Understanding Waqf: A Sacred and
Lasting Form of Charity in Islam
In
Islam, waqf is a powerful form of charity that means "to stop"
or "to confine." It refers to donating something—like land, money, or
property—for religious or charitable purposes, with one key rule: Once given,
the asset cannot be sold, transferred, or taken back. It's considered a
permanent donation for the sake of Allah.
When
a person (called a waqif) declares a waqf—either verbally or in
writing—the asset becomes the property of Allah. From then on, it must be used
to serve public or family needs, often helping those in need or supporting
religious and educational institutions.
There are two main types of waqf:
- Movable assets:
Things like money or stocks, which can be used to support schools,
mosques, or other community services.
- Immovable assets:
Land or buildings, like madrasas (Islamic schools), mosques, libraries, or
shelters that serve as public spaces and support the poor
(known as mawquf ‘alayh, or beneficiaries). Read Tarrifs vs Tarrifs
For a waqf to be valid, it must follow three key rules:
1.
The original property must be kept
safe and untouched while the earnings or benefits are used for charity.
2.
It must be removed from the market
permanently—it can’t be bought, sold, or inherited.
3.
The sole goal must be to benefit
others, with a clearly defined group of recipients.
In short, waqf is a long-term,
self-sustaining charitable act that plays a vital role in Islamic social
welfare, providing continuous support for generations to come.
History. The Indian Waqf system originated with Muhammad Ghori's 12th-century gift of two villages to
Multan's Jama Masjid, managed by the Shaikh-al-Islam.
Waqf (وقف) is an Arabic word that means endowment or dedication
in Islamic tradition. It’s when someone donates something valuable—like land, a
building, or money—for a good cause, such as supporting a mosque or school or
helping the poor. Once this donation is made, it can't be sold, given away, or
inherited. Instead, it stays permanently set aside, and any benefit or income
from it is used exactly as the donor intended.
The
word comes from the Arabic root w-q-f (و-ق-ف), which means to stop
or to hold, because the property is “stopped” from being bought or sold and instead is “held” for a lasting charitable purpose. Read Nuclear battery
Waqf
is an important concept in Islamic law and is widely practiced in many Muslim
countries. Though you might hear slightly different pronunciations like wakf
in some places, it’s always tied to the same idea of giving something
meaningful to benefit others in a way that lasts.
How
Waqf Is Regulated: A Country-by-Country Glance
Saudi
Arabia
Waqf is closely regulated by the Ministry of Islamic Affairs, Endowments,
Dawah, and Guidance. A waqf must be officially registered, with
clear legal ownership. There’s no room for vague land claims—the waqif must
prove ownership. The government can step in if a waqf is being misused and has,
at times, repurposed waqf properties for public benefit. Read Tata steel
United
Arab Emirates (UAE)
In
Dubai, the Awqaf and Minors Affairs Foundation (AMAF) handles waqf
matters under Law No. 9 of 2007. Waqf properties must be registered and
free of legal disputes or debt. While waqfs are usually permanent (especially
for mosques), a waqif can set a temporary time limit—if explicitly stated. If a
waqf needs to be sold (say, to protect or preserve it), that decision must go
through the courts.
Egypt
Egypt
has one of the oldest waqf systems, but it has changed a lot over time. In the
1800s, Muhammad Ali nationalized large waqf estates, bringing them under
state control. Today, the Ministry of Awqaf oversees registration and
management. Family waqfs (set up to benefit a waqif’s descendants) are more
tightly controlled to prevent abuse, and the government often repurposes waqf
assets for public welfare projects.
Jordan
Jordan makes a clear distinction
between:
- Charitable waqf (khayri) – for public good
- Family waqf (ahli)
– for descendants
The
Ministry of Awqaf, Islamic Affairs, and Holy Places manages waqf assets
and steps in if the trustee isn’t doing their job. Everything must be
registered, and courts settle disputes. Waqf must also align with national
development goals.
Qatar,
Bahrain, and Kuwait
These
countries follow a similar model—waqf is legally registered, overseen by
ministries of endowments or Islamic affairs, and tied into economic
planning. In Qatar, for example, waqf funds are used for social projects
like housing or healthcare.
🕰️
A Look at History: Turkey, Syria,
and Iraq
Though
not an Arab country, Turkey is worth mentioning. After 1924, it
abolished traditional waqf autonomy, handing control to a secular state
agency—a model some Arab countries later adopted.
In Syria
and Iraq, nationalization after independence in the mid-20th century
reduced waqf independence. Governments took control of many properties,
especially during socialist reforms, using them for state programs.
🔍 Common Themes Across the Arab World
Despite local differences, most Arab
countries share several core principles in regulating waqf:
- 📝 Formal Documentation: A waqf must be legally
declared and registered—no room for informal claims.
- 🏛️ Government Oversight: Ministries often oversee
waqf properties to prevent mismanagement and ensure the donor’s wishes are
followed.
- 🚫 Inalienability: Once a waqf is created, the
property generally can’t be sold or transferred unless there’s a very good
reason (like preservation)—and even then, court approval is usually
required.
- 🎯 Public or Charitable Purpose: Proceeds must
serve the original charitable or religious purpose, although governments
sometimes redirect them for the broader social good.
⚖️
Where They Differ
- Saudi Arabia and the UAE tend to emphasize economic development—investing
waqf income to fund future projects.
- Egypt and Syria
show stronger state control, with governments often taking over
waqf management entirely.
- Compared to countries like India,
where waqf boards have been criticized for mismanagement and unclear
claims, Arabian systems generally require more robust documentation
and tighter supervision.
Religious Property Management for
Non-Muslim Communities in Pakistan and Bangladesh
While
the Islamic concept of waqf—donating property permanently for religious
or charitable purposes—is unique, both Pakistan and Bangladesh have similar
systems in place for other religious communities, even if they work a bit
differently.
In Pakistan,
there’s the Evacuee Trust Property Board (ETPB), which manages
properties left behind by Hindus and Sikhs who migrated to India during the
1947 partition. The ETPB looks after temples, gurdwaras, and other religious
sites, making sure they’re preserved and properly used. Although it isn’t based
on Islamic principles like waqf, the ETPB plays a similar role—maintaining
religious and community assets for non-Muslims.
In Bangladesh,
Hindu religious properties are managed through laws related to Debottar
property—assets donated to Hindu deities or temples. These are usually
looked after by trustees or temple committees from within the community. Unlike
the centralized waqf system, which is run by the government, Debottar
properties are more community-driven but still serve a similar purpose: supporting
religious and charitable work.
For
Christians and Buddhists in both countries, there’s no official system
like waqf or ETPB. However, these communities often manage their properties
through private trusts, which are registered under general trust laws.
Churches, monasteries, and other religious centers operate using these
structures, relying on local or organizational leadership for management.
In
short, while these systems don’t have the same formal or religious foundation
as Islamic waqf, they reflect a shared goal: preserving property for the
benefit of religious and community life.
Does the Waqf (Amendment) Bill,
2025, Clash with Islamic Law?
The
Waqf (Amendment) Bill, 2025, recently passed by India’s Parliament, is stirring
debate among scholars and religious leaders about whether it aligns with
traditional Islamic principles. To understand the controversy, it’s helpful to
first know what a waqf is. In Islamic law, a waqf is a permanent and
charitable dedication of property for religious or public good—like setting
aside land for a mosque, school, or hospital. It’s considered an act of faith
and generosity, deeply rooted in the Qur’an and Hadith.
Now,
let’s look at what the new bill changes and why some believe it conflicts with
Islamic teachings.
1. A Five-Year Requirement for Muslims to Create Waqf
One
key change is that only someone who has been practicing Islam for at least five
years can now establish a waqf. Traditionally, Islamic law doesn’t place any
such time limit. Anyone who is a Muslim and owns property can dedicate it as
waqf—some interpretations even allow non-Muslims to do so. So, critics argue
this five-year rule is unfair and unnecessary, as it excludes new converts or
those who are less observant, which goes against the inclusive spirit of waqf.
2. Limits on Family Waqf and
Inheritance Rights
Another
controversial clause says that creating a family waqf (waqf-alal-aulad)
must not interfere with the heirs’ inheritance rights. However, according to Islamic
law, once a property is made waqf, it’s considered to belong to God and is no
longer subject to regular inheritance rules. Family waqfs are allowed in Islam
as long as the property eventually serves a charitable cause. By bringing
inheritance laws into the picture, the bill may undermine the permanent and
inalienable nature of waqf property.
3. Ending ‘Waqf by Usage’
Recognition
Islamic
traditions, especially in the Hanafi and Shafi’i schools, recognize waqf
created by long-term religious use—like when a mosque has existed on land for
decades without official documents. This is known as “waqf by user.” The new
bill stops recognizing new waqfs in this way unless they were already
registered before the bill became law. Critics say this could prevent the future
recognition of legitimate religious sites that lack formal deeds but have been
in use for generations.
4. Involving Non-Muslims in Waqf
Governance
The
bill also allows non-Muslims to be part of waqf boards and tribunals and gives
government officials, like District Collectors, the power to decide waqf
status. Traditionally, waqf is managed by a trustee (mutawalli), and
disputes are handled by religious scholars or Islamic judges. Many see this
change as interference in religious matters and a threat to the autonomy of
Islamic charitable trusts, which are protected under India’s Constitution
(Article 26).
5. Some Positive Steps?
Not
everything in the bill is seen as negative. The focus on better record-keeping,
centralized registration, and regular audits could improve accountability,
which is also valued in Islamic teachings—as long as the religious purpose of
waqf is respected.
In Summary
The
Waqf (Amendment) Bill, 2025, brings in several new rules aimed at regulating
how waqf properties are managed. However, some of these changes—like limiting
who can create a waqf, restricting family waqfs, ignoring long-standing
religious usage, and allowing state control—seem to clash with core Islamic
principles. While traditionalists see these as serious contradictions, some
reform-minded scholars argue that certain updates may be acceptable if they
protect waqf assets and maintain their charitable purpose. Ultimately, the
debate is about finding the right balance between religious law and modern
governance—a challenge the current bill hasn’t fully resolved.
Does the Waqf (Amendment) Bill,
2025, Violate Indian Laws? A Closer Look
The
Waqf (Amendment) Bill, 2025—passed by the Indian Parliament on April 3—has
stirred up a storm of debate. Supporters call it a step toward transparency and
inclusivity, while critics believe it could undermine constitutional rights and
religious freedom. So, does the bill really clash with Indian laws? Let’s break
it down in simple terms.
What
the Bill Changes
1. Non-Muslim Members on Waqf Boards
The
biggest shift: the bill now requires at least two non-Muslims on Waqf
Boards and the Central Waqf Council. Previously, all members had to be Muslim.
This change has upset many in the Muslim community, who see it as interference
in religious affairs.
2. Government Officials Take the
Lead
Now,
a senior government official (above the rank of collector) can decide if
a property is waqf or belongs to the government. Earlier, this was solely the
job of Waqf Tribunals.
3. No More “Waqf by User”
The bill removes the practice of recognizing waqf properties based on
long-term religious use (without formal documents). This change only
applies to future cases, not past ones.
4. Centralized Database and Audits
All
waqf properties must be registered on a central portal within six months and can now be audited by the CAG (Comptroller and Auditor General) or
another official.
5. A New Name
The
Act has been renamed the Unified Waqf Management, Empowerment, Efficiency,
and Development Act, signaling a more bureaucratic and secular approach.
Where
Legal Tensions May Arise
1. Constitutional Rights
- Article 26 (Right to Manage Religious Affairs):
Critics argue that forcing non-Muslim members onto Waqf Boards
could violate the Muslim community’s right to manage its own religious
institutions. There’s no such rule for Hindu temple boards like Tirupati.
- Article 25 (Freedom of Religion):
Letting government officials decide waqf property disputes and ending
"waqf by user" may affect how Muslims practice property
dedication, a key religious tradition.
- Article 14 (Equality Before Law):
Supporters say that including non-Muslims promotes equality. But critics ask—why
apply this only to Waqf Boards and not to religious boards of other
faiths? That could be unequal treatment in itself.
2. Clashing with the Waqf Act, 1995
The
earlier law gave Waqf Boards the power to declare waqf properties and protect
them from certain legal limitations. The new bill reduces these powers
and applies general property limitation laws, which could weaken
protections.
3. Federal vs Central Control
Waqf
is a Concurrent List subject, meaning both states and the center can
legislate on it. But the bill’s centralized registration and audit rules
could cause tension between state governments and the center.
4. Blending with Secular Laws
The
bill leans more toward secular frameworks like the Trusts Act, treating
waqf like any other charitable trust. This dilutes its religious character,
which may not sit well with the waqf’s roots in Muslim personal law.
Why
the Government Says It's Legal
- Secular Transparency:
The government claims this is about better management and not about
interfering with religion.
- Legislative Power:
Parliament has amended waqf laws before, so it has the right to do so
again.
- Global Examples:
Countries like Malaysia and the UAE also have national waqf systems
with government oversight.
Legal
Challenges Already Filed
As of April 6, 2025, the bill awaits
presidential approval, but court challenges are already in motion.
- Supreme Court petitions filed by Congress MP Mohammed Jawed and AIMIM leader
Asaduddin Owaisi claim the bill violates constitutional rights.
- A PIL in the Delhi High Court questions the
religious nature of waqf under secular law, with the government asked to
respond.
