The Waqf Act Explained: Everything You Need to Know

Post by: Layla Badr

The Waqf Act: Everything You Need to Know | Rights, Laws & Importance

If you've ever heard about religious endowments in Islam but never quite understood how they work in India, you're in the right place. The Waqf Act plays a big role in managing and protecting such religious assets. From ancient times to the modern legal system, Waqf has held spiritual, social, and financial importance. In this article, we’ll break it down in a way that’s easy to understand—even if you’re hearing about it for the first time.

What is Waqf?

Before we dive into the Waqf Act, let’s understand the word Waqf. In simple terms, Waqf (also spelled as Wakf) is a permanent dedication of movable or immovable property by a Muslim for a religious, pious, or charitable purpose.

For example:

• Donating land for a mosque

• Setting aside property to run a school or hospital

• Giving a shop for community welfare

Once a property is declared as Waqf, it cannot be sold, gifted, or inherited. It is meant to serve a greater good forever.

What is the Waqf Act?

The Waqf Act is a legislation passed by the Indian Parliament in 1995 to provide better management and supervision of Waqf properties across the country. It replaces the earlier Wakf Act of 1954.

The main goal of the Waqf Act is:

• To protect Waqf properties from misuse or illegal occupation

• To regulate how these properties are used

• To ensure they are serving the purpose for which they were dedicated

Key Features of the Waqf Act

Here are some major highlights of the Waqf Act you should know:

1. Establishment of Waqf Boards

Each state has its own Waqf Board, which is responsible for the administration of all Waqf properties in that state. These boards are legal bodies that can own, lease, and manage Waqf properties.

2. Registration of Waqf Properties

All Waqf properties must be registered with the Waqf Board. This ensures legal protection and transparency.

3. Mutawalli (Caretaker) Appointment

A Mutawalli is the person appointed to manage a specific Waqf property. Their role is like a manager or trustee. The board oversees their work and ensures the property is maintained well.

4. Protection from Encroachment

The Waqf Act has strict laws against encroachment. If any person illegally occupies a Waqf property, they can be penalized and removed.

5. Auditing and Reporting

Waqf Boards are required to audit their accounts regularly. This includes income from properties and how the funds are being used.

Why is the Waqf Act Important?

The Waqf Act isn’t just about property; it’s about preserving community values and religious heritage. Here's why it matters:

• Prevents misuse of religious donations and land

• Promotes transparency in property dealings

• Supports social welfare, like free education, health care, and food distribution through Waqf institutions

• Protects the rights of donors and ensures their contribution serves its original purpose

Common Issues Around Waqf and the Need for Reform

Despite the laws, several challenges still exist in the implementation of the Waqf Act:

• Encroachments by private or government entities

• Poor record-keeping

• Corruption or mismanagement within Waqf Boards

• Lack of awareness among the general public about Waqf rights

To address these problems, legal experts and community leaders have been calling for reforms to the Waqf Act, including digitization of records, stricter penalties for encroachment, and more community involvement in management.

Fun Fact: India Has One of the Largest Waqf Properties in the World

Did you know? India has over 6 lakh registered Waqf properties, including mosques, dargahs, schools, and hospitals. These are worth thousands of crores but are often under-utilized or neglected due to lack of proper management.

That’s why understanding and strengthening the Waqf Act is so important—not just for the Muslim community, but for the entire nation’s development.

Disclaimer

The content published on DXB News Network is for informational purposes only. While we strive to ensure accuracy and reliability, we do not make any guarantees regarding the completeness, timeliness, or validity of the information provided.

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