Introduction
What is Waqf
The concept of ‘Waqf’ is rooted in Islamic laws and traditions. It refers to an
endowment made by a Muslim for charitable or religious purposes, such as
building mosques, schools, hospitals, or other public institutions. Another
defining feature of a Waqf is that it's inalienable- which means it cannot be
sold, gifted, inherited or encumbered. Therefore, once a property is divested
from the waqif, i.e., the creator of a waqf, it vests in God and as per Islamic
belief since God is ever lasting, so is the ‘waqf property’.
Addressing Longstanding Issues
The Waqf (Amendment) Bill aims to address issues such as –
- Lack of transparency in Waqf
property management
- Incomplete surveys and mutation
of Waqf land records
- Insufficient provisions for
women’s inheritance rights
- Large number of prolonged
litigations including encroachment. In 2013, there were 10,381 pending
cases which have now increased to 21,618 cases.
- Irrational power of the Waqf
Boards in declaring any property as waqf land based on their own inquiry.
- Large number of disputes
related to government land declared as aqf.
- Lack of proper accounting and auditing of Waqf
properties.
- Administrative inefficiencies in waqf management. ‘
- Improper treatment to Trust properties.
- Inadequate representation of
stakeholders in Central Waqf Council and State Waqf Boards.
Modernizing the Waqf Bill
The Waqf (Amendment) Bill, 2025 aims to streamline the management of
Waqf properties, with provisions to safeguard heritage sites and promote social
welfare.
I.
Non-Muslim
properties declared as Waqf- The Waqf (Amendment) Bill 2025 aims to streamline Waqf property management while safeguarding heritage sites and individual property rights. Various states have seen disputes over
Waqf property claims, leading to legal battles and community concerns. As of
data from September 2024, across 25 States/ UTs Waqf Boards, a total of 5973 government properties have been
declared as Waqf properties. Some examples of the same:
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Tamil Nadu: A farmer in
Thiruchenthurai village was unable to sell his land due to the Waqf Board’s
claim over the entire village. This unexpected requirement prevented him from
selling his land to repay a loan for his daughter's wedding.
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Govindpur Village, Bihar: In August 2024, The
Bihar Sunni Waqf Board’s claim over an entire village in August 2024 affected
seven families, leading to a case in the Patna
High Court. The case is sub-judice.
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Kerala: In September 2024, around
600 Christian families in Ernakulam district are contesting the Waqf Board’s
claim over their ancestral land. They have appealed to the Joint Parliamentary
Committee.
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Karnataka: In 2024, Farmers
protested after the Waqf Board designated 15,000
acres in Vijayapura as Waqf land. Disputes also arose in Ballari, Chitradurga, Yadgir, and Dharwad.
The government, however, assured that no evictions would take place.
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Uttar Pradesh: Complaints have been
raised against alleged corruption and
mismanagement by the State Waqf Board.
Further, the Joint Committee on the Waqf (Amendment) Bill
(JCWAB) had also received some communications regarding unlawful claim of
properties by Waqf Boards, some of which are as under:
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Karnataka (1975 &
2020):40 Waqf properties were notified, including farmlands, public spaces, government lands, graveyards, lakes, and
temples.
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The Punjab
Waqf Board has claimed land
belonging to the Education Department in Patiala.
Additionally, MoHUA (Ministry of
Housing and Urban Affairs) informed the JPC during their presentation in
September 2024, that 108 properties under control of Land and Development
Office, 130 properties under control of Delhi Development Authority and 123
properties in the public domain were declared as Waqf properties and brought
into litigation.
II.
Rights
of Muslim Women and Legal Heirs- The Bill also seeks to
improve the economic and social status
of Muslim women, particularly widows
and divorced women, by promoting self-help
groups (SHGs) and financial independence programs.
Additionally, the Bill aims at achieving the following for the
benefit for Muslim women-
? Transparency in Waqf Management – Digitizing waqf records to curb corruption.
? Legal Aid & Social Welfare – Establishing legal support centers for family disputes and inheritance rights.
? Cultural & Religious Identity – Strengthening cultural preservation and interfaith dialogue.
Women’s
involvement ensures transparency and directs Waqf resources towards:
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Scholarships for Muslim girls
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Healthcare and maternity welfare
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Skill development and microfinance support for
women entrepreneurs
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Vocational training in fields like fashion
design, healthcare, and entrepreneurship
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Establishing legal aid centers for inheritance
disputes and domestic violence cases
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Pension schemes for widows
III.
Upliftment
of the Poor
Waqf plays a crucial
role in serving religious, charitable,
and social welfare needs, especially for the underprivileged. However, its
impact has often been reduced due to mismanagement,
encroachment, and lack of transparency. Some key benefits of Waqf for the
Poor:
- Digitization for Transparency and Accountability
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A centralized
digital portal will track Waqf properties, ensuring better identification, monitoring, and management.
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Auditing and accounting measures will prevent
financial mismanagement and ensure funds are used only for welfare purposes.
- Increased Revenue for Welfare and Development
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Preventing misuse and illegal occupation of Waqf lands will
boost revenue for Waqf Boards, allowing them to expand welfare programs.
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Funds will be allocated to healthcare, education, housing, and livelihood support, directly
benefiting the economically weaker
sections.
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Regular audits and
inspections will promote financial discipline and strengthen public confidence in Waqf management.
IV.
Addressing
Administrative Challenges-
The Waqf (Amendment) Bill 2025 aims to improve governance by:
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Enhancing transparency in property management.
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Streamlining
coordination between Waqf Boards and local authorities.
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Ensuring stakeholder
rights are protected.
V.
Empowerment
of Backward classes & other sects of Muslim communities: The Bill aims at
making the Waqf Board more inclusive having representation from different
Muslim sects for better Waqf governance and decision-making-
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The Bill mandates inclusion of one member each from Bohra and Aghakhani communities
in State/UT Waqf Boards, if they have functional Auqaf.
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Also, the Board will have representation from
Muslims belonging to backward classes apart from Shia and Sunni members.
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Includes two or more elected members from
municipalities or Panchayats, strengthening local governance in waqf affairs.
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The Board/CWC will have two non-Muslim members
excluding the ex-officio members.
Conclusion:
The Waqf (Amendment) Bill 2025 establishes a secular, transparent, and accountable system for Waqf
administration. While Waqf properties serve religious and charitable purposes, their management involves legal, financial, and administrative
responsibilities that require structured
governance. The role of Waqf Boards
and the Central Waqf Council (CWC) is not
religious but regulatory, ensuring legal compliance and safeguarding public
interest. By introducing checks and
balances, empowering stakeholders, and improving governance, the Bill sets
a progressive and fair framework for
Waqf administration in India.
(A
PIB feature)
