The concept of Waqf, deeply rooted in Islamic tradition, has a long history in India. While its exact origins remain debated, historical accounts suggest that it dates back to the 12th century, during the reign of Muhammad Ghori. Recently, the Indian government introduced amendments to the Waqf Act, igniting debates over its historical significance and current implications.
What is Waqf?
Derived from the Arabic word “Wakafa,” meaning “to stop” or “preserve,” Waqf refers to the practice of dedicating movable or immovable assets for charitable or religious purposes. Such properties are meant to benefit the public, with their revenue supporting education, religious institutions, and social welfare.
Historical Roots of Waqf in India
The introduction of Waqf in India coincided with the arrival of Islam. While some historians argue that it was present in South India as early as the 7th century through Arab traders, the first known instance of Waqf property allocation is attributed to Muhammad Ghori. After his victory over Prithviraj Chauhan in the late 12th century, Ghori donated two villages for the upkeep of Multan’s Jama Masjid, marking the beginning of formalized Waqf in India.
During the Delhi Sultanate (1206-1526), rulers like Qutb-ud-din Aibak and Iltutmish institutionalized the practice by dedicating lands to mosques, madrasas, and charitable trusts. The Mughal era further strengthened the Waqf system, with emperors such as Akbar expanding its reach to include hospitals, educational centers, and religious institutions.
Waqf During the British Rule
Under British rule, Waqf properties were loosely governed, leading to widespread mismanagement. Recognizing the need for legal oversight, the British enacted the Waqf Validating Act in 1913, which later evolved into the 1923 Waqf Act. This legislation provided a formal structure to manage Waqf assets, ensuring that they served their intended purpose.
Post-Independence Waqf Reforms
After India’s independence, Waqf management fell under the purview of the Ministry of Minority Affairs. The 1954 Waqf Act, later replaced by the 1995 Waqf Act, established centralized Waqf boards to regulate and monitor properties. Over the years, the government introduced amendments to tackle encroachments and improve governance.
Recent Amendments and Controversies
In 2024, the government introduced the Waqf Board Amendment Bill in Parliament, sparking discussions and opposition from various quarters. The bill, which includes 44 proposed changes, aims to enhance transparency and prevent misuse of Waqf assets. However, critics argue that it could undermine the autonomy of Waqf institutions and lead to potential government interference.
Challenges and the Future of Waqf in India
Despite its noble intentions, the Waqf system faces numerous challenges, including encroachment, corruption, and mismanagement. With Waqf properties ranking among India’s largest landowners after the Indian Railways and the Indian Army, ensuring their proper utilization remains a pressing concern.
As debates over the Waqf Bill continue, the need for a balanced approach—one that safeguards religious and charitable intentions while ensuring accountability—remains paramount. Whether the new amendments will achieve this goal or lead to further disputes is yet to be seen.
