A waqf is a permanent dedication of movable or immovable property by a Muslim for religious, pious, or charitable purposes recognized by Islamic law. Once declared as waqf, the property becomes inalienable—it cannot be sold, transferred, or inherited.
Later, the Mughals played a key role in expanding this system, where emperor Akbar formalized its administration, — and later his descendants like Shah Jahan donated vast lands for religious & social welfare purposes. This system continued through the British rule
but many waqf properties were mismanaged because there was no proper system to oversee them. Some laws were introduced, like the Mussalman Wakf Validating Acts,1913 to recognize & regulate these properties. However, weak enforcement led to land loss, misuse, & takeovers.
Then after independence, to protect waqf properties, the Indian govt passed the Waqf Act, 1954, which created State Waqf Boards to manage these assets. Later, the Waqf Act, 1995, set up the Central Waqf Council to ensure better oversight and governance.
But over the years, the waqf system quietly expanded its land holdings by over 21 lakh acres in just 12 years since 2013! Collectively, these boards oversee 872,321 immovable properties including mosques, madrasas, graveyards, and even commercial buildings across the country,
— making them India’s 3rd largest landowner after the Indian Railways and Defence. This raises an important question—how did Waqf’s land holdings grow so much? Was it purely through donations?
After several assessments, it seems this expansion might have more to do with legal loopholes, political backing, and unchecked authority than just donations. Now there are 3 main reasons for it.
No one—neither private individuals nor the govt—could challenge their decisions in court. In Tamil Nadu, 400 acres of land linking to the 1500-year-old Tiruchendur temple were declared Waqf property.
2.Silent land transfers at the state level Land is a state subject in India, so state govt can transfer land to anybody (including their state waqf boards). And this has been the case multiple times. For ex, in 2013, the then Delhi govt allocated 123 high-profile properties— in Delhi’s Lutyens’ Zone to the Waqf Board.
3.Historical claims Waqf properties in India go way back to the 12th century, with land donations from sultans, nobles, and Mughal rulers.
But here’s the catch—the modern waqf system hasn’t just inherited these properties; it has actively expanded its claims. In many cases, people who have been living on land for generations are suddenly told, “This belongs to waqf now.” And they have almost no legal way to fight.
Even govt and private lands have been quietly absorbed under the claim that they were historically part of waqf. For instance, in Karnataka, the Waqf Board declared 15,000 acres of farmland in Vijayapura, traditionally used by local farmers, as Waqf property.
Similarly, in Kerala, over 600 Christian families in Ernakulam district discovered that their ancestral land had been claimed by the Waqf Board. Now, what we need to understand is that the scale of land held by any non-governmental, religious body with unchecked authority
raises serious concerns for the country’s economic growth, infrastructure expansion, and land accessibility. Because waqf land cannot be repurposed, it remains underutilized.This creates massive land banks that cannot be used for:
– Public infrastructure projects (roads, hospitals, schools)
– Affordable housing and urban expansion
– Industrial zones and job-creating businesses.
When lakhs of acres of prime land are locked in a system that doesn’t prioritize economic growth, it chokes development.
And that’s why new amendments were passed yesterday, to streamline waqf property management.