India’s recently amended waqf law has stirred debate. However, both the concept of waqfs and the legal systems to manage them are common across several countries, especially those with Muslim majorities.
Waqf Practices Are Not Unique to India
Waqfs are part of Islamic tradition. Many countries have laws that regulate how waqf properties are created and managed. The Indian government’s new law — the Waqf (Amendment) Act, 2025 — has received pushback, but many of its rules resemble those in other Muslim-majority nations.
The Supreme Court of India is currently reviewing petitions that challenge the law’s constitutionality. Meanwhile, the court has put some sections of the law on hold until the case resumes in May.
What Is a Waqf and How Is It Regulated?
Waqfs refer to properties donated for religious or charitable purposes under Islamic law. Traditionally, these properties cannot be sold or used for other purposes. In many countries, including India, laws prevent such misuse and assign special authorities to manage waqfs.
India has had a legal framework for waqfs for over a century. The current law replaced earlier versions from 1995, 1954, and even a British-era law from 1923. The first formal waqf-related legal guidelines in India appeared in 1913.
Laws in Other Countries
Several Islamic nations have waqf laws, including Saudi Arabia, Jordan, Turkey, Qatar, Iran, Kuwait, UAE, Oman, Pakistan, Bangladesh, and Bahrain.
Saudi Arabia is a key example since it oversees the two holiest mosques in Mecca and Medina. Jordan, which manages the Al-Aqsa mosque in Jerusalem — Islam’s third most sacred site — also plays a major role. Jordan’s royal family traces its lineage to Prophet Mohammed.
According to a government factsheet, India’s new waqf law is closely aligned with Saudi Arabia’s system. However, a key difference is that Saudi Arabia does not include non-Muslims in waqf management. This is understandable, as Saudi Arabia is an Islamic state, while India is a secular democracy.
Court Oversight Differs Between Countries
Like India’s revised law, Jordan allows courts to handle waqf disputes. But Jordan uses religious courts, whereas India assigns regular courts jurisdiction under the new law.
In contrast, India’s older waqf law had limited court oversight. Under that system, decisions by waqf tribunals could only be challenged through revision petitions, not full appeals. Revision petitions focus on legal procedures, while appeals review the facts of the case as well.
India’s Unique Inclusion of Non-Muslims and Marginalized Muslims
One notable feature of the Indian law is the inclusion of non-Muslims in managing waqfs — a rare move globally. Most Muslim-majority countries don’t allow this. Turkey appears to have vague provisions on this, and Iran and Oman allow limited involvement of non-Muslims.
India’s law also includes members from backward Muslim communities — such as Shia, Sunni, Bohra, and Aghakhani — in waqf boards. By contrast, countries like Kuwait, Qatar, Saudi Arabia, UAE, Bahrain, Pakistan, and Bangladesh don’t offer formal representation to socially disadvantaged Muslim groups in their waqf institutions.
