Meet Deepak Bhai Patel and Dharmendra Singh. In their housing society lived a man named Ansari, who initially struggled financially and took small loans from fellow residents to purchase a home. For years, his family lived peacefully there—friendly, respected, even raising a child. But what unfolded later would leave the entire society in shock and confusion.
As time passed, Ansari repaid the society members using money borrowed from elsewhere. Slowly, strangers started visiting his home regularly for namaz and other religious activities. During the COVID lockdown in 2020, Ansari sold his house and moved away—but the visitors didn’t stop. In fact, they increased. People kept gathering to offer prayers, even when social gatherings were legally restricted. When society members investigated, they discovered something baffling: the house had been declared Waqf property, without any notice or prior consent. The entire society was stunned. “What is Waqf, and how can a private house be suddenly claimed in the name of religion?” they asked.
What Is Waqf?
Waqf, in Islamic tradition, refers to a permanent charitable endowment—essentially a donation made in the name of Allah. Once a property is declared as Waqf, its ownership is considered to be with God and cannot be sold, gifted, or inherited. The donor is called waqif, and the caretaker is called mutawalli. It’s a form of Sadaqah-e-Jaariyah—a charity that keeps benefitting others indefinitely.
In India, the first historical record of Waqf dates back to Muhammad Ghori, who allocated land to support mosques, setting a model of mosque-land pairing that spread over time. During British rule, Waqf went through critical shifts:
- 1828: Land Resumption Act imposed taxes on Waqf lands.
- 1857: Post-revolt, taxes were removed to maintain peace.
- 1864: Kazee Act transferred legal authority from Qazis to British judges, weakening the Shariah link.
- Land Acquisition Act: Allowed British government to acquire Waqf lands, shaking Waqf’s autonomy.
How the Legal Framework Evolved
- 1923: Mussulman Wakf Act gave Waqf its first formal legal identity.
- 1954: Indian Parliament passed the Waqf Act, largely built on British-era provisions. Each sect got its own Waqf Board with full control over Waqf properties—even if the donor was non-Muslim, the funds had to be used solely for Islamic purposes.
- Most controversial provision: Waqf by user—if a property is used for Islamic purposes for a long time without owner objection, it can be automatically deemed Waqf.
This is exactly what happened in Deepak Patel’s society—a private residence used informally for religious purposes was unilaterally claimed as Waqf, with no notice to the actual owners or the society.
A System Ripe for Misuse
Over the years, Waqf Boards have been marred by countless scandals:
- In Bangalore, the ex-CEO of the Waqf Board was accused of embezzling 4 crore rupees.
- In Saharanpur, revenue from 183 bigha of land is missing.
- In Delhi, the AAP government faced allegations of helping misuse Waqf property worth over 100 crore rupees.
- Pune’s 7.7 crore rupees scam led to ED arrests.
- In Assam, Waqf land was sold illegally for profit, with no board action taken.
Even religious minorities like Christians in Kerala have faced arbitrary Waqf claims. In Munambam, over 600 families were shocked when Waqf claimed their land. The Catholic Bishops’ Conference of India has publicly supported the recent Waqf reforms, indicating the extent of cross-community concern.
Waqf Amendment Bill 2025: What’s New?
The newly passed Waqf (Amendment) Bill 2025 marks a turning point. After multiple failed attempts and cosmetic amendments, this bill introduces serious reforms:
- Transparency and Digitisation: Mandatory online registration of all Waqf properties.
- Inclusivity: Reserved seats for women and non-Muslims on Waqf Boards.
- Judicial Oversight: Earlier, Waqf Tribunal decisions were “final”; now, they can be challenged in court.
- Preventing Illegal Encroachments: Stronger legal provisions to stop property grab in the name of Waqf.
- Focus on Marginalized Muslims: Special measures to ensure that benefits reach backward and poor sections within the Muslim community.
Why It Matters
India’s Waqf estates are worth over 1.2 lakh crore rupees—but they generate just ₹163 crore in revenue. With proper management, this figure could touch 12,000 crore rupees annually, significantly uplifting underprivileged Muslims. Instead, the system remained plagued by fraud, mismanagement, and religious misuse.
Unlike secular trusts and temples—whose finances are often under state control—Waqf has operated with unchecked powers. This asymmetry has long raised questions of fairness and accountability.
Conclusion
The Waqf Amendment Bill 2025 doesn’t just tweak the law—it rebalances it. It’s an attempt to restore public trust, ensure fair treatment of all religious communities, and protect individuals like Deepak Patel from waking up to find their homes no longer belong to them. Whether this bill truly reforms the Waqf structure or becomes another missed opportunity depends on one thing: implementation.
