Origins of the Waqf

The waqf, also known as ḥabs, is a deeply rooted institution in Islamic tradition, representing
a lasting charitable endowment of property—whether movable or immovable—dedicated to
serving the common good. Under Islamic law, once a donor (al-waqif) commits an asset as a
waqf, it is set aside in perpetuity for a religious, benevolent, or socially uplifting purpose.
Crucially, the waqf becomes legally inviolable: it cannot be sold, inherited, mortgaged, or
repurposed for personal gain. Its sole function must remain aligned with the original intent of
public welfare or spiritual benefit.

A designated custodian (mutawalli) is entrusted with the responsibility of managing the waqf,
ensuring that it is used faithfully and effectively for its intended cause. Throughout Islamic
history, waqf endowments have been instrumental in funding essential social infrastructure—
mosques, madrasas, hospitals, and services for the poor and displaced.

The tradition of waqf can be traced back to the early Islamic community in Medina. After the
Prophet Muhammad’s migration (Hijra), one of the first known waqfs was a grove of 600
date palms endowed specifically to provide sustenance for the city’s poor. Similarly, Caliph
ʿUmar ibn al-Khaṭṭāb dedicated land he had acquired in Khyber for charitable use, specifying
that its proceeds support the needy, including travellers, relatives, and enslaved persons.

By the 7th century, the waqf had become a vital and enduring institution across Islamic
societies, embodying the spirit of collective care, social justice, and the moral duty to uplift
others. Its legacy continues as a testament to Islam’s emphasis on charity (sadaqah jariyah)
and the ethical stewardship of wealth.

Waqf under Medieval and Mughal Rule

The waqf tradition witnessed remarkable growth under medieval Muslim empires, becoming
a cornerstone of public welfare and religious life. In the Ottoman Empire, waqfs controlled
vast swathes of real estate and funded an array of public services—from schools and hospitals
to caravanserais and aqueducts—forming a parallel infrastructure to the state.

In the Indian subcontinent, the Delhi Sultans and Mughal emperors institutionalized the waqf
through royal farmans (edicts) that granted land revenues and property for charitable and
religious purposes. While some of these grants were initially conditional, many matured over
time into permanent endowments. Emperor Akbar, for instance, ordered that oil be supplied
to light the dargāh (shrine) of Khwāja Muʿīnuddīn Chishtī in Ajmer, a site of immense
spiritual significance. Jahangir followed suit by donating 100 bighas of land to the widows of
revered Sufi saints. Aurangzeb, known for his orthodox leanings, issued detailed inscriptions
specifying stipends and allocations for the upkeep of mosques, such as daily expenses for the
Jāmiʿ Masjid.

Over time, these waqf estates became deeply integrated into the fabric of Mughal
administration, supporting a range of institutions—mosques, shrines (dargāhs), religious
schools (madrasas), and social welfare initiatives. Earlier inām (revenue-free grants) and
madad-i-maʿāsh (subsistence allowances) given by sultans and emperors were often renewed
across generations, eventually evolving into hereditary and permanent waqfs. Thus, the waqf
emerged not only as a spiritual practice but also as a pillar of socio-economic governance in
medieval India.

Waqf in Colonial India (British Period)

Under British colonial rule, the waqf system was legally acknowledged but poorly managed.
While the colonial state did not abolish waqfs, it introduced laws to regulate them—most
notably the Mussalman Wakf Validating Acts of 1913 and 1930, which formally recognized
waqf-alal-aulad (family waqfs), and the Mussalman Wakf Act of 1923, which imposed rules
around accounting, auditing, and trustee accountability.

However, these laws were inconsistently enforced. Many waqf properties were left
unattended, misappropriated, or illegally occupied. Colonial administrators themselves
expressed concern over the mismanagement of these trusts, with reports as early as 1923
warning of waqf lands “slipping away” from the Muslim community’s control. By the time
India gained independence, a significant portion of waqf property was embroiled in disputes
or had unclear legal titles due to decades of lax oversight.

Post-Independence Statutory Framework

Following independence in 1947, India undertook a more structured and centralized approach
to waqf governance. The Waqf Act of 1954 marked the country’s first comprehensive waqf
legislation, laying the groundwork for state-wide oversight. It established State Waqf Boards
(SWBs) to register, manage, and protect waqf properties. In 1964, the Central Waqf Council
(CWC) was set up to advise the Union government and guide the functioning of the state
boards.

This post-independence framework aimed to restore order to a neglected institution and

ensure that waqf assets served their intended social and religious purposes. The 1954 Act was
a significant step in reasserting community control over waqf estates and introducing greater
administrative accountability.

The Waqf Act of 1995, implemented in 1996, replaced the earlier law and remains the key
legislation governing waqfs in India today. It strengthened the regulatory structure by making
waqf registration mandatory, clearly defining the roles and powers of SWBs and their Chief
Executive Officers (CEOs), and setting up exclusive Waqf Tribunals in each state to resolve
disputes. Decisions of these tribunals were declared final, limiting prolonged litigation in
civil courts.

Another important feature of the 1995 Act was the appointment of dedicated CEOs—usually
senior revenue officers—to manage waqfs with an annual income exceeding ₹5 lakh. This
law effectively centralised waqf governance, ensuring that the State Waqf Boards handled
day-to-day operations, while the Central Waqf Council provided national-level policy
coordination.
Together, these reforms marked a critical evolution in the governance of waqf in India—from
an informal, community-managed tradition to a formal institution embedded within the
state’s legal and administrative framework.

Timeline of Major Waqf Laws in India

 1913 – Mussalman Wakf Validating Act, 1913

This British-era law formally recognized the right of Muslims to create waqfs for the
benefit of their families, in addition to charitable causes. It was one of the first legal
efforts to clarify the legitimacy of family waqfs, though in practice, it was rarely
enforced.

 1923 – Mussalman Wakf Act, 1923

Introduced basic governance standards for waqfs, including rules for accounting,
management responsibilities, and limited state oversight. It aimed to bring some
transparency to waqf administration under colonial rule.

 1930 – Mussalman Wakf Validating Act, 1930

Strengthened and reinforced the earlier 1913 law by ensuring that family and private
waqfs had clear legal standing and could not be easily challenged.

 1954 – Waqf Act, 1954

After independence, this was India’s first major waqf legislation. It created State
Waqf Boards (SWBs) across the country to oversee waqf properties and their
management. A key amendment in 1964 also established the Central Waqf Council
(CWC) to advise the central government and coordinate policy.

 1959, 1964, 1969, 1984 – Amendments to the 1954 Act

These amendments gradually strengthened the framework by expanding the powers of

the State Boards, refining appointment procedures, and addressing administrative
gaps in the original Act.

 1995 – Waqf Act, 1995

This Act repealed the 1954 law and introduced a much more robust framework. It
made registration of all waqfs compulsory, set up exclusive Waqf Tribunals in each
state to resolve disputes, and laid down clear duties for custodians (mutawallīs). It
also clarified the roles of both State Boards and the Central Council.

 2013 – Waqf (Amendment) Act, 2013

 This amendment brought significant reforms. It restructured tribunals to include three
members (one of whom had to be a Muslim law expert), made it mandatory for each
State Board to have at least two women members, and criminalized unauthorized
transfers or encroachments of waqf land. It also banned the sale or gifting of waqf
land and allowed leases of waqf properties to extend up to 30 years (from the earlier 3
years).

 2024 – Mussalman Wakf (Repeal) Act, 2024

This law officially repealed the outdated 1923 Act, aligning the waqf legal framework
entirely with post-independence laws.

 2025 – Waqf (Amendment) Act, 2025 – Also known as the UMEED Act

This comprehensive reform law, passed in January 2025, modernized the waqf system
significantly. Key features include:

o Ending the outdated doctrine of “waqf by user” (which allowed property to be

declared waqf based on informal use).
o Taking away unchecked powers of waqf boards to declare any property as
waqf.
o Requiring each State Board to include at least two Muslim women and two
non-Muslim professionals.
o Allowing appeals from Waqf Tribunal decisions to High Courts within 90
days.
o Introducing digital registration of waqf lands through a centralized national
portal.
o Applying a legal limitation period for dealing with cases of encroachment—
bringing clarity and accountability.
o

Major Amendments and Reforms

Over the years, a number of legal amendments and government initiatives have been
introduced to make waqf administration more transparent, accountable, and resistant to
misuse. These reforms aim to protect waqf assets, streamline their management, and ensure
they continue to serve the communities for whom they were intended.

Waqf (Amendment) Act, 2013

This landmark amendment introduced several protective measures to safeguard waqf

properties:

 Criminalized unauthorized transfers and encroachments, reinforcing the idea that

waqf lands are inalienable.
 Banned the sale and gifting of waqf property, helping preserve the integrity of
charitable endowments.
 Restructured waqf tribunals, turning them into three-member bodies that must include
a Muslim law expert, ensuring more informed and balanced adjudication.
  Mandated the inclusion of at least two women on each State Waqf Board, promoting
gender representation in religious trust governance.

Together, these changes marked a serious effort to stem corruption and improve oversight.

Waqf (Amendment) Act, 2025 – The UMEED Act

Passed in early 2025, this sweeping reform law—shaped by a Joint Parliamentary Committee
—was one of the most comprehensive overhauls of waqf law in independent India. Key
reforms include:

1. Ending “waqf by user” – A waqf can no longer be claimed simply because a property
has been used as such for a long time; new waqfs now require formal documentation,
although existing ones remain protected.
2. Requiring due process for waqf declarations – State Waqf Boards can no longer
unilaterally declare land as waqf; they must follow a transparent legal process.
3. Ensuring inclusive governance – Each State Waqf Board and the Central Waqf
Council must now include two Muslim women and two non-Muslim professionals,
enhancing diversity and accountability.
4. Reducing litigation pressure – Tribunal decisions can now be appealed in High Courts
within 90 days, creating a fairer legal pathway for those affected.
5. Mandating digital registration and surveys – All waqf properties must be uploaded to
the national WAMSI portal, and Boards are required to conduct GIS-based surveys to
map and monitor lands at the district level.
6. Imposing a 12-year limitation period – In line with the Limitation Act, waqf boards
must reclaim encroached properties within 12 years to prevent indefinite legal limbo.
7. Protecting heirs’ rights – A person cannot dedicate property to waqf until all legal
heirs—including daughters—have received their rightful share, preserving fairness in
inheritance.
8. Tightening eligibility rules – Only individuals who have been Muslim for at least five
consecutive years are allowed to create a waqf, aligning dedication rules with
trusteeship principles.
9. Improving financial oversight – Boards with an income exceeding ₹1 lakh must
undergo mandatory audits by certified professionals to ensure financial transparency.
10. Easing the financial burden on waqfs – The mandatory contribution from State Boards
to the Central Waqf Council was reduced from 7% to 5% of net annual surplus,
allowing more funds to be used for community welfare.

Modernisation and Digitisation Schemes

In addition to legislative reforms, the government—through the Ministry of Minority Affairs

—has launched schemes to help modernize and revitalize waqf administration:

 Qaumi Waqf Board Taraqqiati Scheme (QWBTS) provides financial and technical
support for digitizing waqf records, improving manpower, and building IT
infrastructure so that waqf lands can be surveyed, verified, and registered more
efficiently.
 Sahari Waqf Sampatti Vikas Yojana (SWSVY) focuses on the development and
commercial rehabilitation of waqf properties in urban areas, helping unlock their
economic potential for charitable and community use.
Central and State Waqf Boards
India’s waqf system is governed through a two-tiered structure—the Central Waqf Council
(CWC) at the national level and State Waqf Boards (SWBs) at the state level. Together, they
oversee the vast network of waqf properties across the country, ensuring these charitable
endowments are used for the public good.

Central Waqf Council (CWC)

The Central Waqf Council is a statutory advisory body functioning under the Union Ministry
of Minority Affairs. It does not directly manage waqf properties, but plays a key role in
shaping policy, advising on legislation, and monitoring the performance of State Boards.

 The Council is chaired ex-officio by the Minister of State for Minority Affairs and
includes up to 21 members, among them Members of Parliament, legal experts,
scholars, and government-nominated professionals.
 Its responsibilities include:
o Advising both the Central Government and State Waqf Boards on waqf-
related policy matters.
o Reviewing the performance of State Boards.
o Recommending new laws or amendments.
o Disbursing central grants for waqf development and modernisation.

In short, the CWC acts as the central think tank and coordination body for waqf affairs in
India.

State Waqf Boards (SWBs)

Every state—and some Union Territories—has its own State Waqf Board, which is
responsible for the day-to-day management of waqf properties within its jurisdiction. These
Boards usually fall under the respective State Minority Affairs Departments.

 A typical Board consists of up to 11 members, including:

o A full-time Chairperson (often a senior state minister or community
representative).
o A Vice-Chairperson.
o Scholars, professionals, and representatives from various Muslim sects.
o As per the 2025 reforms, each Board must include at least two Muslim women
and two non-Muslim professionals, ensuring diversity and broader community
representation.
 Some states, such as Uttar Pradesh, Bihar, and Jharkhand, have separate Sunni
and Shia Boards, reflecting the denominational diversity of India’s Muslim
population.

The core functions of State Waqf Boards include:

  Registering all waqf properties in the state and maintaining an official Register of
Auqaf.
 Collecting rents, donations, and income from waqf estates and ensuring these funds
are used strictly for the purposes specified by the waqf.
 Appointing and removing mutawallis (the custodians or managers of individual
waqfs).
 Managing upkeep, development, and minor repairs of waqf properties.
 Protecting waqf lands from encroachments—Boards have the power to issue
Executive Orders to evict illegal occupants (a power that was reinforced in the 2025
UMEED Act).
 Filing or defending lawsuits involving waqf assets.
 Appointing a Chief Executive Officer (CEO)—usually a senior government officer—
to manage the administrative machinery.

Board members typically serve a term of five years.

Waqf Tribunals

To resolve disputes involving waqf properties, the Waqf Act of 1995 mandated the
establishment of Waqf Tribunals in each state. These are specialized courts with jurisdiction
over:

 Ownership disputes involving waqf land or properties.

 Claims or objections regarding the status of properties as waqf.
 Allegations of mismanagement by mutawallis.
 Encroachments or illegal transfers, including ordering the recovery of waqf property.

Tribunals are usually chaired by a District Judge or an equivalent legal authority. Initially,
their decisions were final, but under the 2025 amendments, parties now have the right to
appeal tribunal decisions in the High Court within 90 days.

These tribunals play a critical role in safeguarding waqf assets and ensuring that legal
disputes are resolved efficiently and fairly.

Landmark Court Decisions on Waqf Law in India

Indian courts have played a crucial role in shaping the legal boundaries of waqf, often
stepping in to clarify grey areas or resolve contentious disputes. Through landmark rulings,
the judiciary has reinforced the sanctity of waqf while also protecting state interests and
individual rights.
Landmark Court Decisions
One recurring theme in waqf litigation has been the attempt to retrospectively declare
government-owned land as waqf—usually because it had been used for religious purposes
over time. Courts have consistently rejected such claims, affirming that long-term use does
not create legal ownership.

Most notably, in May 2025, the Supreme Court began hearing a series of petitions
challenging provisions of the Waqf (Amendment) Act, 2025. During these hearings, the
Central Government argued—relying on past rulings—that “nobody has the right over
government land,” even if a religious structure has stood there for decades. The key legal
question is whether mere usage can be the basis for a waqf declaration. The Court is also
examining whether new requirements—such as the mandatory inclusion of non-Muslims on
waqf boards and the abolition of the “waqf by user” doctrine—are constitutionally sound.

These proceedings are still ongoing but could have far-reaching implications for the future of
waqf governance in India.

High Court Judgments: Clarifying Scope and Protection

At the High Court level, there have been several significant cases that have clarified waqf
rights and responsibilities:

 In The Kerala Waqf Board v. Amma Municipality (2003), the Kerala High Court
ruled that municipal land granted for a mosque could not be resumed by the local
authority, recognizing the sanctity of religious use in that particular context. It
reinforced the idea that once land is validly dedicated for waqf, it should serve that
charitable or religious purpose without interference.
 In Tamil Nadu Waqf Board v. Janab Kalilullah (2021), the Madras High Court
applied the principle of unjust enrichment to invalidate an under-the-table sale of
waqf land. The court held that such a transaction—done without proper waqf
authority and for private gain—was void. This case highlighted the need for
transparency and due process in managing waqf assets.

General Legal Principles Upheld by Courts

Through various judgments, Indian courts have upheld a few core principles of waqf law:

 Waqf is a perpetual trust – Once a valid waqf is created, the donor cannot revoke it,
and legal heirs have no ownership claim over the property.
 Mutawallis (custodians) are trustees, not owners – They are expected to act in the
public interest and are legally accountable for any misuse or mismanagement.
 Improper transfers can be challenged – Even if a waqf property has been unlawfully
transferred or sold, courts have allowed concerned individuals or Boards to seek
restoration and penalties.
Controversies and Political Debates

Accusations of Mismanagement and Land Disputes

One of the most persistent criticisms of waqf boards has been around mismanagement and
lack of transparency. Critics have accused some boards of land grabbing, corruption, and
poor oversight. These allegations have flared into national controversies, particularly where
waqf boards have laid claim to land with existing religious or community structures.

A high-profile example erupted in Tamil Nadu, where the state Waqf Board claimed over 400
acres of land, including the site of a 1,500-year-old Shiva temple at Thiruchendurai. The
move triggered widespread protests, with locals fearing that a village long inhabited by
Scheduled Caste and OBC communities might suddenly fall under waqf control. Union
Minister Kiren Rijiju and Finance Minister Nirmala Sitaraman publicly raised concerns,
citing similar waqf claims over land with historic Hindu temples and majority non-Muslim
populations.

Other flashpoints include:

 Kerala, where waqf claims were made over a predominantly Christian village.
 Karnataka, where waqf disputes over farmland have unsettled rural communities.

These incidents have fuelled the perception, among some, that waqf boards are overstepping
their mandate.

Perceptions of Targeting and Community Backlash

While the government argues that recent reforms aim to improve governance and prevent
misuse, many Muslim organisations and opposition leaders view them with suspicion.

The 2025 Waqf (Amendment) Act—which introduced sweeping changes, including

mandatory inclusion of non-Muslim professionals on waqf boards—was especially
contentious. Many minority voices argue that this move undermines community autonomy.
Media outlets like The Hindu and Indian Express reported concerns from Islamic scholars
and community activists who saw these provisions as state overreach into religious affairs.

Opposition leaders such as those from the Congress and AIMPLB (All India Muslim
Personal Law Board) accused the government of using waqf reform as a political tool to
weaken Muslim institutions under the guise of transparency. They claimed the reforms were
promoted in communal terms by some media and political leaders, inflaming public
sentiment.

Street protests against the 2025 reforms broke out in West Bengal, Kerala, and other states,
where Muslim communities feared their endowments would be diluted or seized.
Scandals and Administrative Gaps

Beyond ideological divides, the waqf system has also been plagued by corruption scandals
and administrative lapses.

In 2024, the Enforcement Directorate (ED) raided offices of the Gujarat Waqf Board and
associated entities over alleged land irregularities. Reports from states like Madhya Pradesh
and Punjab revealed staggering figures: in MP, the waqf board chairman (a BJP member)
admitted that over 90% of waqf lands are either encroached or in court, while a BBC
investigation found that most of Punjab’s 75,965 waqf properties were taken over or lost after
Partition and remain unrecovered.

These cases point to a broader failure: many waqf properties were never properly surveyed or
documented, leaving them vulnerable to illegal occupation or dispute. Even where land is
registered, poor oversight and weak enforcement make it difficult for boards to protect or use
these assets as intended.

A Broader Tug-of-War

At its heart, the waqf controversy reflects two competing narratives.

On one side, the government and reform advocates argue that modern checks—like audits,
digitisation, and mixed board representation—are necessary to clean up decades of
mismanagement. On the other, critics fear that bureaucratic control, especially by non-
community members, may lead to the erosion of waqf’s original religious and charitable
purpose.

Some petitions before the courts have even called the 2025 reforms a “creeping
acquisition”—suggesting that state authority is expanding into what should be independent
community-run institutions.

Current Status, Size, and Challenges of Waqf in

India
India today holds one of the largest waqf systems in the world—an immense and complex
network of religious endowments. As of 2024–25, official figures show over 8.72 lakh waqf
properties spread across the country, covering approximately 38.2 lakh acres of land. These
properties include mosques, schools, graveyards, urban plots, agricultural lands, and other
community assets. States like Tamil Nadu (≈6.55 lakh acres), Rajasthan (≈5.09 lakh acres),
and Madhya Pradesh (≈1.43 lakh acres) hold some of the most extensive waqf estates.
The total estimated value of India’s waqf assets runs into tens of thousands of crores, possibly
exceeding $10 billion, when accounting for the sheer volume of prime real estate involved—
especially in growing urban areas.

Yet Size Doesn’t Equal Strength

Despite the enormous scale, India’s waqf sector is weighed down by serious and long-
standing administrative challenges.

 Documentation is a major weak link. Out of nearly 8.72 lakh properties, only 9,279
ownership deeds and a mere 1,083 waqf deeds had been uploaded to the central
WAMSI portal by early 2025. That’s barely scratching the surface of a system built
on land and trust.
 Encroachments are widespread. Nearly 59,000 waqf properties are officially reported
as encroached—taken over by individuals, private entities, or even government
bodies. Another 4.36 lakh properties are listed as having “unclear status”—meaning
that their ownership, boundaries, or purpose are in legal or bureaucratic limbo.
 Litigation is slow and staggering. Thousands of waqf-related cases remain stuck in
tribunals and civil courts. For many boards, simply identifying their own land—let
alone reclaiming it—has become a years-long legal battle.

Financial Crunch

While waqf assets have enormous value on paper, income generation remains weak. One
reason is that encroached or disputed lands don’t yield rent, and many others are
underutilised. Historically, a sizeable portion (7%) of waqf boards’ net surplus had to be sent
to the Central Waqf Council—this was reduced to 5% in the 2025 reforms to ease financial
pressure. Still, many State Waqf Boards (SWBs) struggle to even pay staff salaries or
maintain properties.

Digitisation has been slow and underfunded. As of 2024, only about 3.3 lakh waqf records
had been digitized—less than half the total—and IT infrastructure remains weak in many
states. Two key central schemes—the Qaumi Waqf Board Taraqqiati Scheme (QWBTS) and
Sahari Waqf Sampatti Vikas Yojana (SWSVY)—have tried to provide grants and technical
help, but progress is uneven across regions.

The Bigger Picture: Promise vs Reality

Despite its massive footprint, India’s waqf system today suffers from what many observers
call “administrative neglect.” Huge swathes of community wealth lie unused, contested, or
poorly managed. Boards are often understaffed, their records outdated, and their legal
authority frequently challenged. Vacancies in key roles, limited professional expertise, and
political interference only make matters worse.
The 2025 reforms (through the UMEED Act) aim to plug these gaps—with stricter audits,
better inclusion (especially of women and heirs), clearer property titles, and improved legal
recourse. But implementation remains patchy, and much depends on political will,
professional management, and better infrastructure.

In essence, the waqf sector in India sits on a foundation of immense potential—but unless
structural issues are urgently addressed, much of this wealth will continue to remain locked,
misused, or wasted, rather than serving the charitable and religious purposes it was originally
meant for.