Waqf Explained: History, Problems, and the New Law
The new Waqf Amendment Bill became controversial after protests and shocking property claims, raising questions about the Waqf system's history and power in India.
The central government recently passed the Waqf Amendment Bill in Parliament after a 12-hour-long discussion. But after the law was passed, protests started happening in many parts of India. Many leaders also filed petitions in the Supreme Court against the law. West Bengal CM Mamata Banerjee said she will not implement the law in her state.
Some protests in West Bengal even turned violent, causing deaths and injuries.
So why has this law become so controversial? And what is Waqf?
Before we explain, let’s first look at a shocking incident from 2022.
A farmer named Rajagopal from Thiruchenthurai village in Tamil Nadu wanted to sell his 1.2 acres of land to repay a loan. But when he went to the sub-registrar’s office, he was shocked to know that the land was not registered in his name. Official records showed that his land — and much of the village — belonged to the Tamil Nadu Waqf Board.
He was told he needed a No Objection Certificate (NOC) from the Waqf Board to sell his own land. Later, villagers found out that even the 400 acres of land belonging to their 1,500-year-old temple was marked as Waqf property.
Imagine living on your land for generations and then being told it’s not yours!
There are many such surprising Waqf property claims, including:
- Over 200 Central Govt properties in Delhi
- Humayun’s Tomb
- Taj Mahal
- Maha Kumbh Mela land
- Surat Municipal Corporation building
- Properties in Uttar Pradesh
- Two islands in Bet Dwarka
Even AIMIM leader Asaduddin Owaisi once claimed that Mukesh Ambani’s home Antilia is built on Waqf land.
Today, the Waqf Board is the third-largest landowner in India. It owns around 9.4 lakh acres of land across 8.7 lakh properties worth nearly ?1.2 lakh crore.
But what is Waqf? Where did it start?
Interestingly, the word ‘Waqf’ does not appear in the Quran.
In Islam, there is a concept called ‘Sadaqah-e-Jariyah’, meaning continuous charity. Prophet Muhammad encouraged giving land or money that would help others forever. For example, he gave a grove of 600 date trees to help the poor.
Another example is when Prophet Muhammad advised his companion Omer to keep his land permanently for helping others instead of selling or giving it away.
Over time, the Arabic word “Waqafa”, meaning "to stop or hold," started being used, and ‘Waqf’ was born.
Later, even non-Muslims could create Waqf properties, but they could only be used for Islamic purposes.
Many believe that the first Waqf was the Kaaba Sharif, built by Prophet Ibrahim and his son Ismail for worship.
In Islam, once something becomes Waqf, it cannot be sold, gifted, or passed on to children — it is for public good or religious use forever.
In the next part, we will see how Waqf came to India!
