Sanctity, Sovereignty, And Statutes: The Evolution And Erosion Of Waqf In India’s Legal Landscape
- IJLLR Journal
- Apr 30
- 2 min read
By Mahek Harichandan
ABSTRACT
The institution of Waqf, a fundamental component of Islamic charitable law, has evolved over centuries, adapting to socio-political changes while providing a means for communal welfare and spiritual growth. In India, the legal regulation of Waqf has undergone significant transformations, particularly through the Waqf Act of 1954, the Waqf (Amendment) Act of 1995, and the recent Waqf (Amendment) Act of 2025. This paper offers a comprehensive analysis of the history, development, and contemporary issues surrounding Waqf law in India, with a particular focus on the impact of the 2025 Amendment.
The paper delves into the historical, legal, and constitutional dimensions of Waqf in India, tracing its origins from Islamic jurisprudence to the present- day statutory framework governed by the Waqf Act. It analyses the legislative journey from the Waqf Act of 1913 through the reforms of 1954 and 1995, and the pivotal recommendations of the Sachar Committee in 2006. With a strong emphasis on the recent amendment and its controversial implications, the paper evaluates whether such reforms align with constitutional principles and judicial precedents. A comparative legal analysis with other Muslim-majority and secular jurisdictions adds international context. Drawing upon statutory provisions, landmark judgments, and scholarly discourse, the paper concludes with insights and suggestions for a more accountable, inclusive, and constitutionally sound Waqf governance system.
The paper traces the origins of Waqf, from its inception in Islamic jurisprudence to its formalisation under British colonial rule, culminating in its present-day legal framework. It provides an in-depth examination of the major legislative milestones, including the first Waqf Act of 1913 and its subsequent revisions. Special attention is given to the Waqf (Amendment) Act, 2025, which has generated significant controversy due to its provisions allowing for the de-notification of Waqf properties and greater state intervention, particularly in the acquisition of Waqf land for public interest projects. These developments are critiqued for undermining the autonomy of religious institutions, violating constitutional safeguards, and eroding judicial oversight.
