In a landmark and historic judgment, the Gujarat High Court has clarified that Waqf will now be treated on par with other religious trusts. The court has ordered that the Waqf Board must pay the prescribed court fees in any property-related disputes, just like Hindu trusts.
The High Court observed that from a legal standpoint, no plaintiff is above due process of law. Therefore, rules applicable to other religious institutions will equally apply to Waqf. The exemption from paying court fees that existed until now due to lack of clear provisions in the old Waqf law will no longer be available. This High Court directive will apply uniformly to all, from small shrine administrators to large mosque operators.
This ruling will prove extremely significant in the management of Waqf properties and legal disputes related to them. Through this decision, the court has attempted to establish equality in legal procedures among all religious trusts.
What is Waqf?
Waqf is derived from the Arabic word ‘waqufa’, which means to stop or hold. From this comes ‘Waqf’, meaning ‘to preserve’. From a legal perspective, Waqf means ‘in Islam, when a person donates their property for religious purposes, it is called Waqf, i.e., endowment of property.’ This could be a small amount of money, property, precious metals, or a house, building, or land.
The property given in this donation is called ‘property of Allah’, and the person who donates their property to Waqf is called ‘Waqifa’. These properties donated by Waqifa or through Waqf cannot be sold and cannot be used for any purpose other than religion.
When Did the Waqf Tradition Begin in India?
The beginning of Waqf in India is said to have started with the advent of Islam. Its history is linked to the Delhi Sultanate period in the 12th century. After independence in India, the Waqf Act was first created in 1954, and subsequently, several amendments were made to this Act in 1995. A new Waqf law was then created, and many changes were made to it in 2013 as well.
After 2013, on August 8, 2024, a new Waqf Bill was introduced in the Lok Sabha by amending the Waqf law, which faced massive opposition across the country. Following the protests, the bill’s draft was prepared and sent to the Parliament’s JPC, where it was discussed. On January 27, 2025, the JPC approved the bill’s draft and accepted 14 suggested amendments.
Read More:Waqf Bill : Supreme Court Refuses To Put Blanket Suspension On Waqf Act
Following this, the JPC report was presented in Parliament on February 13, 2025. The amended Waqf Bill was approved in a Cabinet meeting on February 19, 2025, and now today, i.e., on February 2nd, this bill will be introduced in Parliament, where it will be debated for 8 hours before voting takes place.
Know How Much Property the Waqf Board Holds
In India, each state has a Waqf Board at the local level that manages Waqf properties. The Waqf Board owns approximately 9.4 lakh acres of land and 8.7 lakh properties. The total value of these properties is estimated at Rs 1.2 lakh crore, making it one of India’s largest landowners. Due to administrative errors and legal disputes by the Waqf Board, many Waqf properties have also ended up in court.
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