What does Waqf mean?
🔍 Definition of Waqf (in general):
A waqf is a donation where the ownership of the property does not change. Still, its use or benefit is determined for the public, especially for religious, educational, medical, or charitable purposes.
🕌 Waqf from an Islamic perspective:
According to Islam, a waqf is a sadaqah zariyah (perpetual donation), the reward of which continues to be received by the recipient even after death. The beloved Prophet Muhammad (peace be upon him) himself also instructed and encouraged the making of waqf.
🧾 Characteristics of Waqf:
Permanent: Once a waqf is made, it cannot be taken back.
Undivided ownership: The main property cannot be sold, gifted, inherited or mortgaged.
Religious or social welfare purposes: Can be used for mosques, graveyards, madrasas, hospitals, orphanages, etc.
Special management: A mutawalli (director) is appointed to manage the waqf property.
🏠 Example:
If someone makes a waqf of his land and says, “A mosque will be built on this land and it will be used in the path of Allah”— then that land becomes a waqf and his successors can no longer claim it.
📜 Legal perspective (in India):
In India, the first law related to waqf came with the Wakf Act, 1954, followed by the Wakf Act, 1995, and the Amendment Act of 2025. There is a State Waqf Board in each state and the Central Waqf Council at the central level, which oversees this property.
What are the differences between the old Wakf Act and the new Wakf Act?
The differences between the old Wakf Act and the new Wakf Act are mainly seen in terms of time, administrative structure, transparency, and property management. The main differences are highlighted below:
1. Year and structure of the law:
Old Wakf Act: The first Wakf Act was introduced in India in 1954 during the tenure of Jawaharlal Nehru (The Wakf Act, 1954). It was based on a limited framework. New Wakf Act: In 1995, "The Wakf Act, 1995" was introduced during the tenure of Prime Minister P. V. Narasimha Rao, which repealed the 1954 Act. Later, in 2013, during the tenure of Dr. Manmohan Singh, major amendments were made to this Act.
2. Structure and Powers of the Wakf Board:
Old Act: The powers of the Wakf Board were limited and there was less government oversight over them. New Act: The Wakf Board has been given more powers. Rules and regulations have been tightened in the selection and appointment of board members.
3. Registration and management of property: Old law: Registration of waqf property was not mandatory. Many properties are lost due to mismanagement. New law: Every waqf property must be registered with the Registrar of Waqf. In addition, instructions have been given to maintain a database of properties.
4. Measures against encroachment and irregularities:
Old law: There was no specific provision to take action against illegal encroachment. New law: The amendment of 2013 has added provisions to take strict action against illegal encroachment, even providing fines and imprisonment.
5. Transparency and use of information technology:
Old law: There was a lack of transparency, there was no use of information technology. New law: Digital registry, geo-tagging, online information provision, etc. have been included.
6. Council for recommendations and supervision:
New law: "Central Waqf Council" and "State Waqf Boards" work effectively for monitoring and providing recommendations.
What are the changes made in the Waqf Amendment Act, 2025?
The Waqf (Amendment) Act, 2025 has brought several important changes, which have an impact on the management and administration of Waqf properties in India. The main changes are as follows:
1. Inclusion of non-Muslim members in Waqf Boards:
The new law provides for the inclusion of non-Muslim members in the Waqf Board and the Central Waqf Council. The government claims that this change will increase transparency and diversity and reduce corruption. However, critics feel that it may interfere with the religious and cultural autonomy of the Muslim community.
2. Prohibition of Waqf claims on government properties:
The amended law prohibits the claim of properties owned, managed or controlled by the government as Waqf. As a result, Waqf claims cannot be made on government properties.
3. Five-year Muslim requirement for declaration of waqf:
According to the new provisions, anyone who wants to declare a waqf must have been a practicing Muslim for at least five years. This condition ensures that converts take sufficient time to make an informed decision about waqf.
4. Restructuring of Waqf Tribunal and scope of appeal:
The amendment has restructured the structure of the Waqf Tribunal and provides for an appeal to the High Court within 90 days against the decision of the Tribunal.
5. Use of technology and establishment of a central portal:
Directions have been given to establish a central portal and database for registration and management of waqf properties, which will enhance transparency and accountability.
6. Limitation in case of expired claims:
The amendment has made the Limitation Act, 1963 applicable, which will limit claims on waqf properties after a certain period.
These changes will bring about a change in the management of waqf properties.