Waqf Properties: History, Law, and Controversy

Summary

The concept of Waqf, or perpetual charitable endowment, originates from Islamic principles of continuous charity, Sadaqah-e-Jaariyah. Historically, the Kaaba in Mecca is considered the first Waqf, dedicated to Allah. Over centuries, the system evolved, with early Islamic rulers formalizing Waqf management, making it a structured institution for public welfare. In India, the establishment of Waqf dates back to Mohammad Ghori's rule, with numerous rulers and even Hindu kings contributing properties. British colonial rule introduced significant changes, with acts like the Land Resumption Act and Transfer of Property Act impacting Waqf properties, leading to legal battles and the eventual formalization of the Waqf Act in 1913 and later in 1954 and 1995. Despite increasing Waqf properties and their estimated market value, reports like the Sachar Committee highlighted significant mismanagement and corruption, with revenues far below potential. Recent amendments to the Waqf Act in 2024 have introduced further changes, including the removal of 'Waqf by user,' increased government control over surveys and property disputes, and mandatory inclusion of non-Muslims and Muslim women on Waqf boards, sparking new controversies and trust issues within the Muslim community.