BY – KALPANA SAHOO
Introduction:
Waqf (also spelt Wakf) is a centuries-old Islamic institution in which a person dedicates movable or immovable property for religious or charitable purposes in perpetuity. In India, Waqf properties — mosques, graveyards, schools, waqf-managed charitable assets — are governed by a statutory framework administered at both the national and the state level. Waqf Boards are the statutory bodies set up to protect, manage and develop these endowed properties for the purposes intended by the donors.
Historical background and legal evolution
The principle of waqf is as old as Islamic charitable practice. In colonial and post-colonial India, several legislative steps were taken to bring waqf property under statutory management and to address problems such as mismanagement and encroachment. Early statutory interventions arose in the 20th century to register and supervise waqf properties.
Pre-colonial & Mughal period — Waqf was governed mainly by Islamic law and local customs, with custodians (mutawallis) managing properties.
British colonial period — The British passed the Mussalman Waqf Validating Acts (1894, 1913) to legally recognise charitable and family waqfs.
The modern consolidated framework in independent India was developed over decades and today the principal national statute is commonly referred to as the Central Waqf Act (the consolidated, post-independence statutory regime that governs how Waqf Boards are constituted and operate). State Waqf Boards were created under that framework to exercise local administration.
Post-independence — The first nationwide legal framework came with the Waqf Act, 1954, establishing Central and State Waqf Boards.
Waqf Act, 1995 — This modernised framework replaced earlier laws, making it mandatory to register waqfs, creating stronger state boards, and enhancing the powers of the Central Waqf Council.
India’s system is two-tiered:
Central level –
The Central Waqf Council (CWC) is a statutory advisory body that assists the central government and coordinates policy, provides technical support, and promotes best practices across state boards. It does not directly manage local Waqf properties but issues guidance and recommendations.
State level -
State Waqf Boards are statutory corporations established under the central legislation to administer waqf properties within each state. Each board is responsible for registration, administration, development and protection of waqf assets in its territory.
Boards typically consist of a chairperson, official members (government nominees), elected and nominated representatives of the Muslim community, and sometimes legal/technical experts depending on rules.
Local management -
Individual waqf properties are often administered by a mutawalli (trustee/custodian), who may be appointed under the waqf deed or under board supervision. State boards have powers to supervise, inquire into and, in some cases, remove or replace mutawallis where there is mismanagement.
Central Waqf Council (CWC)
Constituted under: The Waqf Act, 1995
Role: Advisory body to the Central Government, providing guidance to State Waqf Boards, formulating policies, and promoting better management practices.
FUNCTIONS:
State Waqf Boards and the Central Waqf Council carry out a wide set of responsibilities:
Registration and record-keeping: Maintain a register of waqf properties and deeds.
Survey and identification: Undertake surveys to locate waqf properties and detect encroachments or unlawful occupation.
Protection and eviction: Institute legal or administrative action to remove encroachments and recover properties.
Management and development: Oversee management of waqf assets — ensure income is applied to religious or charitable objects; develop unused or underused properties for income generation consistent with waqf purpose.
Appointment and oversight of mutawallis: Supervise trustees, intervene in cases of mismanagement, and implement succession or removal as per law.
Audits and accounts: Audit accounts of waqf institutions and ensure funds are properly used; many boards now emphasize financial transparency and audits.
Advisory and welfare: Run or support hospitals, schools, madrassas, burial grounds and other community welfare activities funded by waqf income.
Despite the formal framework, several practical problems affect waqf governance across India:
Encroachment and illegal occupation of waqf land by private parties or public agencies.
Poor records and identification — many waqf properties lack clear titles or up-to-date registry entries, making recovery hard.
Administrative mismanagement — absence of capacity, weak accounting, and sometimes corruption.
Legal fragmentation — complex litigation over titles and overlapping local land records.
Resource constraints — many boards lack staff, technical capability (survey, GIS, legal teams) and funds for enforcement.
To address some of these, there have been sustained pushes for digitization, comprehensive surveys, better legal tools against encroachers, and professionalization of board staff.
KEY FEATURES OF THE WAQF (AMENDMENT)ACT,2025
The Government introduced the Waqf (Amendment) Act, 2025 to address long-standing concerns over:
1. Background
The Waqf (Amendment) Act, 2025, also called the UMEED Act, is a major overhaul of how Waqf properties are managed in India.
The government’s stated aim is to:
Make property management more transparent.
Stop misuse and illegal claims.
Ensure inclusive representation.
Speed up dispute resolution.
This law updates the original Waqf Act of 1995, which had not seen such sweeping changes in decades.
2. Main Updates & New Provisions
A. Inclusive and Government-Nominated Governance
Board Composition Changes:
Now two non-Muslim members must be part of every State Waqf Board and the Central Waqf Council.
Two Muslim women must also be included.
Representation is ensured for Sunni, Shia, Bohra, Aghakhani, and OBC Muslim communities.
End of Elections:
Earlier, many members were elected by Muslim bodies. Now all members are nominated by the State Government.
Nominees do not have to be Muslim, opening the door to outsiders in Board decisions.
Purpose: Increase diversity, bring in external oversight, and reduce political group influence within the community.
B. Full Digitalization of Waqf Property Records
Central Waqf Portal created to register, track, and monitor all Waqf properties.
Unique 17-digit ID for each property to avoid duplication or false claims.
All properties must be registered within 6 months of the law taking effect.
Purpose: Stop illegal encroachments, maintain transparency, and give government and public easy access to property details.
C. Tightening Property Claim Rules
End of “Waqf by User” for Future Cases:
Earlier, if land was used for religious purposes over time, it could automatically be declared Waqf.
Now, this will not apply to new properties.
Old registered cases remain valid unless disputed or on government land.
Section 40 Changes:
Waqf Boards cannot unilaterally declare a property as Waqf.
Decisions must follow a legal investigation process.
Government Land Protection:
Claims over government land will be investigated by a senior officer (above District Collector), not by the Waqf Board itself.
Purpose: Prevent arbitrary claims and protect non-Waqf and government lands.
D. Faster and More Neutral Dispute Resolution
Tribunal Restructured:
Now includes a District Judge (current/former) and a senior government officer.
Requirement for Islamic law scholars is removed.
Right to Appeal:
Tribunal rulings can now be appealed to the High Court within 90 days.
Limitation Act Applied:
Waqf property claims must be made within a fixed legal time limit.
Purpose: Speed up case resolution and make decisions more legally balanced.
E. Financial and Administrative Accountability
Audit Rules:
Waqf institutions earning over ₹1 lakh a year must undergo government-supervised audits.
Board Contribution Reduced:
Mandatory payment from institutions to the Board is lowered from 7% to 5%, allowing more money for charity.
Donor Eligibility Rule:
Only Muslims who have been practicing Islam for at least 5 years can donate property as Waqf.
Purpose: Ensure funds are used for intended welfare purposes and reduce misuse.
F. Protection of Inheritance Rights
Before a property is made Waqf, all legal heirs (especially women, widows, children) must receive their rightful inheritance share.
Muslim trusts created under other laws will not automatically be treated as Waqf.
Purpose: Stop families from losing inheritance due to religious dedication of property without consent.
3. Government’s Position
The government says these changes:
Modernize Waqf management.
Increase transparency and fairness.
Protect assets from fraud.
Make governance more representative.
4. Reactions
Supporters believe it stops land misuse, protects poor beneficiaries, and ensures proper auditing.
Opponents—especially religious organizations—say it reduces community control, undermines autonomy, and allows non-Muslims too much say in religious matters.
Several Muslim bodies have challenged the law in the Supreme Court.
Conclusion:
Waqf Boards play a vital role in preserving and deploying community charitable assets. While India has a detailed statutory architecture with central guidance through the Central Waqf Council and local administration by state boards, real-world effectiveness depends on accurate records, legal teeth against encroachment, transparency, and professional management.
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