The Waqf Amendment Bill is a necessary reform aimed at ensuring transparency, fairness, and the proper management of Waqf properties in India.
Despite opposition claims, this bill does not interfere with religious activities or the property donated by the Muslim community. Instead, it strengthens legal safeguards and prevents misuse of Waqf land.
What is Origin of the concept of ‘Waqf’?
The concept of Waqf in India dates back to the early years of the Delhi Sultanate, when Sultan Muizuddin Sam Ghaor dedicated two villages for the benefit of Jama Masjid in Multan. He entrusted their administration to Shaikhul Islam, establishing one of the earliest known Waqf properties in the region. As Islamic rule expanded through subsequent dynasties, the number of Waqf properties steadily increased across India.
During the British colonial era, Waqf came under scrutiny. In the late 19th century, a legal dispute over a Waqf property reached the Privy Council in London. The British judges hearing the case labeled Waqf as “a perpetuity of the worst and most harmful kind”, declaring it invalid under British law. This ruling suggested a potential abolition of Waqf in India.
However, the verdict was not accepted within India. To counter this, the Mussalman Waqf Validating Act of 1913 was passed, officially recognizing and safeguarding Waqf institutions. Since then, no significant legal action has been taken to restrict or regulate Waqf properties until recent amendments aimed at bringing transparency and preventing misuse.
What is the meaning of ‘Waqf’?
Waqf refers to properties that are permanently dedicated for religious or charitable purposes under Islamic law. These properties cannot be sold, transferred, or used for any other purpose once designated as Waqf.
Ownership and Management of Waqf
- When a person donates a property as Waqf, its ownership no longer remains with the individual but is considered to be held by Allah.
- The individual who establishes a Waqf is called a Waqif.
- Since there is no physical ownership entity, a Mutawalli (custodian) is appointed—either by the Waqif or a competent authority—to oversee and manage the property.
- Once a property is declared as Waqf, the transfer is permanent and irrevocable, meaning it cannot be reclaimed or altered by the donor.
Waqf plays a significant role in supporting religious and charitable activities, ensuring that assets remain dedicated to the welfare of communities for generations.
Misconceptions About Waqf Amendment Bill
The opposition is falsely portraying this bill as an attack on religious freedoms to mislead the minority community for political gains. However, the government has made it clear that it does not intend to interfere in Muslim religious activities or the functioning of Waqf trusts.
Key Highlights of the Waqf Amendment Bill 2025
Waqf Properties Will Be Protected – The bill ensures that Waqf land cannot be declared or acquired arbitrarily. Instead, it must be certified by the district collector to prevent wrongful claims.
Prevention of Illegal Sale of Waqf Properties – Over the years, Waqf properties have been leased or sold illegally. This bill empowers the Waqf Board to take action against such wrongdoings.
No Non-Muslim Interference in Religious Matters – The Mutawali, Waqif, and Waqf Board members will remain Muslims. Non-Muslims, if appointed, will only handle administrative tasks unrelated to religious donations.
Charity Commissioner for Fair Governance – The bill allows a person of any religion to be a Charity Commissioner to ensure that the board functions according to charity laws, not religious laws.
Why This Waqf Amendment Bill is Needed
In 2013, the Waqf law was amended overnight, granting 123 VVIP properties in Delhi’s Lutyens Zone to Waqf. Additionally, between 2013 and 2025, Waqf land increased from 18 lakh acres to 39 lakh acres, highlighting the need for stricter regulation. The bill ensures that only legally owned property can be donated to Waqf.
A Well-Discussed and Transparent Bill
Unlike the 2013 amendment, which was discussed for only 5.5 hours, the current bill underwent 16 hours of debate in both houses. A joint committee held 38 meetings, engaging 284 stakeholders and analyzing one crore online suggestions to ensure a fair and just law.
A Law for Protection, Not Oppression
The Waqf Amendment Bill ensures that religious donations remain intact while preventing illegal land acquisitions and corruption in property dealings. It is a step towards fairness, transparency, and justice for all Indian citizens, regardless of religion.
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