In Tamil Nadu’s Tiruchirappalli district, 70-year-old farmer Rajagopal was preparing to sell his 1.2-acre land to fund his daughter’s wedding. He had cherished this dream for years—to see his daughter get married with grandeur and send her off with pride. But when he arrived at the sub-registrar’s office to complete the sale, his world was turned upside down.
Officials handed him a 20-page document, stating that the land he and his ancestors had cultivated for generations was not his own—it belonged to the Tamil Nadu Waqf Board.
For Rajagopal, this was nothing short of a nightmare. But the shock didn’t end there. It wasn’t just his land—his entire village, Tiruchenthurai, home to the 1,500-year-old Sundareswarar Temple, had also been declared Waqf property.
The villagers were left stunned, outraged, and fearful. The news spread like wildfire, igniting a nationwide debate over Waqf laws. But this was not an isolated incident. Eighteen other villages in the region had also been marked as Waqf property.
This led to pressing questions: What exactly is the Waqf Board? How did it come to control such vast amounts of land? The shocking truth is that the Waqf Board today owns 9.4 lakh acres of land, covering approximately 3,804 square kilometers—making it the third-largest landowner in India, after the Indian Railways and the Indian Army.
What started in the 12th century with the donation of just two villages has now grown into a massive empire. With increasing concerns and rising public outcry, the central government is now preparing to introduce a Waqf Amendment Bill.
So, let’s dive deep into this controversy—What is Waqf? How did it come to India? And why has it become such a hot-button issue today?
What is Waqf?
The term “Waqf” comes from the Arabic word “Waqafa,” which means to stop or to hold. In Islamic tradition, Waqf refers to property donated for public welfare, essentially making it a permanent endowment. Once a property is declared as Waqf, it cannot be sold, gifted, or inherited. The person who donates the property is called a “Waqif”.
A Waqif can also specify how the property or its income should be used. For example, if someone donates land and declares that its revenue should only be used for the education of orphaned children, then that condition must be followed.
The Origins of Waqf in Islam
The concept of Waqf dates back to the time of the Prophet Muhammad. One well-known story involves Caliph Umar, who acquired a piece of land in Khyber and asked the Prophet about the best way to utilize it. The Prophet advised him: “Hold it, bind it, and use its benefits for the welfare of the people.”
Similarly, one of the earliest examples of Waqf was a date-palm orchard in Medina with 600 trees, which was dedicated to generating income for the poor.
Waqf in India
The concept of Waqf entered India with the advent of Islam and has existed for centuries as an essential part of Islamic tradition. In India, Waqf properties are meant for public welfare and religious purposes and, like in Islamic law, cannot be sold, gifted, or passed down as inheritance.
The Origins of Waqf in India
The concept of Waqf in India is believed to have arrived with Islam, introduced by Arab traders in the 7th century. However, its formal implementation at a state level began in the 12th century with Muhammad Ghori. Over time, rulers like Qutb-ud-din Aibak, Iltutmish, the Mughal emperors, the British colonial administration, and even Muhammad Ali Jinnah in the 20th century (through the Muslim Waqf Act) played key roles in shaping its development.
Now, let’s take a deeper look at its history.
Muhammad Ghori and the Establishment of Waqf
The formal introduction of Waqf in India is often credited to Muhammad Ghori, the Afghan invader and ruler from the Ghor province of present-day Afghanistan. A Turkic ruler, Ghori, launched multiple invasions into India in the late 12th century. In 1175, he defeated the Ismaili rulers of Multan, and in 1192, he won the Second Battle of Tarain against Prithviraj Chauhan, seizing control of Delhi and large parts of North India.
But Ghori’s ambitions extended beyond mere territorial conquest. He aimed to strengthen Islamic institutions in the region.
According to historian Vipul Singh’s book, Interpreting Medieval India, and the Persian text Insha-e-Mehru by Aynul Mulk Multani, Ghori donated two villages to the Jama Masjid of Multan in 1185. The administration of these villages was entrusted to the Sheikh-ul-Islam, a title given to prominent Islamic scholars of the time.
This is considered the earliest recorded instance of Waqf in India.
The Evolution of Waqf in India: From Ghori to the British Era
Muhammad Ghori’s Initiative: The First Step Towards Waqf
Muhammad Ghori’s introduction of Waqf in India was primarily aimed at religious and community welfare, ensuring funds for the upkeep of mosques and the education of Muslims. While some leftist historians, such as Professor Irfan Habib, argue that Waqf existed at a personal level before Ghori, he is credited with giving it official state recognition.
What began with just two villages in Multan eventually expanded into millions of acres of Waqf land. Though Ghori died in 1206, his slave and general, Qutb-ud-din Aibak, continued his legacy.
Qutb-ud-din Aibak and the Foundation of the Delhi Sultanate
Following Ghori’s death, Qutb-ud-din Aibak became the first Sultan of the Delhi Sultanate in 1206 and ruled until 1210. While no official records directly mention his formal implementation of Waqf, Aibak took significant steps to promote Islamic traditions, indirectly strengthening the Waqf system.
He initiated the construction of the Qutub Minar and the Quwwat-ul-Islam Mosque in Delhi, both of which later became Waqf properties. According to historian Ziauddin Barani’s Tarikh-e-Firoz Shahi, rulers of that era frequently donated land for mosques and madrasas, further embedding Waqf into governance.
Though Aibak’s reign was brief, he laid the foundation for Islamic legal structures in India, paving the way for the systematic organization of Waqf. His successor and son-in-law, Iltutmish, took this initiative even further.
Iltutmish: The Architect of Organized Waqf
The third Sultan of Delhi, Shamsuddin Iltutmish (1211-1236), is often regarded as the first ruler to truly consolidate Islamic rule in India. He not only strengthened the Delhi Sultanate’s administration but also played a key role in formalizing Islamic laws and traditions, including Waqf.
Under Iltutmish’s reign, donations of land for mosques, madrasas, and other religious activities increased significantly. A prime example is the Shamsi Mosque in Badaun, built during his rule and designated as a Waqf property.
Historian Vipul Singh notes that Iltutmish introduced local committees, called Mutawallis, to manage Waqf properties. These committees were responsible for maintaining Waqf lands and ensuring that their revenues were used for public welfare.
Since most land was under the control of rulers, the Sultans themselves became the primary Waqifs (donors). Many of the mosques and madrasas built during Iltutmish’s reign were legally protected as Waqf properties, creating a structured system that future rulers followed.
According to scholar Amir Afaq Ahmad Faizi, two notable Waqf properties from this period are:
- Miran Mulhim’s tomb in Badaun
- Khwaja Majd al-Din’s shrine in Bilgram
Iltutmish’s institutionalization of Waqf laid the groundwork for subsequent rulers, including the Mughals, who significantly expanded its reach.
The Mughal Era (16th-17th Century): The Expansion of Waqf
The Mughal Empire took the Waqf system to new heights, incorporating it into state policies and governance.
Babur and Humayun
- Babur, the founder of the Mughal Empire (1526-1530), promoted Waqf by constructing mosques in Delhi, which later became Waqf properties.
- Humayun’s rule was politically unstable, yet he continued the tradition of Waqf donations.
Akbar (1556-1605): Institutionalizing Waqf
Akbar gave Waqf a broader structure, donating land for religious activities and public welfare.
- One of the most notable Waqf endowments during his reign was the Farangi Mahal in Lucknow, which became a major Islamic educational center.
- He also established laws to regulate Waqf properties.
Shah Jahan (1628-1658): The grand Waqf benefactor
Shah Jahan made some of the largest Waqf contributions in Mughal history:
- He dedicated 30 villages and an entire district (pargana) to fund the maintenance of the Taj Mahal.
- According to Amir Afaq Ahmad Faizi, this was one of the most significant examples of Waqf during the Mughal period.
- He also built Delhi’s Jama Masjid, which became a major Waqf property.
Aurangzeb (1658-1707): Strengthening religious Waqf
Aurangzeb expanded Waqf primarily for religious purposes, donating land for mosques and cemeteries across the empire.
How Waqf expanded under the Mughals
During the Mughal period, Waqf properties increased dramatically, fueled by:
- State-sponsored endowments by emperors
- Donations by wealthy individuals and landlords
- The spread of Islam in rural areas, leading to more land being set aside as Waqf
By the end of the Mughal era, Waqf was a deeply rooted institution in India, eventually catching the attention of British colonial authorities.
The British era: Waqf becomes a legal Institution
During British rule, Waqf transitioned from a community-driven practice to a regulated legal system. Before this, Waqf properties were managed informally, but the British sought to control and organize them through legislation.
The First legal recognition: Waqf Board formation (1913)
In 1913, the British government introduced the Mussalman Waqf Validating Act, marking the first official government recognition of Waqf properties. The Act aimed to regulate Waqf lands and prevent their misuse.
The Waqf Act of 1923: Legal framework for Waqf
On August 5, 1923, the Mussalman Waqf Act was passed, giving Waqf a formal legal foundation.
- This law mandated the registration of Waqf properties.
- It also created management boards, comprising both community leaders and government officials.
According to Professor Irfan Habib, during British rule, landlords and nawabs frequently donated their surplus land as Waqf properties. Although this practice existed for centuries, the British administration sought to regulate and formalize it.
By this period, Waqf no longer consisted solely of mosques and graveyards—it also included buildings, cash endowments, and other assets.
How Waqf evolved over centuries
From its humble beginnings in 12th-century Multan to becoming a massive institution under the Mughals and the British, Waqf has played a significant role in India’s religious, social, and economic landscape.
- Muhammad Ghori introduced the first recorded Waqf in India.
- Iltutmish institutionalized its management.
- The Mughals expanded Waqf on an unprecedented scale.
Jinnah’s Muslim Waqf Act: Origins and Impact
Why is Jinnah Associated with the Waqf Act?
The central government recently introduced the Waqf Amendment Bill in the Lok Sabha, sparking a heated debate between the ruling party and the opposition. During the discussion, BJP MP Nishikant Dubey brought up Muhammad Ali Jinnah’s role in the Waqf Act. In an interview, he claimed:
“Jinnah introduced the Muslim Waqf Act in 1911, and until 1954, it was referred to as ‘Jinnah Law.’ The existence of separate legal systems for Hindus and Muslims contributed to the partition of the country.”
But what exactly was Jinnah’s Muslim Waqf Act, and how did it come into existence?
Jinnah’s Role in the 1913 Waqf Act
In the early 20th century, Muhammad Ali Jinnah was a prominent leader in the Indian National Congress and a respected lawyer. At that time, his pro-Muslim stance was not as visible. However, between 1911 and 1913, Jinnah played a crucial role in the passage of the Muslim Waqf Validating Act, 1913, in the Imperial Legislative Council under British rule.
This Act was designed to resolve legal disputes related to Waqf properties and ensure their protection under Islamic law.
Why Was the 1913 Waqf Act Needed?
By the late 19th century, British courts, including the Privy Council, had questioned the legality of Waqf properties.
One of the most significant rulings came in 1894 in the Abdul Fata vs. Saidan case, where the Privy Council ruled that Waqf-alal-Aulad (family Waqf) was invalid under Islamic law. This decision alarmed the Muslim community, as family Waqf was a deeply rooted tradition.
To address this concern, Muslim leaders pressured the British government to pass a new law. Jinnah, then a member of the Imperial Legislative Council, strongly advocated for the cause.
- On March 7, 1911, the bill was introduced.
- After several amendments, it was finally passed in 1913 and officially came into effect on March 7, 1913.
- The primary goal of this law was to grant legal recognition to family Waqf properties and overturn the Privy Council’s ruling.
Was It Really Called ‘Jinnah Law’?
BJP MP Nishikant Dubey claimed that the 1913 Waqf Act was referred to as ‘Jinnah Law’ until 1954. However, historical records do not support this claim.
While Jinnah was instrumental in passing the Act, it was never officially named after him. Instead, it has always been known as the Muslim Waqf Validating Act, 1913. The association with Jinnah exists due to his strong advocacy for the law, but the term ‘Jinnah Law’ was never formally recognized.
Further Developments: The 1923 and 1954 Waqf Acts
- In 1923, the Muslim Waqf Act was passed, which focused on the management of Waqf properties.
- After India’s independence, the government introduced the Waqf Act of 1954 to streamline the administration of Waqf assets.
- Later, the Waqf Act was amended in 1995 and again in 2013 to further regulate and protect Waqf properties.
- Now, in 2025, another Waqf Amendment Bill is being proposed to update the existing laws.
The historical roots of Waqf in India
Waqf in India is not just linked to rulers—it dates back to the 7th century, when Arab traders brought Islam to South India. The Malabar region saw some of the earliest examples of Waqf properties, including mosques and cemeteries.
According to historian Satish Chandra’s book Medieval India, Waqf is mentioned in the Bahamani Sultanate’s interactions with the Vijayanagara Empire in the Deccan region.
Post-independence, Waqf laws were consolidated in 1954, revised in 1995 and 2013, and continue to be one of the largest land-holding institutions in India.
Today, the Waqf Board manages 9.4 lakh acres of land, making it the third-largest landowner in the country.
Expansion of Waqf and Rising Controversies
What started with just two villages has now expanded to 9.4 lakh acres, encompassing over 8.7 lakh properties. These include mosques, dargahs, cemeteries, and imambaras, which form a significant portion of Waqf assets.
However, with this expansion, controversies have also grown.
Historian Irfan Habib expresses concern:
“When a property has no clear owner, everyone claims ownership. This has happened with Waqf as well, leading to widespread misuse in many places.”
He also highlights doubts surrounding the recent amendment bill, with some fearing that the government might use it to take control of Waqf lands. According to him,
“Waqf was established for the welfare of society, and it should be managed with that same spirit.”
On the other hand, Maulana Khalid Rashid Firangi Mahali strongly refutes allegations of illegal encroachments on Waqf land:
“These accusations are baseless. Muslims have donated their lands voluntarily.”
He emphasizes the religious significance of Waqf:
“In Islam, Waqf is as important as Namaz and Hajj. It is a 1,400-year-old tradition.”
However, he also acknowledges that the intentions behind Waqf management have changed over time.
Today, the power of Waqf Boards and the disputes surrounding them pose a significant challenge for the government. Whether the proposed amendment will be effective remains to be seen, but for people like Rajgopal, their concerns and grievances continue to go unheard.
