Author: Mohammed Akbar
Course: BCOM LLB
College Name: St JOSEPH COLLEGE OF LAW
ABSTRACT
The administration and management of Waqf properties in India are vital for the protection of Islamic charitable institutions and for using the said assets for the welfare and good of the community. “Waqf” means the dedication of the property permanently to public use in accordance with the tenets of Islam. In India, Waqfs are regulated by the Waqf Act, 1995. The Central Waqf Council and the State Waqf Boards have been established for the supervision of Waqf properties. But there still exist problems of mismanagement, encroachment, lack of transparency, and improper documentation. There is a need for proper administration, legal changes, and institutional accountability so that the properties of Waqf can be used for the development of education and health care and for the general welfare of the people. The paper further explains the important decisions of the courts with respect to Waqf laws and analyses the effectiveness and impacf of the current regulatory framework for safeguarding the endowments.
Keywords:
Waqf Properties; Waqf Act, 1995; Administration of Waqf; State Waqf Boards; Central Waqf Council; Islamic Charitable Institutions; Property Management; Encroachment; Transparency and Accountability; Community Welfare.
INTRODUCTION
The institution of Waqf is the representation of it in Islamic tradition. ‘Waqf’ derives from the Arabic word “Waqufa” meaning detention, to hold or tie up and under the Islamic law it means permanent charitable endowment of the property dedicated for religious or philanthropic purposes that become inalienable and managed by a special person or authority. The Institution of Waqf, under the Islamic law, implies the permanent dedication of assets, both tangible and intangible, for religious or charitable purposes recognized under Muslim law. The act of endowment is irrevocable and requires the strong framework of governance and management to assure its goals. The maintenance and the management of the Waqf properties in India is conducted by the State Waqf Boards which supervise and controls the use of the assets for communal purposes including religious institutions and educational establishments. These boards appoint members who take care of the property and are called Mutawallis or custodians to manage the Waqf properties and collect the revenues collected tax which in turn contribute to the State Waqf Boards. The system is also supplemented by the national-level Waqf Councils and the tribunals for dispute resolution acting within the scope of the Waqf Act passed in 1954 and later replaced with by the act Waqf Act of 1995, which gave more powers to Waqf Board.Whivh regulates and protects the Waqf properties in india. The British colonial administration introduced several control measures to protect Waqf properties with the enactment of Muslaman waqf validating Act 1913, however this failed to address the complexities of waqf management of waqf properties soo the primary objectives of the Waqf Act 1995, was to regulate and management of waqf properties across India.
LEGAL FRAMEWORK
The Waqf Act, 1995, and its amendments focus on regulating Waqf properties to ensure they are properly used and managed for future.The law defines Waqf as the permanent donation of movable or immovable property by a Muslim for purposes considered religious, charitable, or beneficial to society or for the benifit of orpans and poor people However, the key concern is not religious practice but the proper regulatory measures administration and mangement of these properties. The state or central government has the authority to regulate non-religious activities of Waqf institutions, including education, social welfare, and economic development, under Section 96 of the Waqf Act.
The Central Waqf Council (CWC) and State Waqf Boards (SWBs) oversee and regulate these properties to ensure transparency and legal compliance.Indian courts have ruled that Waqf Boards by landmark judgements which are statutory bodies responsible for property management, not religious organizations.
INSTITUTIONAL FRAMEWORK
The management of Waqf properties is managed through various Waqf Boards at state level and Central Waqf Council at national level. Waqf Act, 1995: This Act deals with the management, monitoring and safeguarding of Waqf properties. Waqf Tribunal: A Waqf Tribunal has been set up to solve the disputes relating to Waqf properties. Prohibition of Sale of Waqf Properties: It is not possible to sell or transfer Waqf properties and they have to be utilized for the sole purpose of their dedication only. Function of Mutawalli: A Mutawalli is the manager or trustee of a Waqf property under the Waqf Act, 1995. It is the duty of the Mutawalli to administer and manage the Waqf property, collect the income from such Waqf property, maintain the proper accounts and see that the income collected from such Waqf property is used only for the purposes for which the Waqf was established. Mutawalli is only a manager and not the owner of such Waqf property.
CONSTITUTIONAL PROVISIONS
Article 25 – Freedom of Religion which provides each individual with the freedom of conscience and the liberty to practice and propagate any religion. Any undue interference or fraud in the administration of the Waqf properties may violate this constitutional guarantee.
Article 26 – Freedom to Manage Religious Affairs which grants each religious community the right to create and control their religious institutions and to manage their properties. Government interference in the administration of Waqf properties should not violate this freedom.
Article 27 – Secularism Article 27 prohibits imposition of tax on any individual for the support of a particular religion. The administration of Waqf properties should always be in consonance with the constitutional provision of secularism.
Article 300A – Right to Property which guarantees the right to property by stating that no person shall be deprived of his/her property except under the procedure established by law. Any regulation or acquisition of Waqf properties should thus adhere to due process.
Under the (4)Waqf (Amendment) Act, 2025 must be dealt with the constitutional principles of equality, religious freedom, secularism, federalism, judicial independence, and protection of property Judicial Review and Basic Structure Doctrine any provision restricting judicial review or limiting the jurisdiction of civil courts without an effective alternative remedy may be challenged as violating the basic structure of the Constitution, particularly the independence of the judiciary Federalism is the enhanced role of the Central Government under the amendments has raised concerns regarding the reduced autonomy of State Waqf Boards, potentially affecting the federal balance between the Union and the States. In the draft of (2)Constituent Assembly Debates on 8 December 1948, where K.T. Shah spoke about the culture “Speaking of culture, I think that is not a single item, either of area, language or script. It is a vast ocean, including the entirety of the heritage of the past of any community in the material as well as spiritual domain. Whether we think of the arts, the learning, the sciences, the religion or philosophy, Culture includes them all, and much else.”
STATUTORY FRAMEWORK
The Waqf Act, 1995 : The Waqf Act, 1995 is the main piece of legislation that lays down provisions concerning administration, supervision, protection, and management of Waqf properties in India. It includes provisions related to the establishment of Central Waqf Council and State Waqf Boards, registration of Waqf properties, appointment and duties of Mutawallis, survey of Waqf properties, prevention of encroachments, and settlement of disputes through Waqf Tribunals. The main objective of the Act is to make sure that Waqf properties are managed according to the objects of Waqf and Islamic law.
2. The Waqf (Amendment) Act, 2013: The Waqf (Amendment) Act, 2013 is aimed at introducing some major changes in order to improve protection and administration of Waqf properties. Some of the key changes include enhancing powers of State Waqf Boards, imposing stronger penalties in case of encroachment and occupation of Waqf property without authority, increasing the effectiveness of registration of Waqf properties, and improving work of Waqf Tribunals. The amendment was intended to reduce mismanagement of Waqf properties.
3. The Waqf (Amendment) Act, 2025: The Waqf (Amendment) Act, 2025 introduced new amendments with regard to improving transparency and accountability in the management of Waqf properties and making the process
4. Relevant Rules Framed under the Waqf Act: In addition to the Waqf Act, 1995, the Central Government and various State Governments have framed rules for the implementation of the Act. These rules regulate matters such as registration and maintenance and powers and duties of Mutawallis, conduct of surveys, management of Waqf institutions, and administrative procedures of Waqf Boards. These rules ensure uniform implementation of the statutory provisions and promote Accountability
CASELAWS
- Syed Mohd. Salie Labbai v. Mohd. Haifa (1976) SCC 780 (5)
A dispute arose over whether a particular property qualified as a valid Waqf under Muslim law when no formal written deed of dedication existed. The Supreme Court held that under Muslim personal law, a Waqf can be validly created by an oral declaration, provided the essential elements of permanent dedication, religious or charitable purpose, and divesting of ownership are established by evidence. Relevance: directly contradicts the 2025 Amendment’s requirement of formal documentation and the five-year practice condition, both of which restrict the classical Islamic law right to create a Waqf by oral declaration.
- .Rajasthan v. Radha Kishan, Sayyad Ali v. A.P. Wakf Board (1979) (6)
The Rajasthan Board of Muslim Wakfs published a list of Waqf properties under the Waqf Act, 1954, including disputed properties that had no formal deed of dedication. The respondents challenged the finality of this list. The Supreme Court held that the published Waqf list was not final or conclusive on the question of whether a property was actually Waqf. The proper forum for conclusive determination was the Waqf Tribunal, not the Board itself. Relevance: supports the Amendment’s removal of the Waqf Board’s unilateral power to declare and notate properties as Waqf; also affirms that executive/administrative determinations of Waqf status must yield to judicial adjudication.
- Sayyad Ali v Andhra Pradesh Wakf Board of Hyderabad (1998) 2 SCC 642 (7)
Non-Muslim occupants of properties in Andhra Pradesh challenged the Waqf Board’s designation of those properties as Waqf and disputed the
Exclusive jurisdiction of the Waqf Tribunal. This ruling by the Supreme Court set down that when land becomes a Waqf, it stays one forever, its status fixed, unless overturned by a Tribunal’s decision. Only judicial process can alter such a designation; mere claim or lapse in time makes no difference. The Court also affirmed the exclusive jurisdiction of the Waqf Tribunal over all questions touching upon Waqf property. Relevance: the 2025 Amendment’s provision allowing a government officer to suspend Waqf status during investigation directly conflicts with this principle, which is why the Supreme Court stayed it in September 2025.
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- Punjab wakf board v gram panchyat@Gram Sabha (2000) SCC 121 (8)
The Punjab Wakf Board sought to have a village common land declared Waqf based on alleged historical religious use, without producing a formal deed of dedication. The Gram Panchayat, claiming the land as public community property, contested the designation. The Court held in the Survey Commissioner’s list was insufficient to conclusively establish Waqf character absent corroborative evidence of formal
Dedication and affirmed the Gram Panchayat’s standing to challenge the designation. Relevance: provides direct judicial support for the
Amendment’s abolition of Waqf by User for future properties and its requirement of documentary proof of dedication.
- Board of Wakf, West Bengal v. Anis Fatima Begum & Anr 2010 SCC 588 (9)
A conflict emerged over control and earnings from a religious trust, pitting the West Bengal Waqf Board against a woman entitled to benefits. Not
Every report on revenue was filed; oversight weakened when the manager ignored certain rights. It turned out that fairness demanded equal treatment; trustees must act in good faith toward everyone involved. Female claimants, it became clear, retain lawful access unless specific conditions apply. Oversight bodies bear responsibility, not passive observation but consistent monitoring. Decisions later shaped reforms seen years after, linking
Past gaps to future checks. Requirements introduced in 2025 echo earlier demands for audits, inclusion, and safeguards built on real disputes.
- Samem Muslim Ground burial Ground protection committee v. State of Tamil Nadu 2023 SCC 501 (10)
Beginning with a claim over territory once used for Muslim burials, Tamil Nadu asserted the site lacked official Waqf registration. Despite this, opposition emerged. The Committee contended that continuous religious practice established its sacred status. Not blind to such history, the Supreme Court acknowledged emotional weight tied to gravesites, affirming that extended worshipful use might confirm a Waqf nature. At the same time, it pressed for the quick settlement of the core conflict. This moment matters, not only does it show how reliance on usage helps fast-track solutions, aligning with the reform’s goal of timely hearings via Tribunals, but removing the principle entirely from registered lands risks unintended harm
- Abdul Rahim V .SK Abdul zabar 2009 SCC 166 (11)
A conflict emerged when the Waqf Board replaced Mutawalli, sparking legal resistance. Challenging the decision, the displaced individual questioned whether the correct steps had been taken during dismissal. In response, the highest court affirmed that monitoring Mutawallis forms part of the Board’s essential duties under law. Though managing a Waqf property carries weight, supervision remains with the Board if failure in responsibility or poor administration occurs. Removal cannot happen unless due process is observed. This judgment matters because it aligns with stricter review mechanisms introduced by the Amendment, yet underscores fair procedures, addressing concerns about broader state control lacking Sufficient checks.
Contribution Analysis
The importance of this study lies in that it adds to knowledge about the legal regime of the administration and management of Waqf properties in India through the study of statutes, constitution, and judiciary regarding the law of Waqf. This study analyses the role of the Waqf Act, 1995 and the Waqf Act, 1995 (Amendment) Act, 2001 and the role of the Waqf Board and the Mutawalli in the administration of Waqf properties. Further, the legal and administrative hurdles faced by the authorities of Waqf properties in the administration of such Waqf properties are identified in this study. Such hurdles include the issue of encroachment on, misadministration of, and non-transparency in the administration of Waqf properties. The hurdles are discussed to suggest some solutions.
IMPLICATIONS OF LAWS ON WAQF PROPERTY
The legal framework governing Waqf properties has far-reaching legal, social, economic, and administrative implications. Waqf properties constitute an important source of religious and charitable endowments and play a significant role in promoting the socio-economic welfare of the Muslim community. The law which enacted the Waqf Act, 1995, and with subsequent amendments and changes ensure the protection, efficient administration, and proper use of waqf properties. However, the implementation of the law has also given rise to several challenges. One of the most significant implications of the Waqf laws is the legal recognition and protection of Waqf properties. The legislation provides a statutory mechanism to safeguard such properties against illegal alienation, unauthorized transfers, encroachments, and misuse. The establishment of State Waqf Boards and the Central Waqf Council has strengthened institutional oversight by facilitating surveys, registration, maintenance of records, and supervision of Waqf assets.
Economically, Waqf properties possess enormous potential to contribute towards the welfare and development of the Muslim community. The Sachar Committee Report (2006) observed that Waqf properties in India were valued at approximately ₹1.2 lakh crore and which generates nearly ₹12,000 crore annually. However, the actual income was estimated to be only about ₹163 crore per year, primarily due to administrative inefficiency, inadequate management, illegal encroachments, poor maintenance, and the absence of systematic record-keeping. This has resulted in the underutilization of valuable public charitable assets.
The Waqf (Amendment) Act, 2013 introduced the requirement of conducting surveys of Waqf properties every ten years to ensure updated records and effective administration. Nevertheless, the survey initiated in 2014 remained incomplete in several States owing to financial constraints, shortage of Survey Commissioners, and administrative delays. Consequently, numerous Waqf properties continue to remain unregistered or are subject to disputes regarding ownership, possession, and management, thereby affecting their effective utilization for charitable purposes.
From a social perspective, Waqf properties have historically financed educational institutions, hospitals, orphanages, scholarships, mosques, burial grounds, and various welfare programmes. Effective implementation of Waqf laws therefore directly contributes to social justice, poverty alleviation, and community development. Conversely, ineffective administration and prolonged litigation adversely affect the intended beneficiaries by limiting the availability of resources for public welfare.
The recent changes or amendments to the Waqf law are generated considerable legal and constitutional debate. The Union Government has maintained that the amendments seek to enhance transparency, accountability, digitization of records, and efficient management of Waqf properties. However, several scholars, legal experts,and representatives of the Muslim community have expressed concerns regarding the possible impact of certain provisions on the autonomy of Waqf institutions, the protection of religious endowments, and property rights. These concerns have resulted in constitutional challenges before the courts and have intensified discussions regarding the balance between administrative reforms and the protection of minority rights. Thus, the implications of Waqf laws extend beyond property administration and encompass broader issues relating to constitutional governance, religious freedom, social welfare, economic development, minority rights, and public accountability. The effectiveness of the legal framework ultimately depends upon transparent administration, timely surveys, and strict prevention of encroachments, judicial oversight, and efficient utilization of Waqf assets for the charitable purposes for which they were originally dedicated.
SUGGESTIONS
In order to make the waqfs a useful institution for the social, economic and educational uplift of the Muslims of India, effective steps as to be taken to prevent the surplus waqf income from being wasted on frivolous matters like distribution of sweets, illuminating the dargahs or unnecessarily decorating the places of worship. The surplus income of all waqfs must be used for constructive purposes. If all the surplus waqf money in the country is pooled together and spent on granting scholarships to students, running schools, colleges and professional institutes and removing unemployment it will not only improve the image oiwaqfs but also help raise the Muslims of India from the abysmal depths of economic and educational backwardness into which they have fallen. I think there should be moving forward for Any effort to reform the Waqf Board structure would need to follow a comprehensive strategy that involves computerizing data,
With carrect drives and increasing participation from the public sector, providing security under law, and making the process of appointing members apolitical and neutral Collaboration will be necessary with civil society, legal enforcement authorities who are experts and local community leaders who knows the subject matter of waqf Under good reforms and intentions, the waqf system can be rejuvenated into a tool for socio-economic upliftment and better society.
CONCLUSION
All the laws that concern waqf properties in India aim at ensuring that these properties would be used only for the religious, charitable or public purposes for which they were created forever. Being unique in their nature because of inalienability and irrevocability, the properties are managed according to the rules set by the Waqf Board. Though the sale of waqf properties is prohibited with some exceptions made under strictly defined conditions, the knowledge of the legal framework is needed to make sure that the objectives of these properties would be achieved.
There are more than 9.4 lakh acres of land occupied with the waqf properties in India whose value is estimated at approximately ₹1.2 lakh crore. In order to solve the problems associated with mismanagement and encroachment, there is a need in digitization, greater accountability and reforming the procedure of dispute resolution with the possibility of an appeal from the Waqf Tribunal into the High Court within 90 days. There are several provisions of the Act which are challenged before the Supreme Court of India, but which are not put on hold in general while staying some specific ones pending adjudication. The waqf system in India concerns property management and
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