O Modiji look after this matter - A History of Waqf in the World and present statas of wakf council and state wakf board Govt of indiia not to motivate to accupy the boards land as indiusual land and money

 

O Modiji look after this matter - A History of Waqf in the World and present statas of wakf council and state wakf board Govt of indiia not to motivate to accupy the boards land as indiusual land and money

History of waqf in the world - (Arabic:وَقْف ; [ˈwɑqf], plural: عوقاف أَوْقَاف ) also called mortman property, is an inalienable charitable endowment under Islamic law (Shariah). It usually involves donating a building, land or other property for Muslim religious charitable purposes, with no intention of retrieving the property. A charitable trust can hold donated property. The person making such a dedication is known as a waqif ('donor'), who uses a mutawalli ('trustee') to manage the property in return for a share of the revenue. A waqf allows the state to provide social services in accordance with Islamic law while contributing to the preservation of cultural and historical sites. [1][2][3]

Genesis in Islamic texts

Prophet of Islam Muhammad has promoted Waqf. Although there is no direct Qur'anic command about waqf, it can be inferred from Surah Al-I-Imran (3:92):

Islamic Waqf Structure

"Unless you donate something from your beloved things, you can never attain righteousness and whatever you give is surely known to Allah."[4] His formal concept in Islamic society is derived from several hadiths. It is said that during the time of Muhammad, the first waqf after the Hijra was made up of a garden of 600 date trees. This waqf was used to feed the poor of Medina.[5]

In one tradition it is said: "Ibn Umar said, Umar ibn al-Khattab found land in Khaybar and came to Muhammad and asked him for advice about it. Muhammad said, 'If you wish, make the property indivisible and give the profits from it in charity.' It is further said that Umar gave it as a donation so that the land was sold and not given as an inheritance. He gave it to the poor, relatives, slaves, jihadis, travelers and guests. If a person eats part of its produce properly or feeds it to a friend who does not enrich himself with it, it will not be considered against the person who administers it."[6]

In another hadith, Muhammad said, "When a person dies, only three deeds remain of him: continuous charity, beneficial knowledge and a child praying (dua) for him".[7][8]

The Waqf Board of India has large land holdings. The Waqf Board is the third largest landowner in India, behind the Ministry of Defense and the Railways. The Waqf Board manages 8.7 lakh properties, comprising approximately 9.4 lakh acres of land, valued at Rs 12 lakh crore.

The main objective of the Waqf Board is to manage and protect the property dedicated for religious or charitable purposes. Preventing misuse or illegal sale of this property, as well as helping to preserve religious and cultural heritage, are also among the objectives of the Waqf Board.

Objectives of the Waqf Board:

• Management of Waqf Property:

The Waqf Board manages the Waqf property, recovers lost property and permits transactions such as sale, mortgage or lease of the property, said the Business Standard.

• Protection of Waqf Property:

The Waqf Board also aims to protect the Waqf property and protect it from illegal possession or encroachment, said the Central Waqf Council.

• Regulation of the use of Waqf Property:

The Waqf Board regulates the use of Waqf property, so that it is properly used for religious or charitable purposes.

• Registration and management of Wakf properties:

The Wakf Board registers and manages Wakf properties, and oversees property-related matters.

• Preservation of religious and cultural heritage:

The Wakf Board helps in preserving religious and cultural heritage, such as protecting religious sites, historical buildings and other cultural properties.

• Education and social welfare:

The Wakf Board supports educational and social welfare activities, and helps in fulfilling religious and social needs, PWOnlyIAS said.

• Enforcement of Wakf Act:

The Wakf Board enforces the Wakf Act and provides legal advice on Wakf-related matters.

Role of the Wakf Board:

The Wakf Board is a statutory body of the Government of India that can acquire, hold and transfer property, according to Business Standard. The Wakf Board manages the Wakf property, recovers lost property and permits transactions such as sale, mortgage or lease of property. At present, the Government of India has a Wakf Council headed by the Minister of Minorities. The Wakf Council consists of 20 members, of whom 20 are from any caste and are engaged in social work. The Cabinet, on the advice of the Prime Minister and the President, forms the State Wakf Boards. As of today, there are 30 State Wakf Boards in the whole of India.

Overall, disputes regarding land donated to the Wakf Board are pending in the relevant tehsils, and disputes regarding schools, colleges, hospitals, etc. run by the Wakf Board are pending with the Charity Commissioner. The Wakf Board also approves the lease agreements.

The disputes over the land given to the government are going on in the courts. The financial income received by the Waqf Board and the international funds received by the Council and the Board are also going on and the accounts of the said funds have not been audited by the Accountant General of India for many years. The Council and the State Board have given lands to educational institutions in the country on a nominal rent basis for the construction of schools, colleges and hospitals. Today, the Council and the Board have very little land left and that too is under dispute. In short, all sides have come to blows. And there are loans from nationalized banks on many lands.

India May 1913, 1923, 1930, 1954, 1969 1984, 1995, 2013 Waqf Law in India Waqf Amendment Bill, 2025

History of Waqf in India

'Waqf' is defined as the permanent dedication by any person of any movable or immovable property for any purpose recognized by Muslim law as sacred, religious or charitable. Yes.[1]

introduction

The development of waqf laws in India reflects ongoing efforts to regulate and protect waqf properties, which are of significant social, religious and economic importance. Starting with the Waqf Act of 1954, there have been many researches over the years to meet the emerging challenges in the legal framework governing Waqf properties and to ensure better management. Recently, the Waqf Research Bill 2025 aims to increase transparency, improve governance structures and protect Waqf properties from misuse. These legal reforms have shaped the administration of waqf properties and adopted global best practices.

The administration of Waqf properties in India is currently governed by the Waqf Act, 1995, which is enacted and regulated by the Central Government. The major administrative bodies involved in waqf management include:

• Central Waqf Council (CWC) – a 20-member advisory council under the Ministry of Minority Affairs chaired by the Minister of Minority Affairs is a body that provides guidance and oversight on Waqf administration across the country. It does not have direct control over waqf properties, but advises the government and state waqf boards on ethical matters.

• State Waqf Boards (SWBs) – These boards act as custodians of Waqf properties and are responsible for their management, protection and utilization as per the Waqf Act. Each state has its own Waqf Board, which maintains administrative control over Waqf properties within its jurisdiction.

• Waqf Tribunal – A special judicial body established to determine disputes, questions and other matters relating to Waqf properties.

This structured administrative setup ensures better governance of waqf properties and facilitates prompt resolution of waqf-related disputes, making the system more efficient and transparent.

Over the years, India's legal and administrative framework governing waqf properties has evolved through various legislative enactments to ensure transparency, vigilance and fiscal accountability.

Overview of Waqf History in India

The governance of waqf properties in India has been regulated through several legislative enactments aimed at improving governance and preventing mismanagement:

1. The Muslim Waqf Validation Act, 1913: This Act clarified and affirmed the right of Muslims to create waqfs for the benefit of their families and descendants, with ultimate charitable objectives including:

• Objective to make waqf management more efficient and transparent.

• However, during the implementation of the Act it was realized that the Act did not prove effective in improving the administration of Waqf.

2. Muslim Waqf Act, 1923: Introduced to improve the management of waqf properties by ensuring proper accounting and transparency in the administration of them.

3. Muslim Waqf Validity Act, 1930: It gave retrospective effect to the Act of 1913, thereby strengthening the legal validity of family waqf.

4. Waqf Act, 1954: State Waqf Boards (SWBs) were established for the first time for proper administration, supervision and protection of Waqf properties:

• After independence this waqf has been strengthened.

• The Waqf Act of 1954 provided a way towards centralization of Waqf.

• The Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under the IS Waqf Act of 1954.

• This central body supervises the work of various State Waqf Boards which were established under the provisions of Section 9 (1) of the Waqf Act, 1954.

5. Research into the Waqf Act, 1954 (1959, 1964, 1969 and 1984): The objective of these researches was to further improve the administration of Waqf properties.

6. Waqf Act, 1995: This comprehensive Act repealed the Act of 1954 and its amendments:

• The Waqf Act, 1995 was enacted to regulate the administration of Waqf properties (religious endowments) in India.

• It also provides for powers and functions of Waqf Council, State Waqf Boards and Chief Executive Officer as well as duties of Mutawalli.

• The Act also describes the powers and restrictions of a Waqf Tribunal which acts in lieu of a Civil Court under its jurisdiction.

• A tribunal is a party to a decision

shall be final and binding. No suit or legal proceedings shall be held under any civil court. Thus, the decision of the Waqf Tribunal was made superior to any civil court.

7. The Waqf (Amendment) Act, 2013 has made important changes:

• Constitution of a three-member Waqf Tribunal, consisting of a person having knowledge of Muslim law and jurisprudence.

• Inclusion of two women members in State Waqf Boards.

• Prohibition on sale and gift of waqf properties, reducing scope for alienation.

• Increase the lease period for waqf properties from 3 years to 30 years, to encourage better utilization.

8. The Waqf (Amendment) Bill, 2025, and the Muslim Waqf (Repeal) Bill, 2024

• The proposed Bill is a comprehensive legislative effort aimed at modernizing Waqf administration, reducing litigation and ensuring efficient management of Waqf properties.

• The purpose of the proposed revisions is to remove the shortcomings of the Waqf Act, 1995 and to remove the anomalies introduced by the (Revision) Act, 2013.

Schemes by Ministry of Minority Affairs

Qaumi Waqf Board Development Scheme (QWBTS) and Urban Waqf Asset Development Scheme (SWSVY) are being implemented through the Ministry of Minority Affairs (MoMA), Government of India. These two schemes are for automation and modernization of State Waqf Boards.

• Under QWBTS, Government Grant-in-Aid (GIA) is provided to State Waqf Boards through CWC for deployment of manpower for computerization and digitization of records of Waqf properties and to improve administration of Waqf Boards.

• Under SWSVY, grants are provided to the Central Waqf Board for further disbursement of interest free loans to Waqf Boards/Waqf Institutions for developing commercially viable projects on Waqf properties.

• Rs.23.87 crore and Rs.7.16 crore were spent under QWBTS and SWSVY from 2019-20 to 2023-24 respectively.

Overview of Waqf Properties in India:

According to data available on the WAMSI portal, 30 states/UTs and 32 boards have reported that there are 8.72 lakh properties, covering an area of ​​over 38 lakh acres. Out of 8.72 lakh properties, 4.02 lakh are waqfs by users. For remaining waqf properties, documents establishing ownership rights (deeds) have been uploaded on the WAMSI portal for 9279 cases and only 1083 waqf deeds have been uploaded.

https://pib.gov.in/PressReleasePage.aspx?PRID=2084716

(As on March 14, 2025)

Source: https://wamsi.nic.in/wamsi/dashBoardAction.do;jsessionid=40F3DA0F79ED801CE30802EB0F326394?method=totalRegisteredProp

State wise data on number and area of ​​Waqf properties till September 2024

conclusion

The development of Waqf Law in India from 1913 to 2024 highlights the commitment to have an effective governance system along with protection and regulation of Waqf properties for the benefit of society. Each legislative reform seeks to meet the contemporary challenges while maintaining the basic principles of waqf endowment. The Waqf Research Bill 2025 marks significant progress in enhancing transparency, accountability and inclusiveness.

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