Tabasum Rasool

Waqf is the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable. Making waqf is considered a virtuous act in Islam. As a result, Muslims established auqaf wherever they lived. Apart from agricultural, commercial and residential properties, waqf in India includes functional/non-functional mosques, darghās (tomb or shrine of Muslim saint), khanqahās (building or space for Sufi brotherhood), maqbaras (tombs), ashoor-khanās (mourning place for Shias), qabristāns (graveyards), idghās (space to offer Eid Prayer), imam-baras (space for prayers and gatherings for Shias), etc. With the passage of time, waqf endowments started playing an important role in shaping the religious, social, educational, cultural, economic and political aspects/institutions of Muslim societies. This voluntary institution of waqf supplemented the State in fulfilment of its obligations towards the provisions of public good. This interaction between the state and the waqf created ideological and legal intricacies that have shaped the present-day waqf legislations.

The law (Waqf Legislation) in India conceptualizes waqf as ‘the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable.’ The theoretical implication of creating a waqf suggests that the said property can never again change hands by inheritance, sale or seizure. The report on social, economic and educational status of Muslim community of India (2006) popularly known as “Sachar Committee Report” estimated that there are more than 4.9 lac registered waqfs in India. The total area under these properties is estimated at about six lac acres. Apart from agricultural, commercial and residential properties, waqf in India include functional/non-functional mosques, darghās (tomb or shrine of Muslim saint), khanqahās (building or space for Sufi brotherhood) maqbaras (tombs), ashoor-khanās (mourning place for Shias), qabristāns (graveyards), idghās (space to offer Eid Prayer), imam-baras (space for prayers and gatherings for Shias) etc. But due to political apathy, encroachment, poor governance and insensitiveness of society, it has not fully survived the test of its purpose. Auqāf is meant to create a welfare and just society- a society which does not leave anybody to die hungry and ignorant. This paper will investigate the problems of waqf administration in India with a focus on the functioning of state waqf boards.