What is Waqf, How Many Waqf Properties Exist in India, and What Will Happen If This Law is Passed?
The term "Waqf" originates from the Arabic word "waqafa," meaning "to stop" or "to dedicate." Waqf properties are assets donated for religious or charitable purposes in Islam, and once designated as Waqf, they cannot be sold or repurposed.
The term “Waqf” originates from the Arabic word “waqfah,” meaning “to stop” or “to dedicate.” Waqf properties are assets donated for religious or charitable purposes in Islam, and once designated as Waqf, they cannot be sold or repurposed. The ownership remains with Allah, and the property is managed for the benefit of the community.
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In India, the concept of Waqf dates back to the 12th century, during the Delhi Sultanate. The first recorded Waqf was established by Muhammad Ghori, who dedicated two villages in Multan for the maintenance of a mosque. Over time, the number of Waqf properties grew significantly, leading to legal recognition under British rule in 1913 despite initial opposition.
Extent of Waqf Properties in India
Waqf boards in India are among the largest landowners, following the Indian Army and Railways. According to the Ministry of Minority Affairs, there are approximately 8.7 lakh registered Waqf properties covering 9.4 lakh acres of land. The estimated market value of these properties exceeds ₹1.2 lakh crore.
The state-wise breakdown of Waqf properties is as follows:
- Uttar Pradesh has the highest number of Waqf estates, with over 1.2 lakh properties.
- Tamil Nadu holds the highest number of movable Waqf properties, totaling 16,713.
- There are over 3.56 lakh Waqf estates across India, with 8.72 lakh non-movable properties registered under Waqf boards.
However, many of these properties are embroiled in legal disputes and illegal encroachments. Over 40,951 cases related to Waqf properties are currently pending in courts, including 10,000 cases filed by Muslims against Waqf boards themselves.
Famous Waqf-Owned Monuments
Several historical monuments in India are classified as Waqf properties, including:
- Jama Masjid, Delhi (Managed by Delhi Waqf Board)
- Fatehpur Sikri (Including the shrine of Sheikh Salim Chishti)
- Bara Imambara, Lucknow
- Hazrat Nizamuddin Dargah complex, Delhi
In some instances, disputes have arisen between the Archaeological Survey of India (ASI) and Waqf boards regarding ownership claims over historical sites. The Taj Mahal, for example, was once claimed as a Waqf property, but the Supreme Court dismissed the claim due to a lack of documentary evidence.
Why is the Waqf Amendment Bill Controversial?
The Lok Sabha recently passed the Waqf Amendment Bill, which has sparked widespread debate. The government claims that the bill aims to make Waqf board operations more transparent, accountable, and efficient, while the opposition and Muslim organizations see it as an attack on minority rights.
Key Changes Introduced in the Bill
- Ownership Clause – Only an individual who has practiced Islam for at least five years can declare a property as Waqf.
- Waqf Declaration Restrictions – The “Waqf by user” clause, which allowed long-used religious properties to be designated as Waqf, has been removed.
- Women’s Inheritance Rights – Declaring a property as Waqf will no longer impact the inheritance rights of legal heirs, including women.
- State-Owned Land Exemption – Government land cannot be classified as Waqf property.
- Waqf Board Powers Curtailed – Boards cannot unilaterally investigate or declare properties as Waqf.
- Board Representation Changes –
- At least two board members must be non-Muslims.
- Muslim members must include at least two women.
- Government can nominate MPs, MLAs, or MLCs, even if they are non-Muslims.
Legal Changes in Waqf Disputes
Previously, Waqf tribunal decisions were final and could not be challenged in court. The new bill allows appeals in the High Court within 90 days of a tribunal ruling, enabling greater judicial oversight.
Protests and Opposition to the Bill
Several Muslim organizations, including the All India Muslim Personal Law Board (AIMPLB), have strongly opposed the bill, calling it unconstitutional and a move to seize Waqf properties.
Key objections include:
- Congress and Samajwadi Party voted against the bill, calling it a “violation of minority rights.”
- Asaduddin Owaisi of AIMIM tore the bill’s documents in Parliament, accusing the government of fueling religious conflicts.
- AIMPLB warned that the bill could lead to an increase in government and private takeovers of Waqf land.
Some Muslim groups, however, support the bill, arguing that it will eliminate corruption and bring transparency to Waqf management.
Government’s Justification
Union Minister Kiren Rijiju, who introduced the bill in Lok Sabha, defended the amendments, stating:
“When this law is enacted, millions of poor Muslims will thank Prime Minister Narendra Modi.”
The government also cited previous land disputes, such as:
- Tamil Nadu’s Tiruchenthurai village was wrongly designated as Waqf land, sparking protests.
- In Gujarat, a private apartment was registered as a Waqf property, raising concerns over potential misuse.
By tightening Waqf regulations, the government claims to be preventing fraudulent registrations while ensuring that Waqf lands are used for their intended purpose.
What’s Next?
With Lok Sabha approval, the bill is now one step closer to becoming law. If passed in the Rajya Sabha, it will replace existing Waqf laws, significantly altering the legal and administrative landscape of Waqf properties in India.
The coming weeks will likely see intensified political and legal battles, as stakeholders on both sides continue to debate the impact of this historic amendment.
