The Evolving Landscape Of Waqf In India - A Legal And Socio-Economic Perspective
Author: LawSphereX
Category: Property & Real Estate
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THE EVOLVING LANDSCAPE OF WAQF IN INDIA: A
LEGAL AND SOCIO-ECONOMIC PERSPECTIVE
Pravin Kumar Majhi, Faculty of Law, University of Delhi
ABSTRACT
The institution of Waqf, a cornerstone of Islamic law, represents a perpetual endowment of property for religious, charitable, or pious purposes. In India, the administration of Waqf has been governed by evolving legal frameworks, with the latest being the Waqf (Amendment) Act, 2025. This paper explores the legal, socio-economic, and administrative dimensions of Waqf in India, analyzes historical inefficiencies, and examines recent legislative reforms including the role of the Sachar Committee and the Joint Parliamentary Committee. Special focus is given to changes in property registration, inclusivity, dispute resolution, and digital governance mechanisms. The paper argues that although religious in origin, the modern regulation of Waqf is deeply tied to property law and socio-economic development.
The institution of Waqf, a cornerstone of Islamic law, denotes the perpetual dedication of assets, both tangible and intangible, for purposes recognized under Muslim law as pious, religious, or charitable. This irrevocable act of endowment necessitates a robust framework for governance and management to ensure the fulfillment of its intended objectives. In India, the administration of Waqf properties is primarily vested in State Waqf Boards, which oversee their utilization for communal benefit, ranging from religious institutions to educational facilities. These boards appoint Mutawallis, or custodians, responsible for the stewardship of the assets and the generation of income, a portion of which is contributed to the State Waqf Board.
The structure is further supported by a central-level Waqf Council and specialized tribunals for dispute resolution, all operating within the ambit of the Waqf Act, initially passed in 1954 and later replaced by the Waqf Act of 1995, which granted more powers to Waqf Boards. The recent enactment of the Waqf (Amendment) Act, 2025, also known as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, signifies a crucial juncture in this legal and socio-economic landscape. The legislative framework governing Waqf in India has undergone significant evolution, notably with amendments in 2013 and culminating in the comprehensive Waqf (Amendment) Act, 2025. These changes have been largely informed by the comprehensive analysis presented in the Sachar Committee Report and subsequent deliberations, including those of a Joint Parliamentary Committee (JPC).
The Sachar Committee Report highlighted critical issues pertaining to the management and productivity of Waqf properties. The 2006 data revealed a substantial inventory of approximately 490,000 registered Waqf properties across India, encompassing around 600,000 acres. Despite a considerable market valuation of ₹1. 2 trillion, the recorded book value was significantly lower, and the annual income generated was a modest ₹1. 63 billion. This disparity underscored the prevalence of underutilization and administrative inefficiencies, hindering the potential of these assets to contribute meaningfully to the socio-economic advancement of the Muslim community.
The Sachar Committee advocated for stringent regulatory measures, enhanced management protocols, the implementation of digital record-keeping systems, and the engagement of professional expertise to optimize the performance of Waqf properties. These recommendations have significantly shaped the amendments to the Waqf Act. The persistent challenges in the effective management of Waqf properties led to the introduction and subsequent passage of the Waqf (Amendment) Bill, 2024, which became the Waqf (Amendment) Act, 2025. This legislation aims to introduce greater clarity in the operational guidelines, streamline the functions of Waqf boards, and fortify the mechanisms for property management, ultimately benefiting poor Muslims as intended by the government. The JPC played a crucial role in scrutinizing the initial bill and recommending amendments, leading to the final form of the Act.
Several contentious aspects within the original Waqf Act have been addressed through these recent amendments. The eligibility criteria for dedicating property as Waqf now explicitly require the donor to be a practicing Muslim for at least five years and to possess ownership of the property. The ambiguous concept of "Waqf by User," which permitted the classification of property as Waqf based solely on prolonged usage without formal documentation, has been eliminated prospectively, although properties already registered under this provision will retain their status unless disputed with the government. Furthermore, the Act clarifies the status of government land, stipulating that it cannot automatically be deemed Waqf property, with the authority to determine such disputes now vested in a designated senior officer appointed by the State Government, moving away from the District Collector.
The responsibility for surveying Waqf properties also lies with the Collector. The Act has removed the exemption for Waqf properties under the Limitation Act, 1963, ensuring a defined period for legal challenges. The principle of 'Waqf alal aulad' has been amended to ensure equitable inheritance rights for all heirs, including daughters. The composition of Waqf boards and councils has been broadened to include two non-Muslim members to promote inclusivity, and among the Muslim members, at least two must be women, with representation also mandated from Shia, Sunni, Bohra, Aghakhani, and other backward Muslim communities. The leadership of the Waqf tribunals will now include a current or former District Court judge as the chairman, alongside a current or former Joint Secretary-level state government officer, removing the mandatory inclusion of a Muslim law expert.
The Act has also reduced the mandatory annual contribution of Waqf institutions to the Waqf Boards from 7% to 5%, allowing for more funds to be directed towards charitable activities, and mandates audits for institutions with an annual income exceeding ₹1 lakh. A central online portal is to be established for the registration and management of Waqf properties, enhancing transparency and efficiency. In conclusion, while the foundational principles of Waqf are inherently religious, the administration and management of Waqf properties constitute a matter of property law and socio-economic significance. The Waqf (Amendment) Act, 2025, represents a significant legislative endeavor to modernize the legal framework governing Waqf, address historical inefficiencies, enhance transparency and accountability, and ensure that the benefits of these endowments reach the intended communities.
The removal of "Waqf by User" and Section 40 of the old Act, coupled with the increased role of government-appointed officials and the inclusion of non-Muslim members, have sparked debate regarding potential impacts on the autonomy of Waqf boards and the religious character of these institutions. Nevertheless, the Act aims to streamline administration, protect Waqf properties from encroachment, and promote social welfare and economic development within the framework of Islamic law. Continued vigilance and effective implementation of these changes will be crucial in realizing their intended objectives and addressing the long-standing issues associated with Waqf management in India. References:
1. https://www.drishtiias.com/daily-upd ates/daily-news-analysis/waqf-amendmentbill-2024
2. https://www.thehindu.com/news/national/waqf-amendment-bill-analysis-andexplainers-from-the-hindu/article69402487.ece