Recognizing the Importance of Waqf in Islamic Tradition
Since more than a millennium ago, the concept of waqf, which refers to the endowment of movable or immovable property for the sake of religious or charitable purposes, has been an essential component of Muslim cultures.
The concept of a wakif, which originates from early Islamic teachings, refers to a donor who permanently dedicates assets with the intention of using such assets to serve religious purposes, such as constructing mosques, schools, or providing assistance to the less fortunate.
Waqf was considered by classical Islamic jurists to be a meritorious act (sadaqah jariyah), which means that it continues to provide spiritual blessings for the giver even after death. In accordance with the profound roots that Waqf organizations have in Islamic social ethics, they have provided support for education, healthcare, and social welfare across the Muslim world over the course of several centuries.
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The question of whether or not religious practice is essential
In Islamic jurisprudence, acts that are considered to be “essential” (uṣūl al-dīn) are accorded the highest level of protection. This implies that any interference from the state can be regarded as an infringement on the freedom of religion.
Although Waqf is supported by a significant amount of biblical and historical evidence, experts continue to discuss whether or not it is an essential practice. Considering that there is no particular verse in the Qur’an or Prophetic tradition that demands the establishment of Waqf in a formulaic fashion, there are some jurists who claim that Waqf continues to be a voluntary charity gesture rather than a ritual duty.
Some people believe that because Waqf plays such an important part in maintaining religious institutions and working to improve the welfare of the community, it should be considered an essential component of Muslim communal obligation. This clash in theological principles is the foundation of the ongoing legal argument.
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Provisions of the Waqf (Amendment) Act, 2025 That Are Principal
The Waqf Act, 1995 was subject to extensive revisions as a result of the Waqf (Amendment) Act, 2025. While Section 3 is responsible for the repeal of the Mussalman Wakf Act of 1923, Section 4 is responsible for renaming the current legislation as the United Waqf Management, Empowerment, Efficiency, and Development Act of 1995.
In Section 5, the definitions are updated to stipulate that the creation of a Waqf is restricted to persons who have been practicing Islam for a minimum of five years. Additionally, the notion of Waqf by user (waqf ʿalā al-istiʿmāl) is not included in this section.
The inclusion of members from a variety of religious groups is required by Section 6, which specifies that each Waqf Board must have at least two Muslim women on attendance. The Central Government is given the authority to establish regulations on registration, auditing, and accounting in Section 8.
It is prohibited for a Waqf-alal-aulad endowment to restrict inheritance rights to the heirs of the donor, including female heirs, according to Section 14, which ensures this prohibition. In conclusion, Section 34 creates a tribunal consisting of two members to handle Waqf issues. Appeals to the High Court are allowed within ninety days of the tribunal’s decision.
Legal Confrontations and the Review of the Supreme Court
A number of petitions contesting the constitutional validity of the Act were submitted to the Supreme Court of India shortly after its implementation on April 8, 2025 (Section 1), which was the day on which it was first implemented.
Those who submitted petitions, which included important Muslim MPs and religious organizations, complained that Sections 5 and 6 violate religious freedoms by limiting the individuals who are permitted to establish a Waqf and by modifying the makeup of boards. In response, the government stated that Waqf is not an essential Islamic practice and that the revisions are just intended to increase accountability and transparency.
The Solicitor General gave the Court the assurance that no Waqf properties will be denotified or transferred during the hearings that took place in May 2025. Additionally, the Solicitor General stated that new board nominations would be postponed until after May 5th 2525. The Supreme Court has decided to hold off on rendering a decision in order to determine whether or not constitutional safeguards of religious liberty may coexist with parliamentary reforms of voluntary religious endowments.
Relationships between Religious Perspectives and Legal Perspectives
A significant number of Islamic scholars consider Waqf to be a benevolent organization that is worthy of praise rather than a formal rite. It is emphasized that the Sharia allows donors a great deal of freedom and places a greater emphasis on the spirit of continuous donation than it does on the technical prerequisites.
When viewed from this perspective, administrative justice can be addressed without breaching doctrinal standards by mandating board diversity or establishing a minimum duration of religious practice. On the other hand, traditionalists hold the belief that limits imposed by the state on endowment structures should be avoided because they are concerned that government regulations could undermine the independence of religious law.
In their argument, they argue that once Waqf properties serve sacred purposes, civil authorities should observe classical doctrine and enable local Muslim communities to choose the scope of endowments and how they are managed.
Striking a Balance Between Reform and Religious Autonomy
The Waqf Amendment Act is an attempt to strike a balance between the requirements of modern administration and the respect for religious liberty. The Act aims to limit corruption and exploitation of large Waqf assets, which are estimated to be of more than ₹100,000 crore according to the 1995 Act.
This is accomplished by providing the Central Government with the authority to establish standards for audits and accounts. Redressing long-standing social injustices is the goal of requiring gender equality on boards of directors and providing clarity on inheritance rights.
However, others who are opposed to such policies claim that they run the risk of politicizing religious endowments and watering down community governance. In the continuing assessment being conducted by the Supreme Court, it will be determined whether or not the legislative monitoring of charity institutions that are voluntary can pass constitutional scrutiny. If it is successful, this might potentially set a precedent for the regulation of other religious endowments throughout communities.
Waqf, which embodies the principle of continuous charity, has been the foundation upon which Muslim religious and social life has been built for generations. By removing regulations that are no longer in effect (Section 3), amending definitions (Section 5), and strengthening accountability (Section 8), the Waqf (Amendment) Act, 2025 aims to make the governance of these endowments more open and inclusive.
Despite the fact that the state maintains that Waqf is not an important religious practice and that the changes will improve public welfare, many who oppose the reforms view them as an intrusion into matters connected to religion. The verdict that is currently being considered by the Supreme Court will be extremely important in determining the line between religious autonomy and secular law.
In the end, the issue lies in modernizing the management of the Waqf without compromising its hallowed nature and the important role it plays in Islamic tradition.
