In today’s talk, we dive into the hidden giant of Indian land—WAQF. From history to headlines, discover how it impacts law, religion, and community welfare!
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The Talk
Imagine owning a piece of land so big that it could build thousands of schools, hospitals, and homes. Now imagine that this land is barely used, poorly managed, and in some places, even forgotten. Sounds crazy, right? But this is the real story of WAQF — a silent land giant in India that not many people talk about. In fact, WAQF is the third-largest landholder in the country, right after the Indian Armed Forces and Indian Railways.
So, what exactly is WAQF?
Under Muslim law, if a person donates their movable or immovable property—like land, a house, or even money—for a religious or charitable purpose, that property becomes WAQF. The person who donates it is called a WAQIF. And here’s the catch: once a property becomes WAQF, it stays WAQF forever. That’s why there’s a famous line in this system—“Once a WAQF, always a WAQF.”
The property, once donated, cannot be sold or transferred. But it can be used to generate income—say, through rent or commercial use—as long as that money is used for the benefit of the Muslim community. These properties are managed by State WAQF Boards, and caretakers called Mutawallis are appointed to handle them. A portion of the income, around 7%, is contributed to the board for administration. The entire system is governed by laws like the WAQF Act, 1995, which evolved over time through earlier acts like the Musalman WAQF Validating Act of 1913 and the WAQF Act of 1954.
But despite this large structure, WAQF properties have not reached their true potential. To dig deeper, the government formed a committee in 2005—the Sachar Committee—to understand the economic, educational, and social conditions of Muslims in India. One of their key findings was the situation of WAQF properties.
The numbers were shocking. India had around 4.9 lakh WAQF properties spread across 6 lakh acres. The biggest concentrations were in West Bengal and Uttar Pradesh. On paper, the book value of these properties was just ₹6,000 crores. But market experts estimated the real value to be around ₹1.2 lakh crores! And despite this, the annual earnings were only ₹163 crores, which is just 2.7% ROI. Experts believed that if these properties were managed properly, they could easily generate at least 10% ROI—around ₹1,200 crores each year. This money could change lives—funding schools, colleges, hospitals, and welfare programs.
So, what went wrong?
The problem was mismanagement. No digital records, outdated systems, weak surveys, and unclear rules led to the poor performance of such valuable assets. The Sachar Committee suggested many changes, like stricter management, digital record-keeping, more power to tribunals, inclusion of women, timely surveys, and involving professionals—even non-Muslims—for better oversight. Based on this, the WAQF (Amendment) Act of 2013 was introduced. But even after this, many of the old issues remained.
To address this, in August 2024, the government introduced two important bills: the WAQF Amendment Bill, 2024, and the Musalman WAQF (Repeal) Bill, 2024. The aim was simple: clear rules, smoother processes, and better management of WAQF properties. But the bills faced criticism and were referred to a Joint Parliamentary Committee. After hearing the views of experts, public stakeholders, and community leaders, the committee came up with 25 major recommendations. These led to the introduction and passing of the WAQF (Amendment) Bill, 2025.
This new bill brought some major changes, and not all of them were welcomed easily.
Earlier, anyone—even a non-Muslim—could dedicate a property to WAQF. But now, only those who have been practicing Islam for at least five years are allowed to donate property as WAQF. Earlier, even if a property didn’t have written proof but was being used by the Muslim community, it could be declared as WAQF. This concept, called “WAQF by users,” has now been removed. Written proof is now mandatory.
In the past, there were cases where WAQF Boards claimed government land as WAQF without strong evidence. Now, the District Collector will verify the ownership. If the WAQF Board can’t show proper records, the property won’t be accepted as WAQF.
There were other problems too. Earlier, a Survey Commissioner decided which property was WAQF, but this person didn’t hold a government authority position. Now, the District Collector—a proper state official—will conduct the survey. This brings more transparency and trust. Another big issue was that people had only one year to challenge the WAQF registration of a property. If they missed that, the property stayed as WAQF permanently. That time limit has now been extended to 12 years, giving people more time to raise their claims.
Also, decisions made by the WAQF Tribunal used to be final. If someone disagreed, they had very limited options. Now, after 90 days, people can take their appeal to the High Court if they feel justice hasn’t been served.
Another sensitive issue was the concept of “WAQF Alal Aulad”—where family property becomes WAQF when no legal heirs are left. The earlier system mostly considered only male heirs. But the new amendment gives daughters and female family members an equal right to claim the property. This is a major step toward gender justice in the community.
The composition of WAQF authorities also saw a big shift. Earlier, WAQF Boards and Councils were made up of only Muslim members. Now, they must include at least two non-Muslim members and two Muslim women. These non-Muslim members will only handle charity-related work, ensuring that administration becomes more inclusive while respecting religious sentiments. Even the WAQF Tribunal has changed. Earlier, it was led by Muslim law experts. Now, a retired or current District Court Judge or senior government officer will lead the tribunal—adding more legal strength to the system.
WAQF has the power to be a game-changer. The land is there, the resources are there. What it needed was direction. With the 2025 Amendment, we might finally be on the path to using this powerful asset for the real good of the community. But laws are only one side of the coin. The other side is action—fair, honest, and transparent action. Because behind every WAQF property lies the intention of charity, and it’s our responsibility to honor that intention.
And remember… once a WAQF, always a WAQF.
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law and Policy