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Understanding the Waqf System in India

Mar 26, 2025

Notes on Waqf System

Overview of Waqf

  • Waqf property is permanently owned by Allah; human ownership is forbidden.
  • Recent controversies arose due to a sting operation exposing corruption in Waqf property management.
    • Claims of the Waqf Tribunal being composed solely of Muslims led to misinformation.
    • Historical context: BJP and Congress collaborated to introduce the Waqf Bill in 1995.

Financial Aspects of Waqf Properties

  • Comparison of revenues:
    • 200 Waqf properties in Singapore generate 42.7 crores.
    • India's 5 lakh Waqf properties generate only 163 crores, raising concerns of mismanagement.
  • Zakat and Sadaqah-e-Jaariyah are vital to the Waqf system.
  • Serious violations, such as leasing Waqf properties for alcohol businesses, are against Islamic law.

Digitization and Technology

  • Technological advancements have led to the digital management of religious sites.
    • Money transfer is commonly done via UPI, and campaigns to reward UPI transactions with pop coins were promoted.

Charity in Islam and Waqf Concept

  • Charity is fundamental in Islam (Zakat & Sadaqah).
    • Continuous charity (Sadaqah-e-Jaariyah) is emphasized in Islamic teachings.
  • The Quran mentions charity but does not explicitly mention Waqf.
  • Kaaba Sharif is considered the first Waqf due to its historical significance and continuous benefit to worshippers.

Historical Context of Waqf

  • The term 'Waqf' emerged around 634 AD during Caliph Umar’s time, establishing continuous charity principles.
  • Waqf properties were meant for public welfare and not private ownership.
  • Historical mismanagement led to a need for organized structures for Waqf properties.

Development of Waqf System in India

  • The concept of Waqf was introduced in India by Mohammad Ghori around 1192 AD.
    • Waqf properties were linked to mosques and supported their operations.
  • Various land donations occurred across different rulers, including significant contributions from Hindu leaders.
  • The British introduced various acts affecting Waqf properties, starting from the Land Resumption Act to the Waqf Act of 1954.

Legal Framework and Administration

  • The Waqf Act, 1954 established the legal framework for Waqf management in India, including state-level boards.
  • The creation of Waqf boards aimed to maintain records and oversee the management of properties for the benefit of the community.
  • The Waqf Tribunal was established under the Waqf Act, 1995 for quicker resolution of disputes.

Current Issues and Controversies

  • The new Waqf Bill introduced in 2024 raised concerns about government control over Waqf properties and reduced autonomy for Muslim authorities.
  • Allegations of corruption and mismanagement persist within the Waqf system, with reports of properties being leased or sold improperly.
  • Many cases involving Waqf properties are still pending in courts, indicating ongoing disputes.

Conclusion

  • The Waqf system is crucial for supporting the Muslim community, but it is facing significant challenges, including management issues and legal conflicts.
  • Future changes in governance and policies could affect the operational dynamics of Waqf properties in India.