Theology

Waqf: The Real Story

The Waqf (Amendment) Bill 2024 led to several controversies, protests and violent eruptions. The leaders of All India Muslim Personal Law Board (AIMPLB) claimed, “The Muslim community views this Waqf Amendment Bill as a direct attack on the community. It is evident that the BJP’s politics thrive on communal polarisation and the strategy of ‘divide and rule’...”

On the contrary, the government has again and again reassured that the goal of the amendment is to enhance the regulation and management of Waqf properties across India. Yet, Muslim organisations, leaders, legal experts and henceforth, the common masses, feel that these amendments hint at a careful intrusion into the religious freedom of Muslims and thus, several oppositions, protests and petitions have been raised against the said amendment. The country saw eruptions of violence, casualties and death… all in the name of an amendment.

There, thus, exists a dire need to understand the nuances of the amendment in the contemporary socio-political landscape of India. One also needs to dig into the mental and psychological impact of the amendment, and how it is being portrayed by the classes (leaders and preachers) to the masses, which has led to several protests and a series of violent eruptions.

Is there really a bone of contention, or is there a problem with how things are being interpreted and portrayed? Or, is it ‘cultivated fear’ in the minds of the masses about growing government control over Waqf management that has led to protests and disputes?

“The temper of the multitude is fickle” ― Niccolò Machiavelli, The Prince

“Asaduddin Owaisi, president of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), has called for a nationwide protest against the Waqf (Amendment) Bill, 2024, criticising it as unconstitutional…”

“The passage of the Waqf Amendment Act, 2025, has predictably triggered protests across several districts of West Bengal — a state where Muslims account for over 27 per cent of the total population…”

“In Murshidabad, a Muslim-majority district, angry protests have spilt over into violence, leading to the tragic loss of lives and the deployment of central security forces following the Waqf (Amendment) Bill, 2024…”

More than 88 houses fully damaged, 162 houses partly damaged, 53 shops fully damaged, 64 shops partly damaged, 87 families (345 individuals) displaced, and more than 1320 people affected…

“They went on; the dust swallowed them; the glare and the sound died away. The dust of them hung for a while, but soon the eternal dust absorbed it again.” - William Faulkner, ‘Dry September’

And, that is how a mob is - Mindless. Headless. Directionless. It is just a mob, full of people, but no actual faces that are visible. Just a swarm of heads and the sounds of cries. They come as one, they act as one, and they go as one. Herds following each other headlessly. But who was guiding this mob, the protest and the violence?

Waqf Unveiled: Tracing the Legacy of Waqf

The term ‘Waqf’ (plural: auqaf) originates from the Arabic term ‘Waqafa’ meaning therefore to detain or hold or tie up. The Waqf Act, 1995, defines Waqf as “the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable…”

The history of Waqf as a distinct and structured form of charity can be traced back to an advice given by Prophet Muhammad to his companion and the second caliph, Umar ibn al-Khattab, when asked about a piece of fertile land he owned in Khyber. The prophet advised Umar to preserve the land and make its yields useful for others, “Tie up the property and devote the usufruct to the welfare of human beings, and it is not to be sold or made the subject of gift or inheritance, devote its produce to your children, your kindred and the poor and in the way of Allah.”

To create a Waqf, people dedicate their property in the name of Allah. The benefits from this property are then used for charity as per Islam. Not only are madrasas and mosques related to Waqf property, but several universities, orphanages, schools, and hospitals also function on waqf lands or from waqf money. These dedications, however, are permanent: ONCE A WAQF, ALWAYS A WAQF.

The History of Waqf in India is rooted in the arrival of Muslim rule under various Islamic dynasties like the Delhi Sultanate. With the expansion of the Islamic rule, the number and variety of Waqf properties grew. The British colonial era marked a shift in the Waqf system, as legal frameworks introduced new regulations.

The Privy Council in 1894 ruled Waqf-alal-Aulad as invalid because Waqf was supposed to serve public religious and charitable purposes, not family benefits. However, this decision caused dissatisfaction among Indian Muslims, and thus, the Mussalman Waqf Validating Act, 1913 was passed to clarify and affirm the right of Muslims to create Waqf for the benefit of their families and descendants with eventual charitable purposes. Several acts and amendments followed:

The Mussalman Waqf Act, 1923
The Mussalman Waqf Validating Act, 1930
The Waqf Act, 1954
Amendments to the Waqf Act, 1954 (1959, 1964, 1969, and 1984)
The Waqf Act, 1995
The Waqf (Amendment) Act, 2013

However, despite multiple amendments and increased provisions, several challenges have persisted pertaining to Waqf boards.

Waqf Woes: Sachar Committee’s Revelations

The Sachar Committee, in its 2006 report, highlighted significant problems with the management and utilisation of Waqf properties in India. Due to mismanagement, encroachment and administrative inefficiencies, the annual income generated through registered Waqf properties (over 4.9 lakh) and substantial land holdings (estimated at 6 lakh acres) was very low compared to its potential. The report also noted the lack of judicial oversight on Waqf Tribunal decisions and incomplete or delayed Waqf property surveys. Additionally, the committee pointed to the potential for misuse of Waqf laws, particularly Section 40, which allows for the declaration of private properties as Waqf properties, leading to disputes and community tensions.

Often, the State and central Waqf Board management have been plagued with charges of corruption, financial misappropriation and unaccountability. Various audits revealed missing documents, illegal sale of land, instances of waqf property let out at token rates, etc., and posed serious questions on the integrity of waqf administration. “There is a nexus between politicians, police, bureaucrats and land mafia who have always eyed Waqf land, which cannot be sold or its use changed till eternity. They are given on lease in lieu of money that fills the coffers of officials,” says Aziz Burney, thinker and group editor, Rashtriya Sahara Urdu daily.

Over time, Waqf has become a centre of irregularities:

Waqf Board Scam, Karnataka - It has been alleged that around 40-50% of the land allocated to the Waqf board has been embezzled. More than 2.3 lakh crore worth of land was denotified for either personal use or sold to the land mafia.
The Maharashtra Government had suspended Naseeba Bano Patel, Waqf Board CEO, after she was found guilty of wrongly ruling a 2500 crore Waqf property as a non-Waqf one.
Samajwadi Party leader Azam Khan has been involved in more than 100 cases pertaining to theft, criminal intimidation, fraud and encroachment. It is also reported that he had unlawfully transferred 3.5 acres of Waqf Board property worth Rs 500 crores.

This is just the beginning of a long list. The cases are endless.

According to the Press Information Bureau - 40,951 cases are pending in Tribunals against Waqf. Interestingly, 9942 cases are filed by the Muslim community against the institutions managing the Waqf. It is the poor Muslims who are suffering from the mismanagement of the Waqf board, while the rich and powerful are growing day-by-day. This clearly indicates that the problems arising out of Waqf are not completely religious in nature; they rather touch upon real estate and property issues. Additionally, it is important to note that a large part of Waqf properties are non-religious, thus proving that waqf governance is not a religious matter but a real estate matter. Hence, adopting a religious lens to the Waqf issue is a myopic view.

“Good medicine tastes bitter” -Chinese Proverb

The origin of the Waqf Act 1995 stems from a hard political bargain reached by the PV Narasimha Rao-led Congress government with Muslim leaders in the wake of the Babri Masjid demolition. The government gave provisions to satiate the community by enacting a law that gave unbridled powers to State Waqf Boards to identify and claim any property as waqf without any burden of proof. It was necessary to dilute the unbridled power given by the previous government, while respecting the theological sentiments attached to the Waqf.

Contrary to popular belief, the Waqf (Amendment) Act, 2025, is not solving or creating a religious problem, but improving the real estate situation in this country, which will have economic consequences. It is important to clarify here that Waqf boards are administrative bodies, not religious bodies - their responsibilities include property registration, legal compliance, financial auditing and dispute resolution, just like any other public trust in India. Thus, they should be treated similarly. Unless structural and inclusive reforms are implemented, waqf properties will remain entangled in disputes, corruption, and mismanagement, preventing them from fulfilling their core purpose of serving religious, educational, and social welfare objectives.

Reforms like:

Separate Waqf boards for the Bohra and Aga Khan communities to acknowledge their distinct theological orientations. The inclusion of socially and educationally disadvantaged Muslim communities ensures representation and inclusivity.
Mandatory inclusion of women in board governance to enhance gender parity and challenge the male-dominated administrative structures. Inclusion of safeguards concerning waqf-al-aulad to offer a measure of protection to women and other lawful heirs who have been historically marginalised.
Ending of arbitrary property claims through Section 40 - The 2025 Act is crystal clear in presenting the point that if properties are not registered, the claimed properties cannot be accepted as Waqf properties.
Digitalisation of Records to prevent illegal claims, improve tracking mechanism and make financial transactions and landholdings more transparent. Conduction of compulsory financial audits and independent monitoring systems.
Ensuring Accountability through the inclusion of non-Muslim members to promote fair decision-making. It also improves inclusivity as secular aspects of Waqf administration require dealing with issues concerning non-Muslims.
Better dispute resolution through increased authority to Waqf tribunals to resolve property disputes. The scope of judicial remedies and appeals has been expanded to ensure wider legal avenues to aggrieved parties.
The Application of the Limitation Act reduces litigation and promotes harmony with provisions of other laws.
Barring Schedule Tribe members from creating a Waqf to protect the tribal land and its distinct identity under Schedules 5 and 6 of the Indian Constitution.

Have shown a progressive shift in India’s approach to the waqf governance. The amendment encourages transparency, accountability and inclusivity.

Across the globe, many Muslim countries, including Qatar, Saudi Arabia, Turkey, Oman, Iran, Kuwait, UAE, Bangladesh, and Bahrain, have yet to frame a dedicated Waqf Act to date. India, with its Waqf (Amendment) Act 2025, has set a precedent for Waqf administration globally.

Despite the backlash and protests, the Waqf (Amendment) Act, 2025, undertakes a practical and solution-oriented approach to the Waqf issue. Just like good medicine, which tastes bitter and is hence avoided, despite knowing its curing capacity, any new reform to a long-existing structure or tradition, especially one rooted in religion, is taken with a pinch of salt.

It is now the responsibility of the Islamic classes, leaders and preachers to educate the masses about the progressive nature of the act, which will, in the end, benefit them. Now the question remains - Will the community support the reform for its greater good, or will their internal power structures, struggles and theological traditions continue to hinder progress?

Waqf: The Real Story

Waqf Unveiled: Tracing the Legacy of Waqf

Waqf Woes: Sachar Committee’s Revelations

Sources:

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