The Waqf Law Reform 2024 brings significant amendments to enhance the governance of waqf properties in India. Its key provisions include the use of technology for transparency, protection of registered waqf properties, safeguarding women’s rights, and removal of arbitrary powers under Section 40. The evolution of waqf administration spans from the Privy Council ruling in 1894 to the Waqf Acts of 1954, 1995, and 2013, showing a continuous effort to modernize and regulate waqf management effectively.
What is Waqf?
A Waqf is a permanent donation or dedication of property (movable or immovable) by a Muslim for a religious, charitable, or pious purpose under Islamic law.
Once a property is declared as waqf, it cannot be sold, gifted, or inherited and must be used only for the intended charitable or religious purpose.
Examples include:
- Donating land for a mosque
- Setting up a charitable school or hospital
- Providing for widows, orphans, or education from the waqf income
The Waqf Law Reform 2024: Key Highlights
The Waqf (Amendment) Bill, 2024, introduces several important changes aimed at bringing transparency, fairness, and modern technology into the administration of Waqf properties across India. These changes follow the suggestions made by the Joint Committee that reviewed the Waqf Amendment Bill.
Here’s what you need to know:
1. Trusts No Longer Treated as Waqf
Muslim-owned trusts created under any other law (like the Trusts Act) do not classify as waqf. This allows individuals to manage their own trusts freely, without involvement from the waqf boards.
2. Bringing in Technology
Technology will now play a big role in managing waqf properties. This will make the system faster, more transparent, and more efficient.
3. A Centralized Waqf Portal
A national online platform will be developed to handle everything related to waqf properties—from registration, accounts, and audits to court cases—all in one place.
4. Who Can Dedicate Property to Waqf?
Only a person who has practiced Islam for at least 5 years can now dedicate their personal property as waqf. This returns to the older rule (before 2013) and prevents misuse.
5. Protection of ‘Waqf by User’ Lands
If a property is already listed as a waqf based on long-term usage, it will stay that way—unless it’s proven to be government land. Out of 872,000 waqf properties, around 402,000 are classified as “waqf by user,” based on long-term public use.
6. Women’s Rights Protected
Before any property is donated to waqf, women must receive their legal share of inheritance. Special protection is given to widows, divorced women, and orphans.
7. Mandatory Online Property Registration
Mutawallis (property managers) must upload complete property details to the central portal within six months, which helps in keeping everything accountable.
8. Disputes over Government Land
If any waqf claim is made over government land, a senior officer (higher than Collector) must first verify it. This will stop false claims over public properties.
Examples of concern:
- 5973 government properties have already been declared waqf.
- 132 ASI-protected monuments were also claimed as waqf.
- In Delhi, over 360 properties under government authorities were brought under litigation.
- Even villages and urban spaces like Surat Municipal HQ were claimed.
9. Stronger and Fairer Waqf Tribunals
Tribunal members will now be chosen through a structured and transparent process, with fixed terms, to ensure fair and faster resolution of disputes. There are currently over 21,600 pending cases.
10. Inclusion of Non-Muslims in Waqf Boards
Each Central and State Waqf Board will now include two non-Muslim members, recognizing that waqf matters can affect diverse communities.
11. Lower Annual Contributions
The annual contribution that waqf institutions must pay to their boards has been reduced from 7% to 5% so more funds can go toward charitable work.
12. Limitation Period for Claims
Now, the Limitation Act, 1963, applies to waqf property cases. This means there is a time limit for filing claims, which helps avoid endless litigation.
13. Mandatory Yearly Audits
Waqf institutions with yearly earnings above ₹1 lakh must undergo annual audits by auditors approved by the State Government. This helps ensure proper use of funds.
14. Removal of Arbitrary Power—Scrapping Section 40
Section 40 allowed waqf boards to randomly declare any land as waqf—leading to serious issues.
Examples of misuse:
- Entire villages in Tamil Nadu and Bihar were declared waqf.
- 15,000 acres in Karnataka were claimed as waqf.
- In Kerala (Sept. 2024), 600 Christian families challenged such claims.
Out of 30 States and Union Territories, only 8 shared data—showing that 515 properties were declared as waqf under Section 40, often without proper verification.
This section is now removed, ensuring waqf boards follow fair legal procedures.
Why These Changes Matter
These amendments are designed to:
- Protect individual rights
- Stop misuse of waqf laws
- Empower women and minority communities
- Use technology for transparency
- Ensure legal and fair governance of religious endowments
The Waqf (Amendment) Bill, 2024, is a step towards reform, balancing religious rights with accountability and rule of law.
Concerns Raised and Addressed in the Waqf (Amendment) Bill, 2024
1. Safety of Existing Waqf Properties (like Mosques and Graveyards)
Concern: Long-standing waqf places like masjids and kabristans could be at risk.
Solution: All such properties already registered with Waqf Boards before this new law starts will be protected, unless proven to be government land or under dispute.
2. Widows, Divorced Women, and Orphans as Beneficiaries
Concern: Adding them as beneficiaries in Waqf-alal-aulad (family waqf) may go against the original donor’s wishes.
Solution: A clarification was added—“if waqif so intends”—so that such inclusion happens only if the donor (waqif) wants it.
3. Risk of Misuse by Collectors
Concern: A Collector might wrongly declare waqf property as government land.
Solution: Now, only a higher-ranking officer will conduct such inquiries, ensuring more fairness and less bias.
4. Six-Month Deadline for Uploading Property Details is Too Short
Concern: Mutawallis (managers) may need more time to upload waqf property information to the new portal.
Solution: The Tribunal can now give an additional six months if needed.
5. Unregistered Waqf Properties Might Lose Legal Rights
Concern: Properties not registered within six months could lose protection, helping encroachers.
Solution: Courts can now grant an extension of another six months, allowing genuine waqf properties to register in time.
6. Tribunal Should Have Three Members
Concern: Reducing the number of tribunal members from three to two may affect balanced decisions.
Solution: The three-member structure is kept to ensure better judgment and fairness.
Evolution of Waqf Laws in India — A Simplified Overview
The administration of waqf properties in India has evolved through various laws aimed at better management, transparency, and protection of these religious endowments. Here’s how waqf governance has changed over the years:
🔹 1. Early Legal Challenges
- Privy Council Judgment (1894): Ruled that Waqf-alal-Aulad (family waqf) was invalid, as waqf should serve only public religious or charitable purposes, not private family benefits.
This caused discontent among Indian Muslims.
🔹 2. Recognition of Family Waqfs
- Mussalman Wakf Validating Act, 1913: This law gave legal approval for Muslims to create waqfs (endowments) that could benefit their family members, as long as the waqf also served a charitable purpose in the future.
- Mussalman Wakf Act, 1923: Brought in proper management and accounting rules for waqf properties to prevent misuse.
- Mussalman Wakf Validating Act, 1930: Gave retrospective legal support to the 1913 law, validating family waqfs created before it.
🔹 3. Creation of Waqf Boards
- Wakf Act, 1954: Set up State Waqf Boards (SWBs) for the first time to monitor and manage waqf assets in a systematic manner.
- Amendments (1959–1984): A Series of updates aimed at improving waqf administration and accountability.
🔹 4. Major Reform: Waqf Act, 1995
This comprehensive law replaced the earlier 1954 Act and introduced key changes:
- Set up Waqf Tribunals for quicker dispute resolution.
- Gave more powers to the Central Waqf Council: Strengthened the authority of the Central Waqf Council to monitor State Waqf Boards and take action to fix any issues or irregularities.
But even with these reforms, inefficiencies and mismanagement persisted.
🔹 5. The Waqf (Amendment) Act, 2013
We made additional adjustments to address the growing concerns:
- Broadened definition of waqf: Allowed any person, not just Muslims, to create waqf—raising questions about religious intent.
- Sect-based representation: Ensured Sunni and Shia communities were properly represented on their respective waqf boards.
- Waqf overrides other laws: Gave waqf law supremacy over other laws, which led to conflicts and confusion.
- District Magistrates’ role: Made DMs responsible for ensuring compliance with board decisions.
Problems That Still Remain After Improvements
Even with multiple laws, serious issues continued, such as
- 🔸 Lack of transparency in waqf property dealings.
- 🔸 Incomplete land surveys and improper land records.
- 🔸 Poor legal rights for women in family waqf cases.
- 🔸 Rising litigation—cases jumped from 10,381 in 2013 to over 21,600 now.
- 🔸 Waqf Boards misusing power to declare any land as waqf.
- 🔸 Disputes over government land are declared as waqf.
- 🔸 Weak auditing and lack of proper financial records.
- 🔸 Administrative inefficiencies and lack of modern systems.
- 🔸 No fair treatment for trust properties (non-waqf).
- 🔸 Poor representation of key stakeholders in decision-making bodies.
Final Thought
The Waqf (Amendment) Bill, 2024, introduces essential reforms to improve transparency, fairness, and accountability in the management of waqf properties in India. By mandating online registration, annual audits, and tribunal reforms, the bill curbs past misuse and promotes efficient governance. It protects women’s inheritance rights, clarifies trust classifications, and removes arbitrary powers like Section 40. The Inclusion of non-Muslim members and limitation laws: Allowing non-Muslims on Waqf Boards and applying limitation laws helps promote fair, lawful, and balanced management of waqf properties. Overall, the bill reflects a modern approach to waqf administration—preserving its religious purpose while aligning with legal and technological advancements for better public trust and effectiveness.
Frequently Asked Questions
When were the Central Waqf Council (CWC) and State Waqf Boards (SWBs) formed?
State Waqf Boards (SWBs): Set up under the Wakf Act, 1954, to manage and protect waqf properties in an organized and systematic way.
Central Waqf Council (CWC): Formed through the Wakf (Amendment) Act, 1964, to guide the Central Government on how waqf boards should function and be properly administered.
Who manages Waqf properties in India?
The Waqf Act, 1995, governs Waqf administration through three main bodies:
Central Waqf Council (CWC): Advises and monitors waqf management under the Ministry of Minority Affairs.
State Waqf Boards (SWBs): Manage and protect waqf properties at the state level.
Waqf Tribunals: Resolve disputes related to waqf properties.
Together, they aim to ensure efficient, transparent, and accountable waqf governance.
What does the Central Waqf Council (CWC) do?
The CWC is a statutory advisory body formed under Section 9 of the Waqf Act. Its key roles are
It provides advice to state governments and SWBs regarding irregularities or legal violations.
SWBs can provide reports on finances, surveys, waqf deeds, property encroachments, audits, and more.
What is a Waqf Board
A Waqf Board is a statutory body formed under the Waqf Act to manage, regulate, and protect waqf properties in India.
It ensures proper administration and utilization of properties dedicated for religious, charitable, or pious purposes under Islamic law.
Each State or Union Territory can have its Waqf Board.
According to the WAMSI portal, there are currently 32 Waqf Boards across 30 States and UTs.
These Boards act as the custodians of waqf properties and play a key role in their documentation, auditing, and dispute resolution.
