The concept of waqf is a unique feature of the Islamic faith. A waqf, under Muslim law, is a permanent dedication of property for religious or charitable purposes, although provision is sometimes also made for the benefit of oneself, one’s children, and descendants (alal-aulad).
A well-known hadith is said to form the foundation of waqf: when Umar Ibn al-Khattab acquired a parcel of land in Khyber, he sought the Prophet’s advice on how best to utilize it. The Prophet advised him to make the property inalienable and to donate its profits for charity. Acting upon this, Umar declared that the property would neither be sold, gifted, nor inherited, and that its income should benefit the needy, travelers, and those seeking manumission. "Tie up the substance and give away the fruit," said the Prophet.
However, in the early years of Islam, the law of waqf suffered from considerable uncertainty. The rules regarding waqf evolved during the second century of Islam through ijma (consensus of the learned). Abu Hanifa, the most respected Islamic jurist, held that ownership in the waqf remained with the dedicator, while the usufruct was to be used for charitable or pious purposes. However, most other jurists held that waqf property is vested in God perpetually and irrevocably.
Even in family waqf (alal-aulad), the property is vested in God, as affirmed by the Supreme Court in Mohammed Ismail v. Thakur Sabir Ali (1962). Over time, waqf came to be described as a "dead hand" that hindered the progress of Muslim society. In 1925, Turkey found that three-fourths of its arable land was under waqf control. Many Muslim countries undertook waqf reforms, with arable land being divested from the waqf. Therefore, statutory regulation of waqf by the state does not constitute unconstitutional interference with the 'essential practices of religion' under Article 25 of the Constitution of India.
The First Wakif Who Defied the Sabbath
A Jewish rabbi named Mukhayriq is traditionally regarded as having established the first waqf in Islamic history. A scholar from Medina, Mukhayriq dedicated his seven date orchards to the Prophet Muhammad and the poor. The Prophet used this endowment to establish the first waqf. In the Battle of Uhud — one of Prophet Muhammad's major battles with the Meccans — Rabbi Mukhayriq died fighting alongside the Muslims. Thus, he is remembered as the first Jewish martyr in Islam.
The battle occurred on March 19, 625 CE, a Saturday. Mukhayriq urged his fellow Jews to join him in supporting Muhammad, but they declined because it was the Sabbath. Mukhayriq announced that if he died, his wealth should be given to Muhammad to be used for charity. His view was unorthodox — he likely believed Muhammad to be a Prophet of the One God. Perhaps he had already heard the Qur’anic verse: "Indeed, among the People of the Book are those who believe in God and in what was revealed to you and what was revealed to them. They are humble before God, and they do not sell the signs of God for a small price. They will have their reward with their Lord." (Surah Al Imran: 199).
Mukhayriq died in battle on that Sabbath. When the seriously wounded Prophet was informed of his death, he said, "He was the best of Jews." Muhammad inherited seven date gardens from him and used this wealth to set up the first waqf, benefiting many poor residents of Medina.
A Sikh Maharaja's Incredible Waqf
The Moorish Mosque in Kapurthala, Punjab, unveils a fascinating chapter in the story of Indian waqfs. Designed after the Grand Kutubiyya Mosque in Marrakesh, Morocco, it was commissioned by Maharaja Jagatjit Singh, the last ruler of Kapurthala, then known as the 'Mini Paris of Punjab'. The mosque, completed in 1930, was designed by French architect Monsieur M Manteaux, who also designed the Jagatjit Palace.
This mosque, reminiscent of structures in Morocco and Alhambra, was built by a Sikh Maharaja for his largely Muslim subjects, reflecting his vision of social harmony. When questioned by the British Viceroy about the large expenditure on its construction, the Maharaja replied: "Your Excellency may be unaware that 60 percent of my population comprises loyal Muslim subjects. It is only fitting that the best place of worship in my state be built for them."
These remarkable contributions by Rabbi Mukhayriq and Maharaja Jagatjit Singh demonstrate that non-Muslims have historically played important roles in waqf, both as contributors and beneficiaries. This underscores the legitimacy of including non-Muslims in waqf administration today. The new law also prioritizes gender equity, ensuring women and children receive their rightful inheritance before any property is declared as waqf, with special safeguards for widows, divorced women, and orphans.
"Hope" is the Thing with Feathers
Instances of mismanagement of waqf properties are numerous, and corruption by mutawallis (managers) is appalling. Though the ultimate beneficiaries of waqf are the poor and needy, they have seldom received due benefit from India's vast waqf assets. Rectifying this is the goal of the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 2025.
The Act introduces key reforms to enhance transparency, accountability, and efficiency. It allows for non-Muslim representation, streamlines administrative processes, and introduces financial reforms. One significant provision requires all mutawallis to register waqf property details on a centralized portal within six months, aiming to prevent unlawful alienation of waqf assets. The Act also reduces the mandatory contribution of waqfs to Waqf Boards from 7% to 5%, freeing up more funds for charitable activities. Waqf institutions with an annual income over ₹1 lakh will now undergo government-mandated audits, ensuring financial transparency.
Previously, the Wakf Act of 1995 gave waqfs overriding authority over other property laws, with Waqf Tribunals having exclusive jurisdiction. However, in L Chandra Kumar v. Union of India (1997), the Supreme Court ruled that tribunals cannot replace High Courts in exercising judicial review. The UMEED Act aligns with this by expanding litigants' rights and enhancing judicial scrutiny.
One major criticism of the Act is its elimination of the 'waqf-by-user' provision, which allowed properties to be designated as waqf based solely on long-standing religious use. However, the Act preserves the status of all such waqf properties registered before its enactment — except those currently in dispute with the government. This issue is now under the Supreme Court's review.
The Prophet of Islam said: "Religion is very easy, and whoever overburdens himself in his religion will not be able to continue in that way. So, you should not be extremists, but try to be near to perfection and receive the good tidings that you will be rewarded." (Sahih Bukhari 2:8).
May faithful believers of all religions commit themselves to this wisdom. Waqf in India must not become an apple of discord — it should be a matter of concord among various religious communities. Over the UMEED Act, politicians and community leaders must not push the Muslim community towards a "grammar of anarchy" — a phrase used by Dr BR Ambedkar in his final address to the Constituent Assembly in 1949 to caution against methods that subvert constitutional governance and foster chaos. Disputes must be settled through constitutional means, not through vandalism or rebellion.
(Faisal CK is Deputy Law Secretary to the Government of Kerala. Views are personal.)
