Waqf, an Islamic institution of charitable endowments, is rooted in the idea of dedicating assets or property for the service of Allah and the benefit of the public. These properties, once declared as waqf, are entrusted to charitable causes and cannot be revoked, sold, or altered The proceeds from these assets are intended to fund essential public services, such as graveyards, mosques, madrasas, orphanages, hospitals, and educational institutions, serving the needs of all communities. However, the misuse and underutilisation of waqf properties in India have long been a subject of concern, with persistent allegations of corruption, mismanagement, and encroachment.
Uttar Pradesh (UP), with its vast holdings of waqf properties, presents a significant example of how this institution has been mismanaged. The Sunni Central Waqf Board in the state manages over 1.5 lakh properties, while the Shia Waqf Board handles more than 12,000 properties as of September 2022. Yet, despite these assets, the administration of these properties has been riddled with controversies. A fact-finding committee led by Syed Ejaz Abbas Naqi, in charge of the UP and Jharkhand Waqf boards, uncovered serious irregularities. For instance, it was alleged that a minister, Azam Khan, used his position to divert wagf funds into a private trust he founded. The report also pointed out inconsistencies in rent collection records and highlighted how both the Sunni and Shia Waqf Boards in UP were involved in illegally selling and transferring waqf properties. This ultimately led to a Central Bureau of Investigation (CBI) inquiry into the matter in 2019, spotlighting the extent of corruption. Dargah Baba Kapur’s Waqf property, sprawling over 550 villages on the border of UP and Madhya Pradesh, further illustrates the issues at hand. Despite the vastness of this endowment, none of the revenue generated from this land reaches the waqf board, leading to public frustration. In another instance, waqf land meant for burial purposes was sold to local politicians to build a mall, sparking outrage in the Muslim community. The situation in UP is far from isolated. Across India, waqf properties have been targeted by developers, politicians, bureaucrats, and the so-called “land mafia.” Despite waqf land being inalienable, many properties have been leased or sold at undervalued rates, with the proceeds filling the pockets of corrupt officials. Moreover, several state boards have been accused of selling wagf lands to private buyers in exchange for illegal kickbacks, driven by the increasing demand for real estate. As land becomes more valuable, waqf properties, which are intended for public welfare, become prime targets for corruption.
In August 2024, the Indian government introduced two bills, the Waqf (Amendment) Bill, 2024 and the Mussalman Wakf (Repeal) Bill, 2024, with the aim of streamlining wagf boards and ensuring more effective management of properties. One of the key amendments proposed is the mandatory registration of waqf properties, empowering district collectors to determine whether a property qualifies as waqf.
However, this provision could overburden the district collector’s office, potentially slowing down the registration process. Excessive Government intervention in regulating a private entity under the guise of transparency and accountability may erode the religious autonomy of Waqf boards Another controversial change is the removal of the requirement that a Waqf Board’s chief executive officer (CEO) must be a Muslim. Critics argue that such amendments infringe on the religious autonomy of waqf boards, as enshrined in Articles 25 and 26 of the Indian Constitution.
The issue of Waqf properties in India needs to be addressed urgently and objectively. While government intervention is necessary to curb corruption and encroachment, it must be balanced with the need to preserve the religious autonomy of waqf boards. By ensuring greater accountability and transparency, the income generated from these properties can be used to uplift the Muslim community- creating more burial grounds, schools, and colleges. The underutilisation and misuse of waqf properties is not only a betrayal of the charitable intentions behind these endowments but also a lost opportunity for social development. For waqf boards to function effectively, their operations need to be removed from political interference, and reforms must be implemented in good faith.
Only then can waqf properties truly serve the public good as they were intended.
-Resham Fatima,
International Relations
Jawaharlal Nehru University
