LANDS OF GOD: THE QUIET STORM AROUND THE WAQF AMENDMENT BILL

By Priyanka Ashok Deshpande

For centuries, God has been named on deeds of land, while mortals have managed the
records. From silent act of devotion to vast tracts of donated estates, religious endowments have
quietly shaped India’s landscape. As “Once a waqf, always a waqf”.

Waqf, an enduring Islamic tradition, is driven by faith, purpose, and legacy. Many offer
waqf as sadaqah jariyah—a form of ongoing charity that rewards even after death. Others
dedicate property to serve the community through mosques, schools, and healthcare. It’s also a
way to preserve family assets, honor loved ones, and uphold a rich tradition of giving. In every
case, the intention is the same: to create something that benefits others for generations to come.

In India, Waqf dates back to the era of Delhi Sultanate when Sultan Muizuddin Sam Ghoar
endowed two villages to Jama Masjid. During the rule of British East India Company in India, Privy
Council of London constituted a four judges bench in Abdul Fata Mohamed Ishan v. Russomoy
Dhur Chowdhury (1894) termed Waqf as invalid. However, this decision was widely criticised and
condemned. The backlash resulted on the British government passing the Mussalman Waqf
Validating Act, 1913. This Act nullified the Privy Council’s position and recognised family Waqf as
valid under Muslim law. Thereafter, Mussalman Waqf Act, 1923 was formulated to focus on
transparency in administration of Waqf By mutawallis.

After Independence, it became evident that a large number of Waqf properties existed
across India. As a result Waqf Act, 1954 was formulated to centralise Waqf and establish central
Waqf Council of India. Later, the Waqf Act, 1995 came into existence whereby extraordinary
overriding powers were granted to Waqf Tribunal. However, these properties were still poorly
managed and lacked official records. As a result, Sachar Committee (2006) was appointed to
conduct comprehensive study of Waqf properties. According to the Sachar Committee report
there were about 4.9 lakh registered Waqf properties in India that covered 6 lakh acres that
estimated value of over Rs. 1.2 lakh crore. Thus, in order to manage administration of Waqf 2013
amendment was carried out. Yet, its implementation was not efficient.

 

Having outlined the background, we now examine Section 3 of Waqf Act, 1995: “ Waqf
means the permanent dedication by any person, of any movable of immovable property for any
purpose recognised by the Muslim laws as pious, religious or charitable, and includes

i) a waqf by user ( customary usage)
ii) grants
iii) a waqf created by non-Muslim, In so far as it is permitted by Muslim law.

 

Due to this vast scope of Waqf, on terms of land holding, Waqf institution ranks third
largest property owner in India, surpassed only by the Indian Railways and the Ministry of
defence. To be precise Waqf at present is owner of 9.4 Lakh acres of immovable property
estimating to the tune of Rs. 1.2 Lakh crore. These vast stretches of Waqf land lack commercial
development, professional administration, management and record keeping. As a result, where
potential income from these properties according to Sachar Committee report should be Rs.
12,000 crore its annual income estimated Rs. 163 crore (as of 2006). As also due to the poor
management, corruption, encroachment etc there are 40,951 cases pending on Waqf Tribunals
out of which 9942 are filed by Muslim Community against Institutions managing Waqf.

As a result, a move to amend the laws was driven. The Waqf Amendment Bill, 2024, aims
to bring structure and accountability to the system by amending Waqf Act, 1995. The legality of
Waqf has undergone a vital revision. The significant changes particularly includes, removal of
concept of “Waqf by user”. Pursuant to the recent amendment, the creation of Waqf is now
confined strictly to instances involving express declaration or documented endowment, thereby
excluding the legal validity of Waqf established solely through long standing usage or customary
practice.

 

Further the amendment includes:

1. Empowering the Waqf Boards
State Waqf Boards now wield greater authority than ever before. The law grants them the
power to proactively survey, register, and protect waqf properties, making them active
custodians rather than passive record-keepers.
2. Compulsory Land Surveys and Legal Recognition
One of the most transformative provisions mandates regular and structured surveys of waqf
lands. The outcomes of these surveys are required to be officially recorded with revenue
departments, thereby reducing disputes over ownership and bringing waqf lands firmly within
the legal framework.
3. Digitisation and Transparency Through a National Database
In a push toward transparency, the Act now requires all waqf-related data to be digitised and
stored in a centralised database overseen by the Central Waqf Council. This digital shift aims
to curb manipulation and enhance public accessibility to waqf records.
4. Ban on Unauthorised Transactions
To safeguard waqf properties from misuse, the amendment explicitly prohibits their sale,
transfer, or mortgage without formal approval from the respective Waqf Board. Any
unauthorised dealing is now rendered
5. Accountability and Representation
The Act calls for improved representation of professionals and women in waqf governance
structures. It also holds mutawallis accountable by enforcing stricter audit requirements and
annual performance reviews.
6. Penal Action for Encroachment and Misuse
For the first time, the law introduces real consequences for those who illegally occupy or
mismanage waqf assets, including fines and imprisonment—ensuring these properties are not
treated as easy targets.

 

Thus, these reforms mark a shift from passive preservation to proactive
governance. By tightening legal safeguards and emphasising accountability, the amended Waqf
Act sets the stage for waqf institutions to once again become engines of social welfare, in line
with their original charitable intent. Once offered in the name of God to serve communities across
generations, waqf lands in India are now entering a new phase. Recent legal reforms, while
controversial, aim to bring transparency, formal recognition, and structured governance to these
vast charitable estates. For the Muslim community, this shift could mark a turning point—
transforming under-utilised assets into engines of growth through education, healthcare, and
social welfare. If managed with accountability and vision, these changes hold the potential to
reconnect waqf properties with their original purpose: serving the public good.

 

Note : Author is practising Advocate at Bombay High Court, Bench at Aurangabad.