From Mughal Rule to Modern Reforms: Tracing the History of Waqf in India
The passage of the Waqf Amendment Bill 2025 after rigorous debates in both the Lok Sabha and Rajya Sabha has reignited interest in the historical evolution of Waqf in India. While the ruling NDA praised the legislation as a progressive step for minority welfare, the opposition INDIA Bloc criticized it as “anti-Muslim” and “divisive”. Despite vocal resistance and rejected amendments, the bill was eventually passed.
Waqf: An Ancient Legacy of Religious Charity
The roots of the Waqf system in India can be traced back to the pre-colonial period when Islamic rulers and nobles donated property for religious and charitable causes. The term “Waqf” originates from the Arabic word waqufa, meaning to detain, hold, or tie up. In Islamic law, Waqf refers to a permanent endowment of property for pious or philanthropic purposes.
Once a property is designated as Waqf, it cannot be inherited, gifted, or sold. Though often seen as a religious institution, the Waqf system in India also revolves around legal governance and the structured management of assets.
Early Legal Recognition and Colonial Reforms
In pre-colonial India, family and religious matters were governed by customary and personal laws. However, British colonial rule introduced a uniform legal system, which initially declined to recognize family Waqfs. This stance shifted with the Mussalman Wakf Validating Act of 1913, which acknowledged the creation of family Waqfs with eventual charitable outcomes.
The Mussalman Wakf Act of 1923 brought regulations for accounting and transparency, and the 1930 amendment reinforced the legality of family Waqfs. These were early efforts to bring structure and oversight to Waqf administration.
Post-Independence Governance and the 1954 Act
A more significant shift occurred post-independence with the Waqf Act of 1954. It enabled state governments to establish State Waqf Boards (SWBs) and later introduced the Central Waqf Council in 1964 to oversee them. These reforms marked a move toward centralized and regulated governance of Waqf properties.
Subsequent amendments in the years 1959, 1964, 1969, and 1984 continued to refine administrative mechanisms. However, a more comprehensive overhaul came with the Waqf Act of 1995.
Waqf Act of 1995 and Institutional Framework
Replacing earlier laws, the Waqf Act of 1995 introduced a clear framework for Waqf governance. It defined roles for State Waqf Boards, the Central Waqf Council, Chief Executive Officers, and mutawallis (property managers). It also established Waqf Tribunals with powers comparable to civil courts—whose decisions are considered final and not challengeable in civil courts.
2013 Amendments: Strengthening Oversight
The Waqf (Amendment) Act of 2013 brought several notable changes:
- Establishment of three-member Waqf Tribunals with a mandatory expert in Muslim law.
- Requirement of at least two women members in every State Waqf Board.
- Ban on selling or gifting Waqf properties.
- Extension of lease periods for Waqf properties from 3 to 30 years to improve utilization.
Waqf in Modern India: Data and Transparency
As per the Ministry of Minority Affairs, India has over 8.72 lakh Waqf properties spread across 30 States and Union Territories, covering more than 38 lakh acres. Data from 32 State Waqf Boards has been uploaded to the Waqf Assets Management System of India (WAMSI) portal. Of these properties, around 4.02 lakh are classified as Waqf by user.
However, documentation remains incomplete. So far, ownership deeds have been uploaded for only 9,279 cases, with just 1,083 Waqf deeds officially recorded.
Looking Ahead: The 2025 Amendment Bill
The Waqf (Amendment) Bill 2025 aims to address long-standing governance challenges by boosting transparency and ensuring better protection of Waqf assets. According to the Ministry, these amendments align with international best practices and reinforce the government’s commitment to religious and charitable institutions.
From royal donations during the Mughal era to modern legal reforms, the Waqf system has undergone significant transformation. The latest amendments are part of this ongoing journey to balance religious tradition with effective governance