A Waqf Board is a statutory institution established
to oversee and manage properties and assets (auqaf) dedicated to religious,
pious, or charitable purposes under Islamic law in India. The board operates
under the framework of the Waqf Act, with its history rooted in earlier laws
and tradition.
Meaning and Creation of Waqf
A waqf refers to a permanent dedication of property
by a Muslim (the wakif) for religious or charitable causes recognized by
Islamic law. The property, once dedicated, becomes indivisible and irrevocable,
meaning it cannot be gifted, sold, or inherited. Waqf can be created through
acts performed during a person’s lifetime, by a will effective at death, during
terminal illness, or even by immemorial usage. The property must wholly belong
to the dedicator and can only be transferred with genuine pious intent.
Structure and Functions of the Waqf Board
Every state (and certain Union Territories) in India
has formed its own Waqf Board according to the Waqf Act of 1995, amended in
2025 for greater transparency and better governance. The State Waqf Board
comprises elected and nominated Muslim members—such as legislators, bar council
members, scholars in Islamic theology, and senior government officials—led by a
chairperson. Boards are responsible for the registration, supervision,
protection, income collection, and dispute settlement related to waqf properties.
Some key responsibilities include:
- Managing waqf properties and maximizing their utility for public benefit.
- Preventing encroachment and misuse of waqf assets.
- Ensuring the income generated from waqf properties is used as intended.
- Conducting surveys and maintaining records of waqf properties.
The Wakf Act enables Boards to recover encroached
properties and take legal action where required. In states with a significant
Shia population, separate boards may be established for Sunni and Shia waqfs.
Central and Statutory Oversight
At the
national level, the Central Waqf Council advises the government and state
boards on general issues, policy, and best practices. The council helps
coordinate surveys, protects waqf interests, and ensures legal
compliance.SignificanceWaqf Boards play a crucial role in protecting community
interests, supporting religious and educational institutions, and upholding
social welfare for marginalized communities. They are unique in statutory
authority—they can acquire, hold, and transfer property but are insulated from
standard civil lawsuits concerning their actions as a board. Recent Reforms
Recent amendments, such as the Waqf Amendment Bill, 2025, emphasize enhancing
transparency, protecting waqf assets, and adopting global best practices for
administrative efficiency. These reforms aim to improve accountability and
governance in the management of India’s vast waqf resources.
In conclusion, waqf boards serve both as custodians
of charitable and religious trust properties and as instruments for advancing
community welfare and legal protections in India.
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