Waqf: Definition, Features, and Legal Framework

What will you read next in this topic?

• What is Waqf?
• Features of Waqf
• Types of Waqf
• History and Origin of Waqf
• Objectives and Functions of Waqf
• Legal Framework of Waqf
• Waqf (Amendment) Bill 2025
• Administrative Challenges and Solutions

What is Waqf?

• Waqf is an Islamic concept referring to the process by which a Muslim donates property for religious or charitable purposes. 
• The donated property is typically allocated for the construction of mosques, schools, hospitals, and other public institutions. 
• A key feature of Waqf is that it is considered irrevocable — it cannot be sold, gifted, or inherited. 
• Once property is dedicated as Waqf, ownership is transferred to Allah, and it remains dedicated for that purpose indefinitely. 
• Thus, Waqf properties are used permanently for religious and social purposes.

Features of Waqf

• Permanence: Waqf property cannot be reclaimed or used for any other purpose than the one for which it was dedicated. It remains dedicated for that purpose forever.
• Social Welfare: The property donated as Waqf is used for the betterment of society. It is utilized for religious, educational, social, and healthcare-related activities.
• Legal Recognition: Waqf is recognized as a legal right. Under the Waqf Act of 1995, the management of Waqf properties is regulated, and bodies such as the Waqf Boards and the Central Waqf Council oversee its functions.
• Absence of Private Ownership: Waqf properties do not belong to any private individual. They are dedicated for public welfare and cannot be used for personal gain.

Types of Waqf

• Private Waqf: When an individual dedicates their property for the benefit of their family members, it is called private Waqf.
• Public Waqf: This type of Waqf is dedicated for the welfare of society, such as helping the poor, orphans, and elderly.
• Musalah Waqf: This is a special type of Waqf where property is dedicated for a specific place or purpose, such as the construction of a mosque or religious school.
• Educational Waqf: Waqf properties dedicated to educational institutions like schools, colleges, or universities.
• Religious Waqf: This type of Waqf is dedicated to mosques, religious institutions, or religious activities.

History and Origin of Waqf

• Origin in Islamic Times: The tradition of Waqf existed before Islam but was formalized and organized in Islam. The founder of Islam, Prophet Muhammad, supported Waqf as part of religion, society, and social justice. The first example of Waqf in Islam was when Prophet Muhammad himself dedicated properties in the name of Allah, including for the construction of mosques, schools, and hospitals.
• Expansion of Waqf: After the time of Prophet Muhammad, the Islamic empire expanded, and the tradition of Waqf also grew. As the Islamic empire expanded, Waqf properties were dedicated to mosques, madrasas, hospitals, charitable institutions, schools, and social services.
• Contribution in Mughal Era: The Waqf tradition saw significant development during the Mughal Empire in India. Emperor Akbar and his successors managed Waqf properties, dedicating them for religious and social purposes. Waqf properties were used for the construction of mosques, madrasas, and hospitals.
• British Era: During British rule, the control and management of Waqf properties shifted to the British government, leading to several instances of misuse and mismanagement. The British introduced Waqf boards and took administrative control over Waqf properties.
• Post-Independence India: After India’s independence, laws were enacted for the management of Waqf properties. The Waqf Act of 1995 was introduced to ensure the proper management and protection of Waqf properties and prevent misuse.

Objectives and Functions of Waqf

• Religious Purpose: Waqf properties are dedicated to mosques, madrasas, and Islamic education.
• Social Purpose: Waqf properties are dedicated for the welfare of the poor, the needy, and orphans.
• Health and Education: Waqf properties are dedicated to the construction of hospitals, schools, and colleges.
• Other Welfare Programs: Waqf properties are also used for organizing various welfare programs for the betterment of society.

Legal Framework of Waqf

• Waqf Boards and Central Waqf Council: The management of Waqf properties is handled by various Waqf Boards at the state level and the Central Waqf Council at the national level.
• Waqf Act, 1995: This Act regulates the management, monitoring, and protection of Waqf properties.
• Waqf Tribunal: A Waqf Tribunal has been set up to resolve disputes related to Waqf properties.
• Prohibition on Sale of Waqf Properties: Waqf properties cannot be sold or transferred and must be used solely for the purpose for which they were dedicated.

Waqf (Amendment) Bill 2025

• The Waqf (Amendment) Bill 2025 aims to bring reforms in the management of Waqf properties, enhance transparency, and address the long-standing administrative, legal, and financial issues related to Waqf properties.

Key Issues:

• Lack of transparency in Waqf property management.
• Incomplete surveys and mutations of Waqf land records.
• Insufficient provisions for women’s inheritance rights.
• Encroachments and pending legal cases.
• Illegal claims by Waqf boards over properties.
• Lack of proper accounting and auditing of Waqf properties.
• Administrative inefficiency in Waqf management.
• Rights of Non-Muslim Properties: The Bill also seeks to ensure the protection of non-Muslim properties when declared as Waqf properties, addressing disputes related to such claims.
• Rights of Muslim Women and Legal Heirs: The Bill includes provisions to ensure the legal rights of Muslim women, especially regarding inheritance and property matters. It also promotes self-help groups (SHGs) and financial empowerment programs for women.
• Empowerment of the Poor: Waqf properties play a crucial role in social welfare, especially for the poor and marginalized. The Bill aims to improve the management of these properties to increase their revenue, which can be used for welfare programs.

Administrative Challenges and Solutions

• The Waqf Bill 2025 proposes several administrative reforms to ensure the effective management of Waqf properties:
• Digitalization of Waqf records for transparency.
• Collaboration between Waqf boards and local authorities for better coordination.
• Protecting the rights of stakeholders and ensuring accountability.
• Empowerment of Backward Communities and Muslim Sects
• The Bill also proposes representation from various Muslim sects, including Bohra, Aghakhani, and other backward Muslim communities in Waqf boards to ensure inclusive governance and decision-making.