What is Waqf and How Did It Evolve in India?
The term waqf originates from the Arabic word waqufa, meaning “to hold” or “to detain.” In Islamic jurisprudence, waqf refers to a religious endowment, typically a piece of property that is permanently dedicated by a Muslim for charitable or religious purposes. Once declared as waqf, the asset is considered sacred—it cannot be sold, inherited, or gifted. It exists in perpetuity to serve the community, support religious institutions, or aid the underprivileged.
The structure of waqf involves three primary roles: the wāqif (the donor), the mawqūf ‘alayh (the beneficiaries), and the mutawalli (the trustee or administrator). The trustee manages the property in accordance with the donor’s wishes and religious guidelines.
In India, the waqf tradition dates back to the pre-colonial era, when rulers and nobles of Islamic states regularly endowed lands and properties for mosques, schools, orphanages, and other community welfare institutions. Over time, the British codified waqf law to regulate these charitable endowments. Post-independence, the Waqf Act of 1954, and later the Waqf Act of 1995, provided statutory backing to waqf institutions and created Waqf Boards in each state to oversee them.
However, recent amendments to this law have sparked nationwide protests and legal challenges, culminating in a high-stakes hearing in the Supreme Court.
Why the Supreme Court is Hearing the Case
Today, the Supreme Court of India is set to hear a series of petitions challenging the amended Waqf law. A three-judge bench led by Chief Justice Sanjiv Khanna, and Justices Sanjay Kumar and KV Viswanathan, will deliberate on the constitutional validity of the new provisions.
The opposition to the amended law has been vocal and widespread. Leaders from parties like the Congress, Aam Aadmi Party (AAP), Janata Dal United, DMK, and CPI, along with several religious organizations, have filed petitions arguing that the law violates fundamental rights, including the right to equality (Article 14) and the right to practice religion (Article 25).
What the Amended Law Says
Passed recently after intense debates in both the Lok Sabha and the Rajya Sabha, the Waqf Amendment Bill aims to address what the government describes as “widespread irregularities” in the management of waqf properties. According to the government, the law is focused on property management, not religious practice.
Officials claim that the proceeds from waqf properties are not effectively reaching poor Muslims, especially women and children, and that the new provisions will bring more transparency and accountability.
The bill also includes provisions for the inclusion of non-Muslim members in Waqf Boards—a clause that has become one of the most contentious points.
Why the Law is Being Challenged
Critics argue that the amended law undermines the religious autonomy of Muslims. Among the most significant objections are:
- Violation of Religious Rights: Petitioners like AIMIM leader Asaduddin Owaisi argue that the law diminishes the protections offered to waqf properties, while those protections remain intact for properties of other religious communities. This, he contends, is discriminatory.
- Inclusion of Non-Muslim Members in Waqf Boards: AAP MLA Amanatullah Khan has pointed out that allowing non-Muslims to serve on Waqf Boards undermines the religious character of these institutions and violates Article 14 by introducing irrational criteria not aligned with religious intent.
- Alleged Arbitrary and Unconstitutional Provisions: Several petitioners have called for the law to be either repealed or stayed, calling its enforcement arbitrary and not grounded in constitutional principles.
At the same time, BJP-ruled states such as Madhya Pradesh, Rajasthan, Chhattisgarh, Assam, Maharashtra, and Uttarakhand have filed applications in support of the law, arguing that it ensures better governance of waqf properties and aligns with secular administrative goals.
Protests and Public Backlash
The legislative change has not gone unchallenged outside the courtroom. Protests erupted in various parts of the country, with the most severe violence reported in West Bengal, where three people lost their lives and many were displaced. Chief Minister Mamata Banerjee has categorically stated that her government will not implement the amended Waqf law in the state.
A Battle of Faith, Rights, and Governance
The Supreme Court’s hearing marks a crucial moment in the ongoing debate around waqf governance in India. At the heart of the issue lies a tension between religious freedom, community autonomy, and state oversight. While the government frames the amendment as a step toward accountability and inclusive administration, critics see it as a direct threat to religious rights and minority self-governance.
As the court begins deliberation, its ruling will not only shape the legal framework governing waqf properties but also set a precedent for the intersection of religion and law in a diverse and secular democracy like India.
(With inputs from agencies)
