Does the Waqf (Amendment) Bill, 2025, Violate Indian Laws?

 Understanding Waqf: A Sacred and Lasting Form of Charity in Islam

In Islam, waqf is a powerful form of charity that means "to stop" or "to confine." It refers to donating something—like land, money, or property—for religious or charitable purposes, with one key rule: Once given, the asset cannot be sold, transferred, or taken back. It's considered a permanent donation for the sake of Allah.

When a person (called a waqif) declares a waqf—either verbally or in writing—the asset becomes the property of Allah. From then on, it must be used to serve public or family needs, often helping those in need or supporting religious and educational institutions.

There are two main types of waqf:

• Movable assets: Things like money or stocks, which can be used to support schools, mosques, or other community services.
• Immovable assets: Land or buildings, like madrasas (Islamic schools), mosques, libraries, or shelters that serve as public spaces and support the poor (known as mawquf ‘alayh, or beneficiaries). Read Tarrifs vs Tarrifs

For a waqf to be valid, it must follow three key rules:

1.   The original property must be kept safe and untouched while the earnings or benefits are used for charity.

2.   It must be removed from the market permanently—it can’t be bought, sold, or inherited.

3.   The sole goal must be to benefit others, with a clearly defined group of recipients.

In short, waqf is a long-term, self-sustaining charitable act that plays a vital role in Islamic social welfare, providing continuous support for generations to come.

History. The Indian Waqf system originated with Muhammad Ghori's 12th-century gift of two villages to Multan's Jama Masjid, managed by the Shaikh-al-Islam.  

Waqf (وقف) is an Arabic word that means endowment or dedication in Islamic tradition. It’s when someone donates something valuable—like land, a building, or money—for a good cause, such as supporting a mosque or school or helping the poor. Once this donation is made, it can't be sold, given away, or inherited. Instead, it stays permanently set aside, and any benefit or income from it is used exactly as the donor intended.

The word comes from the Arabic root w-q-f (و-ق-ف), which means to stop or to hold, because the property is “stopped” from being bought or sold and instead is “held” for a lasting charitable purpose. Read Nuclear battery

Waqf is an important concept in Islamic law and is widely practiced in many Muslim countries. Though you might hear slightly different pronunciations like wakf in some places, it’s always tied to the same idea of giving something meaningful to benefit others in a way that lasts.

How Waqf Is Regulated: A Country-by-Country Glance

Saudi Arabia

Waqf is closely regulated by the Ministry of Islamic Affairs, Endowments, Dawah, and Guidance. A waqf must be officially registered, with clear legal ownership. There’s no room for vague land claims—the waqif must prove ownership. The government can step in if a waqf is being misused and has, at times, repurposed waqf properties for public benefit. Read Tata steel

United Arab Emirates (UAE)

In Dubai, the Awqaf and Minors Affairs Foundation (AMAF) handles waqf matters under Law No. 9 of 2007. Waqf properties must be registered and free of legal disputes or debt. While waqfs are usually permanent (especially for mosques), a waqif can set a temporary time limit—if explicitly stated. If a waqf needs to be sold (say, to protect or preserve it), that decision must go through the courts.

Egypt

Egypt has one of the oldest waqf systems, but it has changed a lot over time. In the 1800s, Muhammad Ali nationalized large waqf estates, bringing them under state control. Today, the Ministry of Awqaf oversees registration and management. Family waqfs (set up to benefit a waqif’s descendants) are more tightly controlled to prevent abuse, and the government often repurposes waqf assets for public welfare projects.

Jordan

Jordan makes a clear distinction between:

• Charitable waqf (khayri) – for public good
• Family waqf (ahli) – for descendants

The Ministry of Awqaf, Islamic Affairs, and Holy Places manages waqf assets and steps in if the trustee isn’t doing their job. Everything must be registered, and courts settle disputes. Waqf must also align with national development goals.

Qatar, Bahrain, and Kuwait

These countries follow a similar model—waqf is legally registered, overseen by ministries of endowments or Islamic affairs, and tied into economic planning. In Qatar, for example, waqf funds are used for social projects like housing or healthcare.

🕰️ A Look at History: Turkey, Syria, and Iraq

Though not an Arab country, Turkey is worth mentioning. After 1924, it abolished traditional waqf autonomy, handing control to a secular state agency—a model some Arab countries later adopted.

In Syria and Iraq, nationalization after independence in the mid-20th century reduced waqf independence. Governments took control of many properties, especially during socialist reforms, using them for state programs.

🔍 Common Themes Across the Arab World

Despite local differences, most Arab countries share several core principles in regulating waqf:

• 📝 Formal Documentation: A waqf must be legally declared and registered—no room for informal claims.
• 🏛️ Government Oversight: Ministries often oversee waqf properties to prevent mismanagement and ensure the donor’s wishes are followed.
• 🚫 Inalienability: Once a waqf is created, the property generally can’t be sold or transferred unless there’s a very good reason (like preservation)—and even then, court approval is usually required.
• 🎯 Public or Charitable Purpose: Proceeds must serve the original charitable or religious purpose, although governments sometimes redirect them for the broader social good.

⚖️ Where They Differ

• Saudi Arabia and the UAE tend to emphasize economic development—investing waqf income to fund future projects.
• Egypt and Syria show stronger state control, with governments often taking over waqf management entirely.
• Compared to countries like India, where waqf boards have been criticized for mismanagement and unclear claims, Arabian systems generally require more robust documentation and tighter supervision.

Religious Property Management for Non-Muslim Communities in Pakistan and Bangladesh

While the Islamic concept of waqf—donating property permanently for religious or charitable purposes—is unique, both Pakistan and Bangladesh have similar systems in place for other religious communities, even if they work a bit differently.

In Pakistan, there’s the Evacuee Trust Property Board (ETPB), which manages properties left behind by Hindus and Sikhs who migrated to India during the 1947 partition. The ETPB looks after temples, gurdwaras, and other religious sites, making sure they’re preserved and properly used. Although it isn’t based on Islamic principles like waqf, the ETPB plays a similar role—maintaining religious and community assets for non-Muslims.

In Bangladesh, Hindu religious properties are managed through laws related to Debottar property—assets donated to Hindu deities or temples. These are usually looked after by trustees or temple committees from within the community. Unlike the centralized waqf system, which is run by the government, Debottar properties are more community-driven but still serve a similar purpose: supporting religious and charitable work.

For Christians and Buddhists in both countries, there’s no official system like waqf or ETPB. However, these communities often manage their properties through private trusts, which are registered under general trust laws. Churches, monasteries, and other religious centers operate using these structures, relying on local or organizational leadership for management.

In short, while these systems don’t have the same formal or religious foundation as Islamic waqf, they reflect a shared goal: preserving property for the benefit of religious and community life.

Does the Waqf (Amendment) Bill, 2025, Clash with Islamic Law?

The Waqf (Amendment) Bill, 2025, recently passed by India’s Parliament, is stirring debate among scholars and religious leaders about whether it aligns with traditional Islamic principles. To understand the controversy, it’s helpful to first know what a waqf is. In Islamic law, a waqf is a permanent and charitable dedication of property for religious or public good—like setting aside land for a mosque, school, or hospital. It’s considered an act of faith and generosity, deeply rooted in the Qur’an and Hadith.

Now, let’s look at what the new bill changes and why some believe it conflicts with Islamic teachings.

1. A Five-Year Requirement for Muslims to Create Waqf

One key change is that only someone who has been practicing Islam for at least five years can now establish a waqf. Traditionally, Islamic law doesn’t place any such time limit. Anyone who is a Muslim and owns property can dedicate it as waqf—some interpretations even allow non-Muslims to do so. So, critics argue this five-year rule is unfair and unnecessary, as it excludes new converts or those who are less observant, which goes against the inclusive spirit of waqf.

2. Limits on Family Waqf and Inheritance Rights

Another controversial clause says that creating a family waqf (waqf-alal-aulad) must not interfere with the heirs’ inheritance rights. However, according to Islamic law, once a property is made waqf, it’s considered to belong to God and is no longer subject to regular inheritance rules. Family waqfs are allowed in Islam as long as the property eventually serves a charitable cause. By bringing inheritance laws into the picture, the bill may undermine the permanent and inalienable nature of waqf property.

3. Ending ‘Waqf by Usage’ Recognition

Islamic traditions, especially in the Hanafi and Shafi’i schools, recognize waqf created by long-term religious use—like when a mosque has existed on land for decades without official documents. This is known as “waqf by user.” The new bill stops recognizing new waqfs in this way unless they were already registered before the bill became law. Critics say this could prevent the future recognition of legitimate religious sites that lack formal deeds but have been in use for generations.

4. Involving Non-Muslims in Waqf Governance

The bill also allows non-Muslims to be part of waqf boards and tribunals and gives government officials, like District Collectors, the power to decide waqf status. Traditionally, waqf is managed by a trustee (mutawalli), and disputes are handled by religious scholars or Islamic judges. Many see this change as interference in religious matters and a threat to the autonomy of Islamic charitable trusts, which are protected under India’s Constitution (Article 26).

5. Some Positive Steps?

Not everything in the bill is seen as negative. The focus on better record-keeping, centralized registration, and regular audits could improve accountability, which is also valued in Islamic teachings—as long as the religious purpose of waqf is respected.

In Summary

The Waqf (Amendment) Bill, 2025, brings in several new rules aimed at regulating how waqf properties are managed. However, some of these changes—like limiting who can create a waqf, restricting family waqfs, ignoring long-standing religious usage, and allowing state control—seem to clash with core Islamic principles. While traditionalists see these as serious contradictions, some reform-minded scholars argue that certain updates may be acceptable if they protect waqf assets and maintain their charitable purpose. Ultimately, the debate is about finding the right balance between religious law and modern governance—a challenge the current bill hasn’t fully resolved.

Does the Waqf (Amendment) Bill, 2025, Violate Indian Laws? A Closer Look

The Waqf (Amendment) Bill, 2025—passed by the Indian Parliament on April 3—has stirred up a storm of debate. Supporters call it a step toward transparency and inclusivity, while critics believe it could undermine constitutional rights and religious freedom. So, does the bill really clash with Indian laws? Let’s break it down in simple terms.

What the Bill Changes

1. Non-Muslim Members on Waqf Boards

The biggest shift: the bill now requires at least two non-Muslims on Waqf Boards and the Central Waqf Council. Previously, all members had to be Muslim. This change has upset many in the Muslim community, who see it as interference in religious affairs.

2. Government Officials Take the Lead

Now, a senior government official (above the rank of collector) can decide if a property is waqf or belongs to the government. Earlier, this was solely the job of Waqf Tribunals.

3. No More “Waqf by User”

The bill removes the practice of recognizing waqf properties based on long-term religious use (without formal documents). This change only applies to future cases, not past ones.

4. Centralized Database and Audits

All waqf properties must be registered on a central portal within six months and can now be audited by the CAG (Comptroller and Auditor General) or another official.

5. A New Name

The Act has been renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, signaling a more bureaucratic and secular approach.

Where Legal Tensions May Arise

1. Constitutional Rights

• Article 26 (Right to Manage Religious Affairs):
  Critics argue that forcing non-Muslim members onto Waqf Boards could violate the Muslim community’s right to manage its own religious institutions. There’s no such rule for Hindu temple boards like Tirupati.
• Article 25 (Freedom of Religion):
  Letting government officials decide waqf property disputes and ending "waqf by user" may affect how Muslims practice property dedication, a key religious tradition.
• Article 14 (Equality Before Law):
  Supporters say that including non-Muslims promotes equality. But critics ask—why apply this only to Waqf Boards and not to religious boards of other faiths? That could be unequal treatment in itself.

2. Clashing with the Waqf Act, 1995

The earlier law gave Waqf Boards the power to declare waqf properties and protect them from certain legal limitations. The new bill reduces these powers and applies general property limitation laws, which could weaken protections.

3. Federal vs Central Control

Waqf is a Concurrent List subject, meaning both states and the center can legislate on it. But the bill’s centralized registration and audit rules could cause tension between state governments and the center.

4. Blending with Secular Laws

The bill leans more toward secular frameworks like the Trusts Act, treating waqf like any other charitable trust. This dilutes its religious character, which may not sit well with the waqf’s roots in Muslim personal law.

Why the Government Says It's Legal

• Secular Transparency:
  The government claims this is about better management and not about interfering with religion.
• Legislative Power:
  Parliament has amended waqf laws before, so it has the right to do so again.
• Global Examples:
  Countries like Malaysia and the UAE also have national waqf systems with government oversight.

Legal Challenges Already Filed

As of April 6, 2025, the bill awaits presidential approval, but court challenges are already in motion.

• Supreme Court petitions filed by Congress MP Mohammed Jawed and AIMIM leader Asaduddin Owaisi claim the bill violates constitutional rights.
• A PIL in the Delhi High Court questions the religious nature of waqf under secular law, with the government asked to respond.