The Waqf Board system, based on Islamic concepts of endless charity (Sadaqah-e-Jaariyah), has remained the backbone of socio-economic well-being for centuries. But recent controversy in India has put it in the spotlight once again, raising questions about its governance, transparency, and legal regulation. This article examines the Waqf system’s history, its development in India, and controversies defining its future
The Origins of Waqf : A Legacy of Continuous Charity
The idea of Waqf Board (Arabic for “to hold” or “to preserve”) originated in the 7th century. Based on the teachings of Prophet Muhammad, it is the act of devoting assets (land, buildings, or money) to Allah for the benefit of the public. The earliest known Waqf was the Kaaba in Mecca, which was created as an eternal charitable trust.
Key principles include:
- Permanent Ownership : Assets are not sellable, inheritable, or transferable once Waqf is assigned.
- Public Benefit : The income goes to religious, educational, or social purposes.
- Sadaqah-e-Jaariyah : The rewards of the donor endure even after demise if the asset is for the benefit of society.
Waqf Board in India : From Mughal to Contemporary Governance
Waqf in India has its origins in the Mughal period, during which Islamic regimes institutionalized it as a mechanism for maintaining religious and social infrastructure. Emperors such as Aurangzeb legalized grants of land (farmans) to mosques, dargahs, and madrasas, appending villages to raise revenues for their maintenance. For example, the Jama Masjid of Delhi was supplemented by revenues from neighboring markets and agricultural tracts, giving rise to a self-sustaining model. These endowments were overseen by Mutawallis (trustees) and inscribed in central registers, combining Persian administrative techniques with Islamic ideals of charity.
British colonial control interfered with this structure. Legislation such as the Land Acquisition Act (1894) made it possible for the state to appropriate Waqf property for “public purpose,” frequently bypassing religious obligations. The Kazis Act (1864) deprived Qazis (Islamic judges) of powers, referring disputes to British courts that were not conversant with Waqf jurisprudence.
After 1947, the Waqf Act (1954) attempted to reclaim and safeguard these properties, setting up state-level Waqf Boards to administer properties. But unclear records and political meddling resulted in mismanagement. For instance, thousands of “evacuee properties” (left behind by Muslims who migrated to Pakistan) were wrongly classified, initiating decades-long court fights.
The 1995 Waqf Act marked a turning point, introducing tribunals to expedite disputes and mandating nationwide surveys. Yet, corruption flourished. Politicians and land mafias exploited loopholes, leasing prime Waqf land for personal gain—Delhi’s Fatehpuri Masjid shops were rented at ₹1,500/month instead of market rates of ₹20,000. The Sachar Committee (2006) revealed systemic failures: 6 lakh acres of Waqf land generated just ₹163 crore annually, a fraction of its potential.
Now, the 2024 Waqf Amendment Bill seeks to update governance by computerizing records and engaging district collectors in audits. Promising transparency, critics contend it concentrates control, threatening alienation of Muslim stakeholders. From Mughal farmans to digital dashboards, India’s Waqf experience is one of an effort to reconcile sacred trust with bureaucratic accountability—a legacy still looking for its moral compass.
Controversies and Corruption : The Dark Side of Waqf Management”
The Waqf board system, which is meant to elevate underprivileged communities through continuous charity, has been marred by chronic mismanagement and abuses. At the core of these controversies is a harsh incongruity between its altruistic intention and the actuality of its implementation.
Financial Mismanagement and Underutilization
The Sachar Committee Report of 2006 revealed glaring inefficiencies: India’s 4.9 lakh registered Waqf properties across 6 lakh acres earn a paltry ₹163 crore every year. To compare, Singapore’s 200 Waqf properties earn ₹42.7 crore, revealing India’s systemic underperformance. Much of it is due to:
- Illegal Leases : Mutawallis (custodians) usually lease upmarket properties at peanuts to private parties or politicians. For example, Karnataka’s Waqf Board leased 27,000 acres of land for pennies, resulting in an estimated ₹2 lakh crore loss.
- Non-Islamic Use : In gross contravention of Islamic teachings, Waqf land in Delhi and Mumbai was rented out to liquor baron Vijay Mallya’s companies.
Land Grabs and Political Collusion
A 2024 India Today sting operation exposed gruesome collusion between Mutawallis, politicians, and land mafias:
- Fraudulent Deeds : Meerut’s Mutawalli Kamal Ahmad created fake documents to sell Waqf Property No. 3068 and received 25% of the ₹1.3 crore transaction in bribes.
- Politician Ladder : Politicians such as Karnataka’s Rehman Khan and Zafar Sharif were alleged to have organized illegal sale of desirable Waqf land to real estate companies.
- Ghost Properties : In Uttarakhand, 450 “dargahs” were found in forests having no religious or historical context—most probably constructed to illegally grab land.
Legal Ambiguities and Exploitation
- Oral vs. Written Waqf : The absence of written documents facilitated false claims. For instance, a Dargah in Karnataka’s Tumkur was found illegal after 1906 maps established its non-existence.
- Evacuee Property Conflicts : Post-1947, thousands of Waqf properties were wrongly classified as “evacuee land” (abandoned by migrants to Pakistan). Delhi’s Jama Masjid adjacent shops, leased at ₹1,500/month instead of ₹20,000, highlight decades of revenue theft.
Institutional Weaknesses
- Bias in Waqf Tribunals : Critics argue tribunals—intended to resolve disputes swiftly—often favor Muslim claimants without rigorous evidence.
- Audit Failures : Even with mandates, several state Waqf Boards forgo audits. Andhra Pradesh’s Board put excess money into fixed deposits, which earned them interest—prohibited in Islam—while ignoring the welfare of society.
Human Cost
While Waqf Board properties are worth ₹1.2 lakh crore, 38.4% of Indian Muslims were below the poverty line (2004–05). Muslim literacy in West Bengal, which has the highest Waqf properties, stood at 57% (compared to the national 74%). This highlights how corruption denies poor communities education, healthcare, and shelter.
- The 2024 Reforms : The new Waqf Bill is intended to contain these problems by making oral deeds null and void and authorizing district collectors to monitor surveys. Critics worry that centralized control may only further disenfranchise Muslim stakeholders, weakening confidence in a system designed to empower them.
Why This Matters
The social justice potential of Waqf Board remains unrealized. Lacking transparency, computerized audits, and grassroot-level governance, India will continue to run the risk of perpetuating a vicious cycle where sacred trusts are used as instruments for greed—profaning the very principle of Sadaqah-e-Jaariyah.
India government’s 2024 bill is designed to contain mismanagement but runs into opposition:
Major Reforms:
- Verbal Waqf declarations become invalid ; deeds have to be in writing.
- District collectors monitor surveys, curbing Waqf Boards’ autonomy.
- Two non-Muslims and Muslim women have to become members of Waqf Boards for inclusiveness.
- Critics : Critics charge the bill is taking control centralizing, disempowering communities.
Conclusion
India’s Waqf Board system, founded to empower people through perpetual charity, is afflicted by corruption and mismanagement. With huge assets, systemic drips—illicit leases, fake deeds, and political machinations—drain it of revenue for the poor. The 2024 reforms, making transparency and digitalization topmost, seek to revive accountability. But change lasts only when there is a balancing of bureaucratic monitoring with people’s trust at grassroots levels. It is only when Waqf returns to its original ethos of justice that it can reclaim itself as a means of equitable development.
- “THE WAQF ACT, 1995”
- Madras Hindu Religious And Charitable Endowments Act, 1951
- THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920
- THE MUSSALMAN WAKF ACT, 1923
- Copy of Letter from the Office of the Prime Minister to State Governments regarding Protection of Wakfs
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