Latest update Android YouTube
Home
History
India

Comprehensive Report on the Waqf Board in India

Estimated read time: 26 min
Comprehensive Report on the Waqf Board in India

The Waqf Board in India is a statutory body responsible for the administration, management, and oversight of waqf properties across the country.

Comprehensive Report on the Waqf Board in India - IndianTechnoEra

Key Points

  • Waqf is likely a permanent dedication of property for religious or charitable purposes under Islamic law, managed by boards in India.
  • Research suggests Waqf boards, established since 1913, manage around 872,000 properties, with significant holdings in Uttar Pradesh and other states.
  • The evidence leans toward state Waqf boards handling administration, with recent 2025 amendments allowing non-Muslim members, sparking debate.
  • Controversies include land disputes and mismanagement claims, reflecting complex community and legal tensions.

Overview

The Waqf Board in India oversees properties dedicated for Islamic religious and charitable purposes, playing a crucial role in community welfare. Here's a breakdown of its history, structure, functions, recent changes, and challenges.

What is Waqf?

Waqf seems to involve dedicating property permanently for purposes like maintaining mosques or aiding the poor, managed under Islamic law. The person creating it is called a Wakif, and once established, the property remains Waqf forever.

History and Structure

Waqf practices in India date back to medieval times, with formal regulation starting in 1923 via the Mussalman Waqf Act. The Central Waqf Council, set up in 1964, advises nationally, while state boards manage locally, with one for each state and union territory.

Functions and Recent Changes

State boards likely handle tasks like property maintenance, income management, and legal representation. The 2025 Waqf (Amendment) Bill, passed recently, allows non-Muslim members and removes the need for a Muslim CEO, aiming for inclusivity but facing opposition as potentially anti-Muslim.

Controversies and Utilization

There are claims of land grabbing and mismanagement, with disputes over property ownership causing tension. Properties are used for religious sites, commerce, and education, with major holdings in Uttar Pradesh (232,547 properties) and others, valued at around Rs 1.2 lakh crore.

Comprehensive Report on the Waqf Board in India

This report provides an in-depth analysis of the Waqf Board in India, covering its definition, historical evolution, organizational structure, functions, recent legislative updates, controversies, and utilization of properties. The information is current as of April 6, 2025, and aims to offer a detailed understanding for stakeholders and researchers.

Definition and Concept of Waqf

Waqf is defined as a permanent dedication of movable or immovable properties for religious, pious, or charitable purposes as recognized by Muslim Law, given by philanthropists. The person making such a dedication is known as a Wakif, and the grant is referred to as mushrut-ul-khidmat. Once a property is declared Waqf, it remains so indefinitely, managed for purposes such as maintaining mosques, graveyards, educational institutions, healthcare facilities, and providing financial aid to the poor and disabled [Central Waqf Council - Wikipedia].

The creation of a Waqf requires the dedicator to be of sound mind and hold valid ownership of the property. Interestingly, the Waqif does not necessarily need to be Muslim, as long as they profess belief in Islamic principles. Unlike trusts under the Indian Trusts Act, 1882, Waqfs are perpetual, irrevocable, and inalienable, with the property vesting in God rather than a trustee [Decoded: How is a Waqf created, and what are the powers of Waqf Board? | India News - Business Standard].

Historical Evolution

The practice of Waqf in India has roots in the medieval period, particularly during the Mughal era, with formal legislative recognition beginning under British rule. The Waqf boards were constituted in 1913, and the first legislation, the Mussalman Waqf Act 1923, was enacted to regulate these properties. This was followed by the Waqf Act, 1954, which established the Central Waqf Council in 1964 as an advisory body. The current framework is governed by the Waqf Act, 1995, amended in 2013 and most recently in 2025 with the passage of the Waqf (Amendment) Bill, 2024, reflecting ongoing efforts to address administrative and legal challenges [Central Waqf Council - Wikipedia].

Historical data indicates that Waqf properties expanded significantly, with land acquisitions facilitated by subsequent Muslim rulers and political decisions. For instance, post-partition, properties of Muslims migrating to Pakistan were transferred to Waqf Boards in India, contributing to their growth [Waqf Act,1995: A Tool given to Waqf Boards to snatch the property of Hindus ? - Times of India].

Organizational Structure

The management of Waqf in India is bifurcated into national and state levels:

  • Central Waqf Council: A statutory body under the Ministry of Minority Affairs, established in 1964, it advises the Central Government on matters concerning the working of state Waqf Boards and the administration of Waqfs. It does not directly control properties but plays a supervisory role [Central Waqf Council | Ministry of Minority Affairs, Government of India].
  • State Waqf Boards: There is a Waqf Board for each state and union territory, responsible for the day-to-day administration and management of Waqf properties within their jurisdiction. For example, Andhra Pradesh has its board at 4th Floor, Imdad Ghar Complex, Vijayawada, with specific contact details for the chairperson and CEO [CWC - Waqf Boards | Central Waqf Council]. The boards include both Sunni and Shia representations, such as separate boards in Bihar for each sect.

The composition of these boards has been a point of contention, especially with recent amendments allowing non-Muslim members, which was not the case under the 1995 Act, where members were predominantly Muslim [The Waqf (Amendment) Bill, 2024 - PRSIndia].

Functions of State Waqf Boards

The functions of state Waqf Boards are detailed in Section 32 of the Waqf Act, 1995, and include a comprehensive set of responsibilities to ensure effective management and utilization of Waqf properties. Below is a detailed table summarizing these functions:

Function Details
General Superintendence Ensure all auqaf are properly maintained, controlled, administered, and income is applied to intended objects.
Maintain Records Maintain a record of origin, income, object, and beneficiaries of every waqf.
Ensure Income Application Ensure income and property are applied to intended objects and purposes.
Give Directions Give directions for the administration of auqaf.
Settle Schemes of Management Settle schemes of management for a waqf, after hearing affected parties.
Direct Utilization of Surplus Income Direct utilization of surplus income for similar objects, poor, or promotion of knowledge, after hearing affected parties.
Scrutinize and Approve Budgets Scrutinize and approve budgets submitted by mutawallis and arrange for auditing of accounts.
Appoint and Remove Mutawallis Appoint and remove mutawallis in accordance with the Act.
Recover Lost Properties Take measures for the recovery of lost properties of any waqf.
Institute and Defend Suits Institute and defend suits and proceedings relating to auqaf.
Sanction Lease of Immovable Property Sanction lease of immovable waqf property, requiring a two-thirds majority vote, with reasons recorded if not sanctioned.
Administer Waqf Fund Administer the Waqf Fund for various expenses and legal obligations.
Call for Returns, Statistics, Accounts, Information Call for returns, statistics, accounts, and other information from mutawallis.
Inspect Waqf Properties, Accounts, Records, Deeds, Documents Inspect, or cause inspection of, waqf properties, accounts, records, deeds, and documents.
Investigate and Determine Nature and Extent of Waqf Property Investigate and determine the nature and extent of waqf and waqf property, and cause surveys.
Determine Market Rent Determine or cause to be determined, in a specified manner, market rent of waqf land or building.
General Acts for Control, Maintenance, Administration Generally do all acts necessary for the control, maintenance, and administration of auqaf.

These functions must align with the directions of the waqif, the purposes of the waqf, and any usage or custom sanctioned by the relevant school of Muslim law, with specific provisions for Sunni and Shia Waqfs [The Waqf Act, 1995 - India Code].

Recent Legislative Changes

The Waqf (Amendment) Bill, 2024, introduced on August 8, 2024, and passed in early 2025, marks a significant update to the Waqf Act, 1995. Key changes include:

Aspect Change Details/Notes
Formation of Waqf Restricts to persons practicing Islam for at least 5 years, removes waqf by user, clarifies property ownership, and ensures waqf-alal-aulad does not disinherit heirs including females. Reverses 2013 amendment allowing non-Muslims; rationale for 5-year criterion unclear, may violate Article 14.
Survey of Waqf Properties Replaces Survey Commissioner with District Collector for surveys. Enhances Collector's powers to determine ownership, especially for government properties identified as waqf.
Government Property as Waqf Any government property identified as waqf will cease to be waqf; Collector determines ownership and updates revenue records. Affects properties previously under waqf, unclear if retrospective.
Central Waqf Council Composition Removes requirement for MPs, former judges, and eminent persons to be Muslim; mandates 2 non-Muslim members out of 22, allowing up to 12 non-Muslims. Previously, all members (barring Minister) must be Muslim, at least 2 women.
State Waqf Boards Composition Allows state government to nominate all members (up to 11), mandates 2 non-Muslim members, and 2 Muslim women members; can have up to 7 non-Muslims. Previously, 8-12 members, all Muslim, with elected and nominated positions.
Waqf Tribunals Composition Removes expert in Muslim law; now comprises a current/former District Court judge (Chairman) and a current/former joint secretary rank officer. Previously included a judge, state officer, and Muslim law expert; may affect dispute redressal.
Appeals Against Tribunal Orders Removes finality of Tribunal decisions; allows appeals to High Court within 90 days. Previously, Tribunal decisions were final, with limited High Court intervention.
Chief Executive Officer (CEO) Removes requirement for CEO to be Muslim; previously a Muslim officer equivalent to Deputy Secretary. May impact efficiency, as per Sachar Committee (2006) needing officers with Islamic law knowledge.

These amendments aim to enhance transparency and accountability, incorporating suggestions from the Joint Parliamentary Committee, but have sparked debate, with opposition labeling them as potentially anti-Muslim and violating Article 26 (right to manage religious affairs) [The Waqf (Amendment) Bill, 2024 - Wikipedia].

Controversies and Challenges

Waqf properties have been at the center of numerous controversies, reflecting legal, social, and political tensions:

These controversies have fueled demands for reform, with some advocating abolition, while others within the Muslim community call for better management and transparency.

Utilization and Management of Waqf Properties

Waqf properties are utilized for a diverse range of purposes, reflecting their religious, charitable, and economic roles. According to the Waqf Assets Management System of India (WAMSI), as of recent data:

Management is handled by state Waqf Boards, with mutawallis appointed as supervisors for specific Waqfs. The boards ensure income is applied to intended objects, such as maintaining religious sites or funding educational initiatives, and can lease properties for commercial purposes, subject to legal restrictions like a 30-year maximum lease term [The Waqf Act, 1995 - India Code].

Recent efforts include the Scheme for Development of Urban Waqf Properties launched in 1974-75, aiming to protect vacant land from encroachers and develop it commercially, and the Waqf Records Computerization Project to enhance transparency and efficiency [Central Waqf Council | Ministry of Minority Affairs, Government of India].

Statistical Overview

The scale of Waqf properties makes them the third-largest landholders in India, after Indian Railways and the Armed Forces, with an estimated market value of Rs 1.2 lakh crore, based on recent estimates, though the 2006 Sachar Committee valued them at Rs 6,000 crore for 490,000 properties, indicating significant growth [The Waqf (Amendment) Bill, 2024 - Wikipedia]. The following table summarizes key statistics:

Category Number/Percentage
Total Immovable Properties 872,324
Graveyards 150,516 (17%)
Mosques 119,200 (14%)
Agricultural Land 140,784 (16%)
Shops 113,187
Houses 92,505
Dargahs, Mazars, Makbaras 33,492
Uttar Pradesh Holdings 232,547 (27% of national total)
Estimated Value Rs 1.2 lakh crore

These statistics highlight the economic and social significance of Waqf properties, with ongoing efforts to address encroachment (7% of properties) and litigation (2%), though 50% status remains unknown, posing challenges for effective management [The Waqf (Amendment) Bill, 2024 - PRSIndia].

Conclusion

The Waqf Board in India represents a vital institution for managing significant religious and charitable assets, with a complex history and evolving legal framework. Recent amendments aim to enhance inclusivity and efficiency, but controversies around land claims and management underscore the need for balanced reforms. This report provides a foundation for further research and policy discussion, ensuring the Waqf system's role in community welfare is strengthened.

Key Citations

#History #India #Muslim

Post a Comment

Feel free to ask your query...
Cookie Consent
We serve cookies on this site to analyze traffic, remember your preferences, and optimize your experience.
More Details
Oops!
It seems there is something wrong with your internet connection. Please connect to the internet and start browsing again.
AdBlock Detected!
We have detected that you are using adblocking plugin in your browser.
The revenue we earn by the advertisements is used to manage this website, we request you to whitelist our website in your adblocking plugin.
Site is Blocked
Sorry! This site is not available in your country.