Waqf in India: From Charity to Controversy

India’s land and religious governance is a complex mesh of tradition, law, and politics. Among the most opaque and least publicly scrutinized institutions is the Waqf system — a centuries-old Islamic charitable endowment framework meant to serve religious and social welfare. But what happens when a mechanism designed for perpetual charity becomes a tool for land grabs, mismanagement, and political appeasement?

This blog explores the truth about Waqf in India — its origins, its unchecked power, the alarming misuse of authority, and how recent reforms by the Indian government aim to restore balance and transparency.

What is Waqf? And How Did It Evolve in India?

Waqf (or Wakf) is an Islamic institution where a person donates property for religious or charitable use — in perpetuity. The original owner gives up all rights, and the property is held for public good, managed by a trustee (mutawalli). Ideally, it funds mosques, schools, orphanages, and hospitals.

Introduced in India with Muslim rule, the Waqf system expanded under the Mughals and continued under British rule. Post-independence, the Waqf Act of 1954, and later Waqf Act of 1995, formalized its structure. Each state has a Waqf Board that governs these properties, with the Central Waqf Council overseeing national policy.

Sounds noble, right? Except, in reality, the system has been plagued with corruption, encroachment, opacity, and dangerous politicization.

Merits: The Original Intent

At its heart, the Waqf system is a beautiful concept:

• Charity in perpetuity: Ensures long-term funding for welfare activities.

• Community empowerment: Offers self-governance to Muslims over religious assets.

• Preservation of heritage: Maintains mosques, dargahs, and other historic sites.

But in India’s case, the scale is enormous — over 8 lakh Waqf properties covering 6 to 10 lakh acres. That makes Waqf the third-largest landholder in India after the military and railways.

And that’s where things start to unravel.

The Dark Side: Corruption, Land Grabs & Political Abuse

Despite its noble roots, Waqf in India has become a parallel land empire — poorly managed, heavily politicized, and largely unaccountable.

1. Gross Mismanagement

Reports like the Sachar Committee (2006) revealed shocking inefficiency:

• 4.9 lakh properties generated just ₹163 crore annually.

• Less than 3% return on assets — a clear sign of underutilization.

• Massive encroachments and illegal leases at throwaway rents.

Boards lacked professional staff, audits were rare, and digitization was a mess. Many valuable assets just disappeared off the radar.

2. Lack of Transparency

Until recently, most states hadn’t even fully digitized their waqf records. Even today, only a tiny fraction of waqf deeds are publicly available.

This secrecy opened doors to illegal sales, ghost leases, and manipulation by powerful insiders — often aided by corrupt politicians or board members.

3. Land Grabs Disguised as “Waqf by User”

One of the most controversial aspects has been the concept of “waqf by user” — where a property used for religious purposes (even informally) could be declared waqf, without any registered deed.

Case in point:

In Thiruchenthurai village, Tamil Nadu, the Waqf Board laid claim to the entire village, including a 1,500-year-old Hindu temple, claiming it was waqf land. Villagers discovered this only when trying to sell property and were told they needed permission from the Waqf Board to proceed.

"No deed. No due process. Just a declaration — and your land is no longer yours".

This wasn’t an isolated case. Public parks, government offices, even temples — have seen claims slapped on them under the garb of waqf.

4. Political Appeasement & “Vote Bank” Culture

Under successive governments — particularly pre-2014 — Waqf Boards were allowed to operate with almost no oversight.

Take the 123 properties in Delhi’s Lutyens zone, handed over to the Waqf Board in 2014, just before the general election. These were prime assets, some with public or heritage value — transferred based on vague historical claims.

Why? Critics say it was a clear case of minority appeasement to court Muslim votes. Even senior Muslim leaders like Lalu Prasad Yadav admitted:

“Waqf Boards have looted lands... prime land, all grabbed... everything sold off.”

This unchecked expansion — nearly 21 lakh acres added to waqf between 2013 and 2025 — became a flashpoint for national outrage.

How Does It Compare to Hindu and Christian Property Boards?

The Waqf system’s legal power stands in sharp contrast to how properties of other religions are managed:

• Hindu Temple Trusts: Many are controlled by state governments (especially in Tamil Nadu, Andhra Pradesh, Telangana etc.) through HR&CE departments. Governments appoint trustees, audit finances, and sometimes even redirect temple funds for secular uses. Ironically, many Hindus argue for freeing temples from state control.

  
  

• Christian Churches: Typically governed by private trusts or societies, without any centralized board. Their property dealings are regulated by general trust law, not a religious statute like the Waqf Act.

  
  

• Waqf Boards (until now): Had unilateral powers, including the ability to declare land as waqf. No need for external consent. Their decisions couldn’t even be challenged in civil courts. No other religious body had this kind of sweeping authority.

That imbalance raised serious constitutional and public policy questions.

The Game Changer: Waqf (Amendment) Act, 2025

After years of unchecked waqf expansion, the Indian government passed a landmark amendment in 2025 to overhaul the Waqf system. Here's what changed:

1. No More Unilateral Land Grabs

The amendment abolishes “waqf by user”. Waqf Boards can no longer declare land as waqf without proper legal deeds or gazette notification.

If a property was wrongly recorded as waqf, it will now be returned to its rightful owner — be it a government body, temple, private individual, or community.

This single clause ends decades of arbitrary land grabs.

2. Waqf Boards Lose Absolute Power

Previously, civil courts had no jurisdiction over waqf decisions. Now, High Courts can hear appeals — restoring a vital constitutional check.

Waqf Boards also lose their exclusive right to survey properties — now handled by District Collectors under regular land laws.

3. Non-Muslim Representation Introduced

Every waqf board must now include two non-Muslim members, meant to ensure transparency and external oversight. Their role is administrative, not religious.

Critics called it interference. Supporters called it accountability.

4. Inheritance and Fraud Protection

The law now prevents people from using waqf to bypass inheritance laws (e.g., disinheriting women or heirs by converting property into waqf). Also, only someone who’s been a Muslim for 5+ years can create a waqf — to prevent opportunistic misuse.

5. Transparency and CAG Audits

Waqf Boards must now undergo audits by the Comptroller and Auditor General (CAG) — a huge step toward financial transparency.

Who Benefits from the New Law?

1. Ordinary Citizens

People like the farmers in Thiruchenthurai or residents near disputed waqf properties now have legal protection. Their properties can’t be claimed as waqf without proof.

2. Public Institutions

Schools, parks, roads, and public buildings wrongly listed as waqf can now be restored, freeing up public land for actual public use.

3. The Muslim Community

Yes — even the Muslim community benefits. Why? Because this law ensures waqf assets are actually used for education, healthcare, and welfare, not siphoned off by corrupt middlemen.

With better audits and oversight, waqf income may finally reach Pasmanda Muslims, orphans, women, and minority students who need it most.

A Wake-Up Call for All Faith-Based Institutions

This reform is more than just about waqf. It’s a broader signal:

Religious institutions, regardless of faith, must be accountable, transparent, and lawful.

Whether it’s Hindu temples controlled by bureaucrats, or Christian trusts operating as private empires, the principle must be the same: Charity must serve the people, not the powerful.

Final Thoughts: Time to Reclaim the Spirit of Waqf

Waqf was meant to serve God and society — not political interests, not land sharks, and certainly not backroom power brokers.

What India has witnessed over the past few decades is a perversion of that intent. And the 2025 amendment is a much-needed correction.

Yes, some will oppose it — and yes, legal challenges will likely follow. But let’s not lose sight of the bigger picture:

This isn’t about religion.

This is about reclaiming charity from the corrupt.

This is about putting land back in the hands of the people.

And this is about restoring integrity to one of the oldest institutions of public good.

Let’s hope this sets the stage for similar reforms across all religious institutions — where transparency isn’t a threat, but a path to trust.