What is Waqf?
Waqf (sometimes spelled Wakf) is a concept from Islamic law where someone donates their property—land, buildings, or even money—for a religious, charitable, or community purpose. Once a property becomes a Waqf, it’s considered dedicated to God, meaning it can’t be sold, gifted, or taken back. The idea is to use it for things like building mosques, schools, hospitals, or helping the poor. In India, Waqf properties are managed by Waqf Boards, which are legal bodies set up in each state to look after these assets.
Think of it like a permanent charity trust: you give something away for a good cause, and it stays that way forever. India has a huge amount of Waqf property—around 870,000 properties covering 940,000 acres, worth over ₹1 lakh crore (that’s a massive amount of money!). This makes the Waqf Board the third-largest landowner in India, after the Indian Railways and the Armed Forces.
A Quick History of Waqf Laws in India
Waqf has been around in India for centuries, starting back in the 12th century when Muslim rulers began setting aside land for community use. Over time, laws were made to manage it better:
1913: The British introduced the first formal Waqf law to organize how these properties were handled.
1995: The Waqf Act was passed in independent India. It created Waqf Boards and gave them power to manage properties, decide what counts as Waqf, and protect it from misuse or encroachment (people illegally taking over the land).
2013: The law was updated to fix some problems, like adding stronger rules against encroachment and giving Waqf Boards more authority.
But there were still issues: mismanagement, corruption, and disputes over who really owns some properties. For example, the 2006 Sachar Committee found that Waqf properties could be worth much more but were poorly run, generating only a tiny fraction of their potential income.
What is the Waqf (Amendment) Bill, 2024?
The Waqf (Amendment) Bill, 2024, is a new law introduced by the Indian government on August 8, 2024, to update the Waqf Act of 1995. It’s now called the Waqf (Amendment) Act, 2025, because it was passed by Parliament and signed into law by President Droupadi Murmu in April 2025. The goal? To make Waqf management more efficient, transparent, and fair. Here’s what it changes, explained simply:
Key Changes in the Bill
Who Can Create a Waqf?
Old Rule: Anyone could dedicate property as Waqf, even non-Muslims (since 2013).
New Rule: Only someone who has practiced Islam for at least 5 years can create a Waqf. They must also own the property they’re donating.
Why? The government says this ensures Waqf stays true to its religious roots, but critics argue it excludes new converts or others who want to contribute.
No More “Waqf by User”
Old Rule: If a property was used for a religious or charitable purpose for a long time (like a mosque or graveyard), it could be recognized as Waqf, even without paperwork.
New Rule: This “Waqf by user” idea is gone. Now, you need proper documentation to prove it’s Waqf.
Why? To stop vague claims, but some worry it could challenge the status of old, undocumented Waqf properties.
District Collectors Get Power
Old Rule: Waqf Boards decided if a property was Waqf, and their decisions were final unless a Waqf Tribunal (a special court) changed it.
New Rule: District Collectors (government officials) now decide if a property is Waqf or government land in disputes. Their call is final unless appealed in a High Court.
Why? The government says this reduces misuse by Waqf Boards, but opponents say it’s government overreach into religious matters.
Non-Muslims and Women on Waqf Boards
Old Rule: Waqf Boards were mostly made up of Muslims.
New Rule: Boards must include at least two non-Muslims and two Muslim women.
Why? To make them more inclusive and diverse, but some argue it interferes with the Muslim community’s right to manage its own affairs.
Transparency and Technology
New Rule: All Waqf properties must be registered with the District Collector, and there’s a digital portal to track them. Audits can be ordered by the government.
Why? To stop corruption and mismanagement, ensuring the properties are used properly.
Inheritance Rights
New Rule: When someone creates a family Waqf (called Waqf-alal-aulad, for their heirs), it can’t deny inheritance rights, especially to women.
Why? To protect women’s rights, which is a big step forward for fairness.
Time Limits on Claims
Old Rule: Waqf Boards could claim encroached land anytime (no time limit).
New Rule: The Limitation Act, 1963, now applies—if someone has occupied Waqf land for over 12 years, they might claim it legally (called adverse possession).
Why? To settle old disputes, but critics say it could legalize illegal takeovers of Waqf land.
Why Is It Controversial?
The bill has sparked a huge debate. Here’s why people are divided:
Supporters Say:
Better Management: It fixes problems like corruption, illegal land grabs (e.g., the Karnataka Waqf Board scam), and poor income from Waqf properties.
Transparency: Digitizing records and involving District Collectors make things clearer and less prone to abuse.
Inclusivity: Adding women and non-Muslims modernizes Waqf Boards.
Community Benefit: It ensures Waqf properties help the poor, not just the rich or powerful.
Critics Say:
Government Control: Giving power to District Collectors and adding non-Muslims is seen as the government meddling in Muslim religious affairs, which the Constitution protects under Article 26 (freedom to manage religious institutions).
Unfair Rules: The 5-year Islam practice rule and removing “Waqf by user” could exclude people and challenge old Waqf properties.
Land Loss: Applying time limits might let encroachers keep Waqf land, weakening community assets.
Anti-Muslim?: Opposition parties like Congress and AIMIM call it “anti-Muslim” and say it’s a political move by the BJP to target minorities.
How Did It Become Law?
August 2024: Introduced in the Lok Sabha (lower house of Parliament) by Minority Affairs Minister Kiren Rijiju.
Joint Parliamentary Committee (JPC): Sent to a 31-member panel for review. They made some changes after heated debates, but opposition members said their suggestions were ignored.
April 2025: Passed by Lok Sabha (288 votes for, 232 against) and Rajya Sabha (128 for, 95 against) after marathon debates.
President Murmu signed it into law on April 6, 2025.
What Does It Mean for People?
For Muslims: Waqf properties fund mosques, schools, and welfare. If managed well, this could mean more benefits for the poor. But some fear losing control over their heritage.
For the Government: It’s a chance to clean up a messy system and settle disputes (e.g., claims over places like Bet Dwarka islands).
For Everyone: It’s a test of balancing religious rights with modern governance. If it works, it could be a model for other community assets.
Legal Challenges Ahead?
The All India Association of Jurists has already challenged the Waqf (Amendment) Act, 2025, in the Supreme Court, saying it violates religious freedom and gives the government too much power. Other groups, like the DMK in Tamil Nadu, also plan legal action. So, the final word might come from the courts.
In Simple Terms
The Waqf (Amendment) Bill is like a big renovation project for an old house (the Waqf system). The government wants to make it stronger, cleaner, and more open by adding new rules, tech, and outside help. Some people love the upgrade, saying it’ll make things fairer and more useful. Others hate it, worried it’s tearing down their home and giving it to someone else. As of April 8, 2025, it’s law—but the fight over it isn’t over yet!
