The Evolution of Waqf in the Indian Subcontinent: From Delhi Sultanate to Modern Times

 


1. Introduction

Definition of Waqf in Islamic Jurisprudence

Waqf (وَقْف) is an essential institution in Islamic law, defined as the permanent dedication of property or wealth for religious, charitable, or public welfare purposes. In Islamic jurisprudence, Waqf is an irrevocable endowment made by a Muslim individual, ensuring that the asset remains intact while its benefits are used for the designated cause. The concept is derived from Islamic teachings, primarily the Quran and Hadith. The Prophet Muhammad ﷺ emphasized the virtues of endowments, as seen in the narration:

قال رسول الله ﷺ: إِذَا مَاتَ الإِنسَانُ انْقَطَعَ عَنْهُ عَمَلُهُ إِلاَّ مِنْ ثَلاَثٍ: صَدَقَةٌ جَارِيَةٌ، أَوْ عِلْمٌ يُنْتَفَعُ بِهِ، أَوْ وَلَدٌ صَالِحٌ يَدْعُو لَهُ
"When a person dies, his deeds come to an end except for three: Sadaqah Jariyah (a continuous charity), beneficial knowledge, or a righteous child who prays for him."
(Sahih Muslim, Hadith 1631)

A Waqf is often categorized into two types:

  1. Waqf Khayri – Dedicated to religious, educational, or charitable causes (e.g., mosques, schools, hospitals).

  2. Waqf Ahli (Family Waqf) – Established for the benefit of the donor’s family but eventually transitions to charity.

Importance of Waqf in Islamic Society

The institution of Waqf has historically played a crucial role in socio-economic development across the Muslim world, particularly in the Indian subcontinent. Some of its key contributions include:

  • Religious Role: Supporting the construction and maintenance of mosques, madrasas, and Sufi shrines.

  • Social Welfare: Providing food, shelter, and healthcare to the needy.

  • Educational Development: Funding universities, schools, and libraries (e.g., Aligarh Muslim University and Jamia Millia Islamia were initially supported by Waqf).

  • Economic Impact: Creating employment opportunities and funding public infrastructure like roads and water supply systems.

Overview of Waqf Evolution in the Indian Subcontinent

The institution of Waqf was introduced in India during the Delhi Sultanate (1206-1526) and expanded under the Mughals (1526-1857), who endowed vast amounts of land for religious and social purposes. During British colonial rule (1857-1947), Waqf institutions faced significant decline due to confiscation and legal restrictions. In the post-independence era, the governments of India, Pakistan, and Bangladesh enacted various laws to regulate and manage Waqf properties, but challenges such as corruption and mismanagement remain.

Objectives of the Article

This article aims to:

  • Trace the historical development of Waqf in the Indian subcontinent from the Delhi Sultanate to modern times.

  • Analyze the role of Waqf in religious, social, and economic spheres.

  • Examine colonial and post-colonial interventions in Waqf management.

  • Discuss contemporary challenges and propose reforms for the sustainable use of Waqf properties.

Through this analysis, we will gain a deeper understanding of how Waqf has shaped Muslim society in South Asia and what steps can be taken to restore its intended purpose in the modern era.

2. The Foundation of Waqf in the Delhi Sultanate (1206-1526)

The institution of Waqf in the Indian subcontinent was formally introduced and institutionalized during the Delhi Sultanate (1206-1526). The Sultans, influenced by Islamic governance principles, established and managed Waqf properties to support religious, educational, and charitable causes. This period saw the rise of Waqf as a significant tool for Islamic administration, enabling the establishment of mosques, madrasas, and social welfare institutions.


Introduction of Waqf under Early Muslim Rulers

The tradition of Waqf in India can be traced back to the early Muslim conquests, but it gained prominence under Qutb-ud-din Aibak (r. 1206-1210), the founder of the Delhi Sultanate. Inspired by Islamic teachings, subsequent rulers dedicated large portions of land and wealth to religious and social welfare. Waqf properties were primarily used to fund mosques, madrasas, Sufi khanqahs (lodges), hospitals (dar-ul-shifa), and caravanserais (sarai for travelers).

As a permanent charitable endowment, Waqf provided an autonomous financial structure for religious and educational institutions, ensuring that they remained functional independent of state taxation and revenue fluctuations.


Role of Sultans in Establishing Mosques, Madrasas, and Charitable Institutions

The Sultans of Delhi used Waqf as a means to legitimize their rule, strengthen Islamic institutions, and support scholars (ulama) and Sufi saints. Some key contributions include:

  • Iltutmish (r. 1211-1236) – Established Waqf endowments for the Qutb Minar complex and various mosques in Delhi. He also provided grants to the ulama and Sufis.

  • Alauddin Khalji (r. 1296-1316) – Funded educational institutions and imposed state control over Waqf revenues to regulate corruption.

  • Muhammad bin Tughlaq (r. 1325-1351) – Expanded Waqf properties to finance madrasas and hospitals.

  • Firoz Shah Tughlaq (r. 1351-1388) – One of the greatest patrons of Waqf in Indian history. He:

    • Built over 200 towns, 40 mosques, 30 madrasas, 100 caravanserais, and 50 hospitals using Waqf endowments.

    • Established the famous Dar-ul-Shifa (hospital) and Madarsa-e-Firoz Shahi in Delhi.

    • Introduced state-supervised Waqf to ensure that funds were used properly.


State Control vs. Private Waqf Institutions

During the Delhi Sultanate, Waqf properties were categorized into two types:

  1. State-controlled Waqf – These were administered by government-appointed officials, ensuring that funds were used for public welfare. However, some Sultans misused Waqf revenues for state expenses.

  2. Private Waqf – Wealthy individuals and nobles donated land and wealth to religious institutions. These private Waqfs were often managed by the mutawalli (caretaker), who oversaw their use.

The tension between state control and private administration led to several reforms to prevent corruption and misuse of funds.


Influence of Hanafi Jurisprudence on Waqf Administration

The legal foundation of Waqf in the Delhi Sultanate was based on Hanafi Fiqh, which was the dominant school of thought in the region. The Hanafi principles of Waqf administration included:

  • Permanence (Baqa') – Once a property was designated as Waqf, it could not be sold, inherited, or transferred.

  • Charitable Purpose (Khairi Sifat) – The endowment must benefit society, particularly religious and educational institutions.

  • Supervision (Wilayah) – The state had the right to oversee the management of large Waqf properties to prevent misuse.

The Qadis (Islamic judges) and Muhtasibs (market inspectors) played a crucial role in ensuring that Waqf properties were managed according to Islamic principles.

The foundation of Waqf during the Delhi Sultanate laid the groundwork for the institution’s expansion in later centuries. The Sultans strategically used Waqf to finance mosques, madrasas, hospitals, and public utilities, fostering Islamic scholarship and social welfare. However, the struggle between state control and private management of Waqf properties remained a recurring issue. The Hanafi legal framework ensured that Waqf institutions remained permanent and beneficial to society, a tradition that continued under the Mughals and later Muslim rulers in South Asia.

This period established Waqf as an integral part of Islamic governance in India, setting the stage for its growth and challenges in the Mughal and colonial eras.

3. Expansion of Waqf during the Mughal Era (1526-1857)

The Mughal era (1526-1857) marked the golden age of Waqf in the Indian subcontinent. The Mughal emperors, with their vast resources and strong commitment to Islamic institutions, played a crucial role in expanding and institutionalizing the Waqf system. This period saw large-scale endowments for mosques, shrines, madrasas, hospitals, and urban infrastructure, making Waqf a central component of governance and public welfare. However, towards the later Mughal period, declining state control and political instability led to the rise of private and family Waqf (Waqf Ahli), along with increasing legal disputes.


Royal Patronage and Expansion of Waqf Under Mughal Emperors

The Mughal emperors actively used Waqf to legitimize their rule, promote Islam, and support scholars and religious institutions. Some of the most notable contributions came from:

1. Emperor Akbar (r. 1556-1605)

  • Though known for his policy of religious tolerance, Akbar expanded Waqf endowments for mosques and madrasas.

  • He systematized Waqf records and introduced Mansabdari reforms, which indirectly affected Waqf administration.

  • Akbar granted lands to Sufi saints and scholars, strengthening the Waqf network.

2. Emperor Shah Jahan (r. 1628-1658)

  • Patronized grand architectural projects through Waqf, including:

    • Jama Masjid, Delhi – Funded and maintained through Waqf revenues.

    • Taj Mahal – Its adjoining mosque and guesthouse were declared Waqf properties, generating revenue for maintenance.

  • Increased Waqf endowments for hospitals and charitable kitchens (Langar Khanas) to feed the poor.

3. Emperor Aurangzeb (r. 1658-1707)

  • A devout ruler, Aurangzeb actively expanded Waqf for religious institutions.

  • Established madrasas (Islamic schools) and mosques across the empire, including:

    • The Badshahi Mosque (Lahore)

    • The Moti Masjid (Delhi)

  • Strengthened legal regulations to prevent misuse of Waqf assets.

  • Allocated Waqf lands to Ulama and Sufi orders to support religious teachings.


Development of Urban Waqf: Mosques, Shrines, and Educational Institutions

Urban centers flourished under the Mughals, with Waqf being a major contributor to city planning. The endowments facilitated:

  • Mosques: Major mosques like Fatehpur Sikri Mosque, Jama Masjid (Delhi), and Badshahi Mosque (Lahore) were sustained by Waqf properties, which generated revenue for their upkeep.

  • Shrines (Dargahs): Sufi shrines, such as the Ajmer Sharif Dargah (Khawaja Moinuddin Chishti) and the Haji Ali Dargah (Mumbai), received Waqf donations for their maintenance and community services.

  • Educational Institutions: Madrasas such as the Madarsa-i-Rahimiya (Delhi) were supported through Waqf endowments to promote Islamic scholarship.

  • Public Welfare Projects: Caravanserais (traveler inns), hospitals, and water supply systems were funded by Waqf for the benefit of the public.


Decline in Centralized Control and Rise of Family Waqf (Waqf Ahli)

As the Mughal Empire weakened after Aurangzeb’s death, centralized control over Waqf institutions declined. This led to:

  • Increased Corruption: Weak Mughal rulers could not effectively regulate Waqf properties, leading to misuse by caretakers (mutawallis).

  • Rise of Family Waqf (Waqf Ahli):

    • Nobles and wealthy individuals began dedicating Waqf properties for their families instead of public welfare.

    • This trend allowed them to protect wealth from state confiscation, while still maintaining religious legitimacy.

  • Encroachment and Seizure:

    • With declining Mughal power, Waqf lands were often seized by regional rulers and British colonial officers.

    • Some Waqf properties were converted into private estates instead of being used for charitable purposes.


Legal Reforms and Waqf Disputes in the Later Mughal Period

By the 18th and early 19th centuries, Waqf administration became a subject of legal disputes:

  1. Rise in Legal Conflicts:

    • Disputes emerged over inheritance rights, as some argued that family Waqf (Waqf Ahli) violated the traditional Islamic principle that Waqf should serve the public good.

    • The Ulama (Islamic scholars) debated whether such Waqfs were valid under Hanafi jurisprudence.

  2. Judicial Oversight:

    • Mughal courts and Qadis tried to regulate Waqf properties but lacked strong enforcement power.

    • Some rulers attempted reforms, but political instability made implementation difficult.

  3. British Colonial Influence (Early 19th Century):

    • By the early 1800s, the British East India Company began interfering in Waqf administration.

    • British courts questioned the legitimacy of certain Waqf endowments, setting the stage for colonial intervention and later legal restrictions.

The Mughal era was a period of great expansion for Waqf, with royal patronage supporting religious, educational, and social institutions. However, the later decline of the empire led to mismanagement, corruption, and legal conflicts over Waqf properties. The shift towards family Waqf (Waqf Ahli) further weakened the public benefit aspect of endowments. As the British colonial administration gained control, they introduced their own legal frameworks, which would eventually alter the traditional Waqf system in the Indian subcontinent.

4. Colonial Interventions and Decline of Waqf (1857-1947)

The British colonial rule (1857-1947) marked a period of significant decline for the Waqf system in the Indian subcontinent. After the fall of the Mughal Empire, the British administration systematically interfered with and regulated Islamic institutions, including Waqf, through legal and economic measures. These interventions led to the confiscation of Waqf lands, financial instability in religious institutions, and legal challenges that altered traditional Waqf administration. Despite these setbacks, Waqf continued to play a crucial role in Muslim socio-religious movements and the independence struggle.


British Policies Towards Islamic Institutions

The British colonial government viewed Islamic endowments as a threat to their control. Unlike the Mughals, who saw Waqf as a tool for public welfare, the British:

  • Imposed taxation on Waqf lands, reducing their financial viability.

  • Abolished royal patronage for mosques, madrasas, and Sufi shrines, which had historically relied on Waqf funding.

  • Questioned the legitimacy of Waqf institutions, often seizing properties under the pretext of legal disputes.

  • Weakened Islamic governance structures, replacing Qadi (Islamic judge) courts with British-controlled legal systems.

As a result, many religious and educational institutions suffered financial decline and mismanagement, affecting the broader Muslim community.


Regulation of Waqf Under British Legal System

The British introduced several laws that drastically changed Waqf administration:

  1. Waqf Validating Act of 1913

    • Before this Act, British courts often ruled family Waqfs (Waqf Ahli) invalid, arguing they violated Islamic law's charitable requirement.

    • The 1913 Act legally recognized family Waqf, allowing Muslims to dedicate property for their descendants while eventually benefiting charity.

    • This Act protected Waqf from British land seizures but also led to the rise of personal wealth protection rather than public welfare.

  2. Muslim Waqf Act of 1923

    • Required Waqf administrators (mutawallis) to submit financial reports, increasing state oversight.

    • Introduced penalties for mismanagement but failed to prevent corruption and encroachment.

  3. Waqf Validating Act of 1930

    • Further strengthened legal protection for family Waqfs.

    • Allowed Waqf properties to be exempt from inheritance disputes under British civil law.

    • However, it did not prevent continued government confiscation of Waqf lands.

While these Acts formalized Waqf administration, they also placed Waqf under colonial legal jurisdiction, reducing the autonomy that it enjoyed under Islamic rule.


Confiscation of Waqf Lands for Revenue Collection

One of the most damaging policies was the British confiscation of Waqf lands, which significantly weakened the financial strength of Islamic institutions:

  • Land Revenue System: Under the British Permanent Settlement System, many Waqf properties were reclassified as taxable lands, forcing institutions to pay heavy taxes.

  • Confiscation for Infrastructure Projects: Several Waqf lands were taken over for railway construction, government buildings, and military use.

  • Loss of Endowments: Waqf properties that once funded mosques, madrasas, and shrines were either sold or leased to non-Muslim landlords, cutting off their financial support.

These policies crippled the economic independence of Waqf institutions, forcing many to rely on private donations for survival.


Rise of Muslim Socio-Religious Movements and Their Reliance on Waqf

Despite colonial suppression, Waqf remained a crucial source of funding for Muslim educational and religious movements, which sought to preserve Islamic identity and education under British rule.

  1. Darul Uloom Deoband (1866)

    • Established in response to the decline of Islamic scholarship after 1857.

    • Heavily relied on Waqf donations to fund religious education.

    • Became a major center for Islamic revival and resistance to British influence.

  2. Aligarh Muslim University (1875)

    • Founded by Sir Syed Ahmad Khan to modernize Muslim education.

    • Waqf funds helped sustain its colleges, hostels, and scholarships for Muslim students.

  3. Nadwatul Ulama (1894)

    • Established as an alternative Islamic educational movement, partially funded through Waqf.

    • Played a key role in Muslim intellectual revival.

These institutions preserved Islamic education and identity, ensuring that Waqf continued to serve Muslim welfare despite British restrictions.


Role of Waqf in Independence Movements

As anti-colonial sentiments grew, Waqf institutions played a key role in supporting independence movements:

  1. Jamiat Ulema-e-Hind (1919)

    • Many scholars from Deoband used Waqf-funded madrasas to mobilize support against British rule.

    • Actively participated in the Non-Cooperation Movement (1920-22) with Mahatma Gandhi.

  2. Khilafat Movement (1919-1924)

    • Aimed at protecting the Ottoman Caliphate, with strong backing from Waqf-supported religious institutions.

    • Used Waqf-funded madrasas and mosques as centers for political activism.

  3. All India Muslim League (1906-1947)

    • Several Waqf properties were used to finance the Pakistan Movement.

    • Many Muslim scholars and leaders advocating for Pakistan were associated with Waqf institutions.

Thus, despite British efforts to restrict and dismantle Waqf, it remained a financial backbone for Islamic movements and played a crucial role in India’s political transformation.

The colonial period (1857-1947) saw a systematic decline of Waqf due to British legal and economic policies. While British laws (Waqf Acts of 1913 and 1930) provided some legal protections, they also restricted Waqf autonomy and facilitated land confiscation. The loss of Waqf resources weakened mosques, madrasas, and religious charities, forcing Islamic institutions to rely on community donations.

However, Waqf remained a pillar of resistance, funding Muslim educational reforms and independence movements. Institutions like Deoband, Aligarh, and Nadwa ensured that Waqf continued to serve Islamic scholarship and nationalistic aspirations.

As India, Pakistan, and Bangladesh emerged after 1947, each country took different approaches to reviving and regulating Waqf, shaping its role in modern South Asia.

5. Post-Independence Developments in India, Pakistan, and Bangladesh (1947-Present)

After gaining independence in 1947, India, Pakistan, and Bangladesh inherited a diverse and complex Waqf system that had been significantly weakened by British colonial interventions. Each country developed its own legal and administrative framework to manage Waqf properties, but challenges such as encroachment, corruption, and mismanagement continue to affect the effectiveness of Waqf institutions.


A. India

India, with one of the largest Waqf estates in the world, has taken various steps to regulate and manage Waqf properties. However, issues like bureaucratic inefficiency, illegal occupation, and mismanagement have hindered its full potential.

Formation of the Central Waqf Council (1964) and State Waqf Boards

To oversee Waqf administration, the Central Waqf Council (CWC) was established in 1964, under the Ministry of Minority Affairs. Its responsibilities include:

  • Advising the government on Waqf-related matters.

  • Monitoring the functioning of State Waqf Boards (SWBs).

  • Collecting and maintaining records of Waqf properties.

Each state has its own Waqf Board responsible for managing Waqf properties within its jurisdiction. The effectiveness of these boards, however, varies due to political interference and corruption.

Legal Framework: Waqf Act of 1954, Revised in 1995 and 2013

To regulate Waqf, the Indian government introduced the Waqf Act of 1954, which was later revised in 1995 and 2013. Key provisions include:

  • 1954 Act: Established State Waqf Boards to manage Waqf properties.

  • 1995 Amendment: Strengthened accountability mechanisms and improved property registration.

  • 2013 Amendment: Introduced digitization of records, penalties for illegal occupation, and improved governance structures.

Despite these legal measures, Waqf properties continue to be illegally occupied or mismanaged, affecting their ability to benefit Muslim communities.

Challenges: Encroachment, Corruption, and Mismanagement

  • Encroachment: A large portion of Waqf lands have been illegally occupied by private entities and even government agencies. According to a 2009 report, nearly 50% of Waqf lands in India are encroached upon.

  • Corruption: Some mutawallis (Waqf caretakers) and state officials have misused funds meant for charitable purposes.

  • Mismanagement: Lack of proper governance has led to financial losses and ineffective utilization of Waqf assets.

Recent Initiatives for Digitization and Reform

The Indian government has initiated several measures to modernize Waqf administration, including:

  • Digital Waqf Management System: Launched to map and document Waqf properties to prevent encroachment.

  • Waqf Development Scheme (2017): Aimed at utilizing Waqf assets for education, health, and economic upliftment of Muslims.

Despite these reforms, more transparency and stricter enforcement of laws are needed to unlock the full potential of Waqf properties in India.


B. Pakistan

In Pakistan, Waqf has been nationalized and brought under state control, mainly through the Auqaf Department, which manages mosques, shrines, and charitable endowments. While Waqf plays a key role in religious and educational funding, political interference and lack of transparency have hindered its effectiveness.

Nationalization of Waqf under Auqaf Department (1959)

  • In 1959, the West Pakistan Waqf Properties Ordinance brought all major Waqf properties under government control.

  • The Auqaf Department was established to manage Waqf properties, including mosques, shrines (dargahs), and madrasas.

  • The state collects revenue from Waqf properties and distributes funds for religious, educational, and social welfare projects.

Role of Waqf in Religious and Educational Institutions

  • Shrines (Dargahs): Many famous Sufi shrines, such as Data Darbar (Lahore) and Lal Shahbaz Qalandar (Sindh), are managed by the Auqaf Department, generating significant income.

  • Madrasa Funding: Some Islamic seminaries (madrasas) receive funding from Waqf endowments.

  • Charitable Projects: Waqf funds are used for orphanages, hospitals, and food distribution for the poor.

Challenges: Politicization, Lack of Transparency, and Sectarian Influences

  • Political Interference: Successive governments have used Waqf resources for political and personal gains rather than for community welfare.

  • Lack of Transparency: The Auqaf Department lacks accountability, leading to corruption in the management of Waqf assets.

  • Sectarian Divide: Some Waqf institutions have been accused of favoring certain sects, creating religious tensions.

Despite these issues, reforms in Waqf governance could help Pakistan utilize its endowments more effectively for public welfare.


C. Bangladesh

After gaining independence from Pakistan in 1971, Bangladesh faced significant challenges in managing Waqf properties due to political instability, corruption, and legal loopholes. However, Waqf remains an important source of funding for Islamic education, mosques, and charitable work.

Impact of Post-Independence Governance on Waqf Properties

  • Initially, many Waqf properties were mismanaged or illegally occupied due to weak governance.

  • The government established the Bangladesh Waqf Administration, but political instability and legal inefficiencies hindered effective management.

Role of Waqf in Islamic Education and Charitable Work

  • Madrasa System: Waqf provides financial support to thousands of madrasas, particularly Qawmi madrasas, which are independent of state control.

  • Mosque Funding: Many mosques in Bangladesh rely on Waqf donations for maintenance and salaries of Imams and Muftis.

  • Charitable Programs: Some Waqf endowments support poverty alleviation programs, hospitals, and orphanages.

Legal Issues and Reform Efforts

  • Weak Legal Framework: The Waqf Ordinance of 1984 attempted to regulate Waqf properties, but enforcement has been weak.

  • Corruption and Land Grabbing: Many Waqf properties have been illegally occupied by powerful individuals, reducing their benefit to society.

  • Reform Initiatives:

    • Government efforts to digitize Waqf records to prevent fraud.

    • Calls for greater community involvement in Waqf administration to ensure transparency.

Despite these challenges, Bangladesh has the potential to modernize its Waqf sector and use it for social and economic development.

The post-independence period has seen varied approaches to Waqf administration in India, Pakistan, and Bangladesh:

  • India has established legal protections but struggles with corruption and encroachment.

  • Pakistan has nationalized Waqf but suffers from politicization and lack of transparency.

  • Bangladesh has a weaker governance system, but Waqf remains crucial for Islamic education and social welfare.

To unlock the full potential of Waqf in South Asia, there is a need for reforms in governance, digitization of records, stronger legal enforcement, and increased transparency. If managed effectively, Waqf can serve as a powerful tool for economic development, education, and social welfare, benefiting Muslim communities across the region.

6. Contemporary Challenges and Future Prospects of Waqf in South Asia

Waqf in South Asia continues to be an essential Islamic institution, yet it faces numerous challenges that limit its full potential. While it has historically played a crucial role in religious, educational, and social welfare initiatives, contemporary issues such as land encroachment, corruption, and inefficient management have weakened its effectiveness. However, with modern reforms focusing on digitization, transparency, and economic development, Waqf has the potential to become a powerful tool for socio-economic upliftment in the region.


Challenges Facing Waqf in South Asia

1. Encroachment and Illegal Occupation of Waqf Lands

One of the biggest issues affecting Waqf properties in India, Pakistan, and Bangladesh is encroachment by:

  • Private individuals who illegally construct homes and businesses on Waqf lands.

  • Government agencies that repurpose Waqf properties for infrastructure projects.

  • Real estate developers who seize Waqf lands due to weak legal enforcement.

For example, in India, reports suggest that over 50% of Waqf properties have been illegally occupied. In Pakistan and Bangladesh, Waqf land is frequently used for commercial purposes without benefiting the intended charitable causes.

2. Lack of Efficient Management and Accountability

Many Waqf boards and institutions suffer from:

  • Bureaucratic inefficiency due to outdated administrative structures.

  • Corruption among Waqf managers (mutawallis) who misuse funds for personal gain.

  • Political interference that limits independent decision-making.

The lack of financial accountability leads to underutilization of Waqf assets, preventing them from being used for their intended social and religious purposes.

3. Limited Socio-Economic Impact

Despite having vast land holdings and assets, Waqf in South Asia has not been fully utilized for poverty alleviation, education, or healthcare. Some of the reasons include:

  • Misallocation of resources – Instead of funding welfare programs, some Waqf properties are used for private financial gain.

  • Weak investment policies – Unlike in Turkey, Malaysia, and the Middle East, where Waqf is integrated into modern economic projects, South Asian Waqf institutions lack sustainable business models.

As a result, Waqf remains underdeveloped as a financial and social tool in the region.


Future Prospects: Reforming Waqf for Socio-Economic Development

Despite these challenges, Waqf can be revitalized through modern reforms focusing on digitization, transparency, and economic empowerment.

1. Digitization of Waqf Records

Governments in India, Pakistan, and Bangladesh have started digitizing Waqf properties to prevent illegal occupation and improve transparency.

  • India’s Digital Waqf Management System aims to map and register Waqf lands.

  • Pakistan’s Auqaf Department is modernizing its record-keeping system.

  • Bangladesh has initiated Waqf database projects to improve governance.

2. Ensuring Transparency and Legal Protection

To enhance Waqf governance, there must be:

  • Strict legal enforcement to reclaim encroached properties.

  • Regular financial audits to prevent corruption.

  • Public disclosure of Waqf revenues and expenditures to build trust within the community.

3. Utilizing Waqf for Economic and Social Development

  • Affordable Housing: Waqf lands can be used to build low-cost housing for the poor.

  • Education and Healthcare: Revenue from Waqf properties should fund schools, scholarships, and hospitals.

  • Islamic Finance Integration: Countries like Malaysia and Turkey have successfully integrated Waqf with Islamic banking, creating sustainable income-generating projects.

4. Greater Community Involvement

  • Empowering local communities to participate in Waqf governance.

  • Encouraging private investment and partnerships in Waqf-based development projects.

  • Strengthening collaboration between Islamic scholars, economists, and policymakers to maximize Waqf's potential.

Waqf in South Asia remains a highly valuable but underutilized asset. If properly managed and reformed, it has the potential to:
✅ Provide affordable housing and healthcare.
✅ Strengthen Islamic education and charitable services.
✅ Support poverty alleviation and economic development.

By implementing modern governance practices, digital tracking, and community-driven initiatives, Waqf can once again become a powerful institution for social welfare and economic growth in South Asia.

7. Conclusion

The evolution of Waqf in the Indian subcontinent has undergone significant transformations across different historical periods. During the Delhi Sultanate (1206-1526) and Mughal era (1526-1857), Waqf flourished as an essential institution supporting mosques, madrasas, hospitals, and social welfare. However, under British colonial rule (1857-1947), Waqf lands were confiscated, mismanaged, and subjected to restrictive legal regulations, leading to a decline in their effectiveness. After independence, India, Pakistan, and Bangladesh developed distinct approaches to Waqf management, but challenges such as encroachment, corruption, and inefficiency continue to hinder its full potential.

In contemporary Islamic society, Waqf remains a vital institution with the ability to uplift communities through education, healthcare, poverty alleviation, and religious services. If managed effectively, Waqf can be an important tool for economic and social development, similar to successful models in Turkey, Malaysia, and the Gulf countries.

To ensure the sustainability and effectiveness of Waqf, urgent reforms are required. Governments must enforce legal protections, digitize Waqf records, increase transparency, and involve communities in governance. Additionally, integrating Waqf with Islamic finance and modern investment models can help generate sustainable revenue for public welfare.

By addressing these issues and embracing modern governance practices, Waqf can once again become a powerful force for social and economic empowerment, preserving its historical legacy while meeting the needs of contemporary Muslim societies.

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