The Confusion Around Waqf Remains Unresolved!

According to the Urdu dictionary, “Waqf” refers to property dedicated to Allah. However, in India, Waqf land has often been secretly usurped for private interests. This critical issue was not addressed in the parliamentary debate on April 2, 2025.

Going back to 1955, the Hyderabad government established the first Waqf Board. Just a year later, the Nehru government implemented the Central Waqf Act. However, the Congress government in Maharashtra dissolved this first Waqf Board by appointing the Aurangabad Divisional Commissioner as its administrator.

Origins of Waqf

The concept of Waqf originated during early Islam as a means to dedicate properties for religious and social purposes. Over time, Waqf institutions were established to promote community welfare.

A well-known story recounts that Caliph Umar once purchased land in Khyber and sought Prophet Muhammad’s advice on its best use. The Prophet suggested that the land should not be sold, gifted, or inherited, but its benefits should be used for public welfare. This practice led to the concept of Waqf, where the profits from a property are utilized for the greater good.

Historical Context of Waqf in India

The first Waqf property in India can be traced back to two villages donated by the invader Muhammad Ghori. After defeating Prithviraj Chauhan in the late 12th century, Ghori sought to strengthen his rule by supporting Muslim education and religious activities. He donated two villages to the Jama Masjid in Multan, marking one of the earliest instances of Waqf in India.

Over time, Hindu properties were also forcibly brought under Waqf control. Fortunately, Mukhtar Ansari and Atiq Ahmed’s illegally seized properties were never converted into Waqf lands.

Controversy Over Waqf in Delhi

On June 1, 2021, the Delhi High Court ruled that the ‘Central Vista’ redevelopment project would continue without interruption. However, Amanatullah Khan, Chairman of the Delhi Waqf Board and AAP MLA from Okhla, wrote a letter to Prime Minister Narendra Modi on June 4, 2021, requesting that mosques in the new capital redevelopment area be preserved.

In his letter, Khan demanded that:

• The Jabtaganj Mosque near India Gate’s water reservoir should not be demolished.

• The mosques near Krishi Bhawan and Rashtrapati Bhavan must be protected.

• The mosques on Sunehri Bagh Road, Red Cross Road (Sansad Marg), and Jama Masjid (Shahjahanwala, not the main Jama Masjid) should remain intact.

It is important to note that these mosques were not Waqf properties. A similar land ownership dispute arose when some Jat farmers from Haryana claimed rights over Raisina Hills (where Rashtrapati Bhavan stands today). On February 20, 2017, The Hindu newspaper reported that Mahabir, a Jat farmer, demanded that the President be evicted because his great-grandfather Kallu Jat had plowed the land at Raisina, followed by his son Natthu. However, in 1911, the British evicted them for the construction of New Delhi.

Amanatullah Khan’s Ultimatum

Khan issued a 10-day notice to the Government of India, stating that he did not wish to approach the court. This entire report was published in the left-leaning English daily ‘The Hindu’ (Chennai) on June 5, 2021, Page 3, Columns 4–6).

It is well known that several mosques in Delhi’s public gardens and traffic intersections were built without approved construction maps.

The Saudi Arabian Precedent

Religious Muslims must be made aware of the historical facts surrounding Waqf. In Mecca, over 150 old mosques were demolished by order of the Saudi King to accommodate Haj pilgrims with better housing, food, and facilities.

Mecca and Medina are Islam’s holiest pilgrimage sites. According to the ‘Saudi Gazette’, the government razed 126 mosques and 96 religious buildings as part of a $20 billion (₹1.4 trillion) redevelopment project. This reconstruction was necessary to allow Umrah and Hajj pilgrimages to take place simultaneously.

Even Ottoman-era marble structures near the Kaaba were removed to expand the Grand Mosque, benefiting millions of visitors. In 1985, 98% of Riyadh’s historical buildings were demolished to modernize the Saudi capital, much like New Delhi’s redevelopment efforts.

The Future of Waqf Under a Secular Constitution

Under India’s secular Constitution, religion-based property laws are invalid. However, many parliamentarians remain unaware of this legal reality. This ignorance could have long-term consequences for future generations.

(The author is a senior journalist.)