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UPSC CURRENT AFFAIRS – 05th April 2025

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Evolution of Waqf in India

Evolution of Waqf in India

Why in News?

  • The evolution of the Waqf system in India is being highlighted for its significance in religious, socio-economic, and political contexts across different historical periods—from the Delhi Sultanate to the British Raj.
  • Waqf has functioned not only as a charitable and religious endowment system but also as a means of political assertion, urban development, and cultural integration over several centuries.
Evolution of Waqf in India

Key Highlights

  • Waqf During the Delhi Sultanate (13th–16th centuries)
    • The earliest recorded Waqf in India was created in the late 12th century, when a ruler dedicated village revenue in Multan to support a mosque—symbolising both religious devotion and political dominance.
    • Waqf institutions proliferated under the Delhi Sultanate, with rulers and nobles endowing mosques, madrasas, khanqahs, and other public welfare facilities.
    • These institutions significantly contributed to urban development by funding the construction of tombs, water reservoirs, graveyards, sarais (rest houses), and roads.
    • Trustees (mutawallis) were appointed to manage Waqf properties, reflecting a structured administrative approach.
    • The reign of Iltutmish marked a notable expansion, with the construction of major structures like the Shamsi Masjid in Badayun through Waqf funding.
  • Waqf During the Mughal Period (16th–18th centuries)
    • The Mughal era saw further institutionalisation of Waqf. Large-scale endowments were created for the maintenance of monuments, most notably the Taj Mahal.
    • Waqf revenues from villages and markets were used to pay for ceremonial activities, salaries of caretakers, and religious commemorations.
    • Mughal emperors patronised Sufi shrines, showing the deep interlinkage between Waqf, religious institutions, and imperial legitimacy.
    • Waqf grants were also extended to non-Muslim beneficiaries, including Hindu priests, Sanskrit scholars, and temples, demonstrating religious inclusivity.
  • Waqf Under British Colonial Rule
    • Regulation XIX (1810 – Bengal): First regulation to supervise revenues from religious lands, applied equally to Hindus and Muslims.
    • Regulation VII (1817 – Madras): Similar supervision of endowments for temples, mosques, and public utilities.
    • Religious Endowments Act (1863): Ended direct British management of religious trusts; control given to local committees.
    • Charitable Endowments Act (1890): Introduced “Treasurer of Charitable Endowments” to manage trust properties.
    • Charitable and Religious Trusts Act (1920): Allowed public access to trust information and judicial oversight.

Waqf under British Rule

  • Abdul Fata Case (1894): Declared family waqfs invalid unless truly charitable; applied English legal principles (e.g., rule against perpetuities).
  • Mussalman Wakf Validating Act (1913): Legalized family waqfs (waqf-alal-aulad) with some charitable component. Advocated by M.A. Jinnah.

Mussalman Wakf Act (1923)

  • Required mutawallis to maintain accounts and publish waqf records.
  • Empowered civil courts for supervision but lacked an independent regulatory body.
  • Provincial amendments added region-specific improvements.

Post-Independence Developments

Wakf Act (1954)

  • Established State Waqf Boards for centralized management.
  • Repealed prior laws (1863, 1890, 1920, 1923) and pre-1954 state waqf laws.
  • Linked to managing evacuee properties left post-Partition.

Wakf (Amendment) Act (1984)

  • Strengthened Waqf Boards and created Waqf Tribunals.
  • Introduced committees and waqf commissioners for better oversight.
Evolution of Waqf in India_01

Important Concepts

  • Waqf is a perpetual charitable endowment under Islamic law, through which income or property is permanently dedicated for religious, educational, or social welfare purposes.
  • A khanqah is a Sufi religious retreat or hospice, supported by Waqf, that provides spiritual guidance and hospitality.
  • A madrasah is an Islamic educational institution, often funded by Waqf, where students receive both religious and secular instruction.
  • The Tareekh-e-Firauz Shahi is a Persian historical chronicle that records the creation, preservation, and expansion of Waqf institutions during the Delhi Sultanate.

Significance

  • The Waqf system has played a crucial role in public service delivery, including education, health care, religious activity, and urban development.
  • Waqf served as a tool of governance and legitimacy, helping rulers assert authority while fulfilling philanthropic objectives.
  • The inclusion of non-Muslim communities as Waqf beneficiaries reflects the pluralistic and syncretic traditions of Indian society.
  • The transformation of Waqf into a legally regulated institution under colonial rule shows how traditional systems adapted to modern administrative frameworks.

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