The Waqf Story: Origins in India and Answers to All Your Questions

The term Waqf originates from the Arabic word Waqfah'. It means to stop, hold or attach. In Islamic law, Waqf is the process of donating property for a religious or social purpose, in which there is a provision to spend the profit earned from that property for public good. After a property is declared Waqf, it is not possible to sell it, inherit it or transfer it to anyone.

It ensures long-term donations to religious institutions, educational organizations and welfare projects. There are three major parties in the structure of a waqf. First, the waqf, the person who donates the property. Second, the mawakuf alayh, the beneficiaries who use the benefits that accrue from the waqf. 

In Islamic tradition, Waqf properties are dedicated to Allah, and since no physical entity can oversee them, a 'Mutawalli' is chosen by the Waqf or a qualified authority to handle their management. Once declared as Waqf, the person establishing it (Waqif) relinquishes ownership, transferring it permanently to Allah, rendering the act irreversible.
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The idea of Waqf has long been a part of India’s historical tapestry, but how did it start, and what does it really signify? The Waqf Narrative: Beginnings in India and Solutions to Every Inquiry delves into the account of this lasting Islamic practice, following its origins and illuminating its importance with precision and insight

The matter of abolishing wakf in India was raised in the late 19th century when a dispute over a wakf property reached the Privy Council in London during the days of the British Raj. The four British judges who heard the case declared wakf to be the worst and most pernicious kind of perpetuity and declared wakf to be invalid. The decision of the four judges was not accepted in India and the Muslim Wakf Validation Act of 1913 saved the institution of wakf in India. Since then no attempt has been made to curb wakf.

The state of Wakf law after independence
After India's independence, the Waqf Act was introduced in 1954 to regulate Waqf properties. It was later replaced by the Waqf Act in 1995, which is still in force today. The Act provided for mandatory surveys at the state level to identify Waqf properties, formation of State Waqf Boards and the formation of the Central Waqf Council.

A major amendment in 2013 further tightened these rules, providing for stringent measures to prevent illegal transfer of waqf properties.

Modi government has also brought amendment
The Waqf (Amendment) Bill was passed in the Lok Sabha at 2:30 am after a 12-hour debate. The bill got 288 votes in favour and 232 votes against. The ruling NDA government called it a step taken in the interest of minorities, while opposition leaders termed it against Muslims. All the proposed amendments along with this bill were rejected.