WAQF Board:

WAQF Boards currently controls 7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest WAQF holding in the World. Further, the WAQF Board is the largest landowner in India after the Armed Forces and the Indian Railways.

           The government has recently come up with a new amendment Bill for the management of the                   WAQF Board.

Key features of WAQF (Amendment) Bill, 2024:

·         Renaming of the Act: The WAQF Act, 1995, is renamed the Unified WAQF Management, Empowerment, Efficiency, and Development Act, of 1995 to emphasise improved management and development.

·         Formation of WAQF: WAQF can be formed through declaration, but WAQF by the user is removed. WAQF-alal-aulad cannot deny inheritance rights, including those of women heirs.

·         Government property as WAQF: Any government property identified as WAQF will cease to be so, and ownership disputes will be settled by the Collector and reported to the state government.

·         Removal of WAQF Board’s power: The WAQF Board’s power to determine if a property is WAQF is removed, transferring property survey responsibilities to Collectors under state revenue laws.

·         Central WAQF Council Composition: The Council will now include two non-Muslims, and MPs, judges, or eminent persons appointed to the Council need not be Muslims.

·   Central WAQF Council Composition: The Council will now include two non-Muslims, and MPs, judges, or eminent persons appointed to the Council need not be Muslims.

The introduction of the amendment Bill has sparked controversy, with fears arising that it is meddling with the right to ‘manage religious affairs’ under Article 26 of the Consitution.

The Lok Sabha passed the WAQF (Amendment) Bill 2025.  288 Members Voted in Favour and 232 Members Voted Against the Bill. The House also gave approval to the Mussalman Wakf (Repeal) Bill 2024 which repeals Mussalman Wakf Act 1923.

Retention of ‘WAQF by user’ doctrine:

The original version of the Bill abolished the concept of “WAQF by user” — a doctrine rooted in Islamic legal traditions that recognized properties as religious or charitable endowments based on their uninterrupted communal use, even in the absence of formal documentation.       Historically, numerous mosques, graveyards, shrines, and other religious sites were established through oral declarations or customary practices, with their WAQF status legitimized by continuous public usage over generations.

            The JPC report cautioned that dismantling this doctrine could destabilise the legal standing of such properties, many of which have been informally managed by local communities for decades.

Accordingly, the revised Bill now clarifies that “WAQF by user” properties registered on or before the law’s commencement will retain their status unless disputed or designated as government property. This amendment seeks to assuage concerns that the law’s retrospective application could abruptly strip existing properties of their protected status.

            Nevertheless, apprehensions persist regarding a provision mandating that individuals must “show or demonstrate that [they have] been practicing Islam for at least five years” to establish a WAQF. Critics have argued that this requirement arbitrarily excludes potential donors, particularly recent converts who may wish to endow property for religious or charitable purposes.