Jammu:I.What is Waqf?
A Waqf is a permanent, inalienable endowment under Islamic law, typically for religious, educational, or social
purposes. In India, Waqf was governed by the Waqf Act, 1995, and administered through State Waqf Boards, which
act as custodians of mosques, madrasas, graveyards, and other institutions.
II.Scale of Waqf in India
According to the 2018 Central Waqf Council report, there are over 8 lakh acres of Waqf land in India, valued at
over ₹10 lakh crore—making it one of the largest landowners after the Armed Forces and Indian Railways.
III.Mismanagement of Waqf Properties
Despite its enormous value, Waqf land has been riddled with corruption, illegal encroachments, and commercial
exploitation. Poor Muslims remain underprivileged while Waqf income benets a politically connected elite.
IV.Need for Reform
The 2013 Waqf Amendment allowed arbitrary land acquisitions under the “Waqf By User” clause—claiming any
land used for religious purposes over time, often without ownership proof—leading to legal chaos and unjust
property takeovers.
V.Repeal of Arbitrary Powers (Section 40)
Section 40 of the Waqf Act, 1995 gave Waqf Boards unilateral power to classify land as waqf. Its removal in the
2025 amendment now requires clear documentation and disallows unveried land claims.
VI.Public Notice Requirement
The new Act introduces a mandatory 90-day notice period through newspapers before any property is declared
waqf. This allows time for objections and promotes legal fairness and public awareness.
VII.Protection of Government Property
Government-owned land that was previously declared waqf can now be reclaimed. District Collectors are
authorised to conduct surveys and restore state control, preventing misuse of public resources.
VIII.Digital Waqf Records and Portal
The Act mandates a centralised digital registry for all waqf properties nationwide—enhancing transparency, record
integrity, and enabling public scrutiny through a unied online platform.
IX.Women's Rights in Waqf Usage
The amendment expands “welfare” under waqf to include widows, divorcees, and orphans, ensuring that waqf
benets reach vulnerable women, and not just male-led religious structures. It also ensures that family endowments
(waqf-alal-aulad) cannot be used to deny inheritance rights to women.
X.Tribals' Land Protected
The law prohibits waqf claims on land in areas governed by the Fifth and Sixth Schedules of the Constitution,
recognising the customary rights and autonomy of tribal communities over their ancestral lands.
XI.Protected Monuments Stay Beyond Application Of Waqf
The amendments also provided for national monuments that may have been declared to be waqf to be reclaimed.
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This means not only can no monuments be claimed as waqf in the future, past waqf declaration for such
monuments can also be undone
XII.Standardised Deed-Based Creation of Waqf
The Act mandates that new waqfs must be registered through a standardised, written deed, eliminating oral or
informal claims and ensuring clear legal documentation.
XIII.Inclusive Representation in Waqf Governance
Waqf Boards will now include MPs, judges, civil society experts, women, and non-Muslims, making the system
more inclusive and accountable, with less scope for communal or sectarian misuse.
XIV.Recognition of Sectarian Diversity
The Act recognises intra-Muslim diversity by allowing Bohra and Aghakhani Muslims to have their own Waqf
Boards and representation, respecting sectarian autonomy.
XV.Sachar Committee Revelations (2006)
The Sachar Committee found that Muslims were worse o than Dalits in education and jobs. It reported that 80%
of waqf properties were lost to encroachment or corruption, undermining their intended purpose.
XVI.Karnataka Waqf Land Scam
A state government report revealed a ₹2 lakh crore scam where 22,000 acres of waqf land were illegally sold or leased
to politicians, land maa, and corporates—while the poor saw no benets.
XVII.Exploitation of Muslims by Waqf Boards
A. Waqf Boards have been accused of targeting Muslim institutions and properties, such as in Mysore, where a
Muslim trust running a school had to ght a legal battle, and in Lucknow, where Muslim shopkeepers were
evicted under the guise of "redevelopment" without compensation. In Chennai, a 100-year-old family property
was arbitrarily declared waqf, while in Ahmedabad, a businessman’s legally purchased shop was secretly
declared waqf, ruining his business.
B. Additionally, in Meerut, a Muslim community centre was taken over, shutting down essential services, and in
Assam, a scholarship fund meant for poor Muslim students was looted. Waqf properties are also frequently
encroached upon, with the rest leased cheaply to commercial entities like malls and hotels.
XVIII.Impact on Non-Muslim Communities
Waqf claims were made on Hindu temples, Christian community lands, and Sikh Gurdwaras—with no prior
mosque history. Once declared waqf, the property was almost impossible to reclaim, even if unjustly taken.
XIX.Widespread Waqf Land Controversies Across India
From the 1,500-year-old Chandrasekhar Swamy Temple in Tamil Nadu to islands in Bet Dwarka, housing societies
in Surat, Christian shing villages in Munambam, Kerala and Gurdwara land in Haryana—Waqf Boards have been
accused of arbitrarily seizing religious and private lands across communities, often bypassing due process and
igniting widespread public outrage.
XX.No Property Was Safe from Waqf Claims
Be it a temple, church, gurdwara, or private property–no property was safe from Waqf claims. Once declared Waqf,
ownership became permanent, making reclamation by non-Muslims nearly impossible. The process was
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particularly unjust: the burden of proof fell on the claimant, who must challenge the declaration in a specialised
tribunal rather than a regular court.