‘Waqf’ – Origin, History, and How It Found A Place In India – All Your Questions Answered! News24 –

‘Waqf’ has been in the news for the past six months. The 1995 rule became controversial as it led to widespread land claims across India. In response, the government began reviewing the rule. Under its provisions, Waqf authorities started asserting ownership and taking possession of land, assuming it belonged to them. This led to the amendment and its passing in parliament. Now where did this name come from? how did it find roots in India. Here are all the queries answered.

Origin Of the Word ‘Waqf’

The Arabic word “waqfa” gives rise to the term Waqf, which means to stop, hold, or attach. Islamic law defines Waqf as the act of donating property for religious or social purposes. They believe that, by doing this, they spend the benefits from that property for public good. After a property is declared a Waqf, it is not possible to sell it, inherit it or transfer it to anyone. Waqf holds an important place in Islamic traditions. Waqf ensures long-term donations for religious institutions, educational organizations and welfare projects. The means is also considered to be a charity.

Waqf – The Structure And The Name

The wāqif is the founder who establishes the waqf, either through a written declaration or by verbally expressing their intent to dedicate the property. The beneficiaries, referred to as mawqūf ‘alayh, are those who benefit from the waqf. The mutawalli, or trustee, who is responsible for managing the waqf.

In Islamic Sharia law, believers dedicate Waqf properties to Allah, permanently transferring ownership and making it irrevocable. Since Allah is not a tangible entity, the Waqf itself or a competent authority appoints a ‘Mutawalli’ (custodian or manager) to oversee and administer the property. Once a property is designated as Waqf, the original owner (Waqif) relinquishes their rights, rendering the endowment permanent and unalterable.

History Of Waqf Law in India

In India, Islamic rulers and nobles in the pre-colonial era frequently endowed properties for religious and charitable purposes, establishing the foundation of Waqf law. The early years of the Delhi Sultanate mark the beginning of Waqf in the country. Sultan Muizuddin Sam Gaur donated two villages to the Jama Masjid of Multan and transferred its management to Sheikhul Islam.

With the flourishing of the Delhi Sultanate and subsequent Islamic dynasties in India, Waqf properties in India rose in number. In pre-colonial India, Hindus and Muslims followed their personal laws in family affairs while the judicial system was based on customs governing communities and different walks of life.

State Of Wakf Law after Independence

After India gained independence, the government introduced the Wakf Act in 1954 to regulate wakf properties. In 1995, it replaced the earlier act with a new Wakf Act, which remains in force today. This Act provided for compulsory survey at the state level to identify wakf properties, formation of state wakf boards and formation of Central Wakf Council.

A major amendment in 2013 further tightened these rules, providing for stringent measures to prevent illegal transfer of wakf properties.

Modi government has also brought amendments

The Waqf (Amendment) Bill was passed in the Lok Sabha at 2:30 pm after a 12-hour debate. The bill got 288 votes in favour and 232 votes against.