Waqf is a concept of Muslim law. It is a charity system of Muslims. It is a religious charitable purpose donate in the name of God. It has a very long history that is extremely complex and influenced by Islamic rulers, British imperialistic policies and post-independence reforms. This article traces the history of waqf in India, brief overview of waqf act, existing waqf act and its limitation and the waqf (amendment) bill 2025, and the context for the proposed changes and its significance. The comparative analysis between the existing waqf Act and the change in Amendment bill of 2025.

What is waqf?

Waqf is a donation in Islamic law. Where people or groups of individuals donates their movable or immovable property for charity. The person who donates the property name as waqif. The donated lands are given permanently with the restriction that they cannot be sold or inherited. If a person once transfers their property then he cannot claim it back that why it was said that "once a waqf always a waqf" in waqf the ownership transfers permanently in the name of God. Waqf are used for good deeds like hospitals, educational institutions, hotels etc. These donated lands are meant to provide revenues and serve for welfare for the community.

The Conditions for the Validity of Waqf

• The donation of property should be done permanently.
• The waqf must be given for religious charity.
• Once a waqf, always a waqf.
• There is a caretaker for managing the waqf property known as mutawallis.
• The property made as waqf is then controlled by the State Waqf Board. A caretaker, who is the mutawalli, cannot sell or transfer the ownership. They are responsible only for generating income from the property, which must be used again for religious or charitable purposes. 7% of the income is given to the State Waqf Board.
  

Historical Background of Waqf in India

Muslim Ruler Arrival in India

Waqf was introduced in India by the Delhi Sultanate in the 13th century. During this period, waqf became a major institution as rulers and wealthy individuals dedicated vast areas of land and property. In ancient India, many mosques, libraries, and educational institutions were constructed with the earnings collected from waqf properties. The institution further expanded under the Mughals.

The British Raj or Crown Rule and Its Impact on Waqf

During British colonial rule, waqf institutions faced decline and neglect by the British East India Company. They implemented Western legal rules of governance, which were not supportive of traditional waqf structures.

In the Case of Abdulfatah Mahomed Ishak and Others vs Rasamaya Dhur Chowdhuri

This case involved a man who had given his property as a waqf for the benefit of his family members and for charitable purposes. The Privy Council held that such a waqf was valid, even if it benefited family members, so long as its purpose was also charitable. This case played a key role in establishing the legal validity of family-benefit waqfs.

The Mussalman Waqf Validating Act of 1913

This Act recognized the right of Mussalmans to settle property as waqf for the benefit of their family, children, and descendants, along with charitable and religious purposes. It defines waqf as a permanent dedication of property by a person professing the Mussalman faith. The Act also addressed confusion about whether waqf property could be movable or immovable, and whether a Muslim could benefit from it during their lifetime.

Mussalman Wakf Act of 1923

• The aim of this Act was to improve the management of waqf property, maintain transparency in their administration, and protect the waqf property from misuse or mismanagement.
• It defines wakf as a permanent donation of property for religious, charitable, or pious purposes.
• A penalty was established for failing to meet the obligations related to submitting the report.
• There was a requirement for mutawallis to properly report and account to district judges.
• The State Government was empowered to oversee waqf administration.

Case: Maharashtra State Board Vs. Saikh Yusuf Bhai Chawla and Ors

• The Supreme Court heard the appeal of the Wakf Board regarding a dispute with the Government of Maharashtra on the management and protection of waqf properties.
• The issue was whether every public trust is a waqf.
• The Supreme Court held that not every public trust is a waqf; public trust is a broader category and waqf is a smaller part within it.

Waqf in a New India After Independence

• After the 1947 partition, some Muslims had to leave their property in India and migrate to Pakistan, and vice versa.
• The leaders maintained that the property of Muslims should be given only to Muslims.

The Waqf Act, 1954

• Post-independence, a more regulated legal framework was adopted to manage and protect waqf property.
• This led to the introduction of the Waqf Act of 1954.

Features of the Waqf Act, 1954:

• Establishment of the Central Waqf Council.
• Formation of the Waqf Board.
• Appointment of mutawallis as managers or caretakers of waqf property.

Case: Sayed Mohd. Salie Labbai Vs. Mohd Hanifa (1976)

• A dispute arose over a piece of land on which a mosque was built and was open to the public for prayers.
• The Supreme Court held that since the mosque was publicly open for Muslims, the land is waqf property and not private property.

The Waqf Act of 1995

• Enacted by the Indian Parliament for better administration of waqf properties.
• Applicable to the whole of India except Jammu and Kashmir.

Features of the Waqf Act of 1995:

• Waqf property includes both movable and immovable property.
• Each state has a Waqf Board responsible for managing waqf properties.
• Waqf property must be officially registered with the Waqf Board.
• Establishment of Waqf Tribunals for dispute resolution.

Case: Archaeological Survey of India Vs. Uttar Pradesh Sunni Waqf Board (2005)

• The UP Waqf Board claimed the Taj Mahal as waqf property.
• The Archaeological Survey of India rejected this claim.
• The Supreme Court ruled in favor of the Archaeological Survey of India, stating that without clear historical documentation, the Taj Mahal cannot be considered waqf property.

Sachar Committee Report (2006)

• Established by former Prime Minister Manmohan Singh to analyze the socio-economic and educational condition of the Muslim community.
• Headed by former Chief Justice of the Delhi High Court, Rajendra Sachar.
• The report was submitted in 2006.

Key Findings

• High birth rate in the Muslim community in comparison to Hindus.
• It reveals the "backwardness".
• The Sachar Committee concluded that the condition facing Indian Muslims was below that of SC and ST.
  

Waqf (Amendment) Act, 2013

• Introduced some key changes such as:
  • The act established a three-member Waqf Board, including one Muslim Law expert.
  • Increased the period for Waqf property.
    

Islamic Countries with Waqf Properties

• Some countries that have Waqf properties include Sudan, Turkey, Tunisia, Iraq, Jordan, Syria, and Egypt.
• Not all Islamic countries have Waqf properties.
  

Waqf (Amendment) Bill, 2025

• Passed in Rajya Sabha with 128 members voting in favor and 95 opposing it.
• Passed in Lok Sabha with 288 members supporting it and 232 against it.
• Two bills were tabled:
  • Waqf (Amendment) Bill of 2025.
  • Mussalman Wakf (Repeal) Bill, 2025.
• Both received assent from President Droupadi Murmu.
• The Waqf (Amendment) Bill aims to amend the Waqf Act of 1995.
  

Comparative Analysis: Waqf Act 1995 vs Waqf (Amendment) Bill 2025

• The 1995 Act set up State Waqf Boards and Waqf Tribunals to manage and resolve disputes related to waqf properties.
• Concerns over misuse of power by Waqf Boards and Central Waqf Council; emphasized the principle "once a waqf, always a waqf".
• Issues with the Survey Commissioner and misuse of Section 40 to declare properties as waqf.
• Waqf Act is a special law for one religion's religious properties with a one-year limitation period for identifying waqf property.
  
• The 2025 Amendment introduces:
  • Renaming the Act as the UMEED Act (Unified Management Empowerment Efficiency and Development).
  • Allowing dedication of property by Non-Muslims (Hindus, Sikhs, Jains, etc.).
  • Removal of the "waqf by user" concept.
  • Only persons practicing Islam for 5 years can dedicate property as waqf.
  • Mandatory representation of women and inclusion of Non-Muslim members in Waqf Boards.
  • Stricter penalties to protect waqf property.
  • District Collector to conduct waqf property surveys.
  • Limitation period aligned with the Limitation Act, 1963.
  • Appeals can be made to High Court within 90 days.
  • Senior government officials to decide property disputes.
  • Waqf alal aulad now provides equal rights to women and daughters.
  • Two Muslim women must be members of the Waqf Board.
  • Tribunal composition changed – former district judge instead of Muslim law expert; decisions now based on legal principles, not just Muslim law.

Conclusion
The waqf act and the waqf (amendment) bill 2025, both are important for governing the waqf properties in India. In above point It can be seen that there is multiple amendment have been made to enhance the management of waqf property in India. But there was still mismanagement and corruption. The potential of waqf property has not been fully exploited or managed as it should be.

Many has resulted in heavy loss. And the proposed amendment of 2025 from Above Point. It aims to develop the transparency accountability and inclusivity. Which may give positively impact on waqf institution and the community they serve. The present Waqf Amendment aim is to modernize the waqf governance. And if the amendment bill implemented effectively, then maybe it can be beneficial to the waqf institution.

Written By: Pragya Tripathi