The Waqf Amendment Bill in India is creating quite a buzz amid fierce debate in parliament after Minority Affairs Minister Kiren Rijiju tabled the contentious legislation on Wednesday (Apr 2). The opposition Congress party is accusing the ruling government of Bharatiya Janata Party (BJP) of defaming and disenfranchising minorities. The Waqf bill is aimed at amending the organisational structure and administration of Waqf boards, the key institution that manages properties bequeathed by Muslim individuals and institutions for use in Islamic charitable and religious purposes.

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In this context, it would be interesting to understand how various countries organise Waqf, which is assets tied perpetually to God.

What is waqf, and how is it administered?

 

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In broad terms, Waqf is part of Islamic jurisprudence and is about the charitable endowment systems that manage assets like land, buildings, cash and institutions dedicated for pious, or charitable purposes for Muslim communities.

Waqf management can be traced back to the Arab, Mughal and Ottoman eras in many countries, including India. 

Over the years, the management of waqf has been waxing and waning depending on the status of Muslims in various countries. Several historical and political developments have affected the conduct of waqf property, such as colonialism, dictatorships, secularism and communism in countries where Muslims live. Cultural and legal factors also often pose challenges to the management of waqf assets.

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How much power the various waqf bodies have, can vary by country. In India, waqf boards are legally allowed to claim properties, but things could change if the current legislation is passed.

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Most Muslim-majority countries, and some where they are a minority - like in India - have well-established norms on managing waqf assets. Special government bodies, religious panels or institutions have been created in various nations for managing waqf.

 

Waqf in India 

In India, the waqf system is managed under the Waqf Act of 1995, which was last amended in 2013. There are state waqf boards and a central Waqf Council.

The Central Waqf Council is a statutory body under the Ministry of Minority Affairs, acting as an advisory body to the Central Government on matters concerning Waqf Boards and the administration of 'Auqaf' or waqf assets. 

By way of property under management, India has one of the largest waqf systems globally, which is particularly notable for a country where Muslims are a minority.

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Waqf boards in India are among the largest urban landowners in several states. Together, they manage nearly 872,000 properties.

Waqf in Indonesia and Malaysia

Indonesia is a Muslim-majority country and has the largest Muslim population. Waqf is managed in the Southeast Asian nation by the Badan Wakaf Indonesia or the Indonesian Waqf Agency. Malaysia, another Muslim-majority Southeast Asian nation, has Islamic Religious Councils to manage waqf properties. 

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Waqf in Saudi Arabia

Saudi Arabia, the Custodian of Islam's two Holy Mosques in Mecca and Medina, established a waqf department in its government in 1966.  In 2016, Saudi Arabia set up  a General Authority for Awqaf or GAA  to administer waqf assets.

Waqf in Eqypt


Egypt has a Ministry of Awqaf that manages waqf properties. The waqf properties are integrated into religious, social and charitable work. 

Waqf in Singapore

Singapore, the Southeast Asian nation, is not a Muslim-majority country. Waqf properties in the city state are managed by the Islamic Religious Council.

Waqf in Iraq and Lebanon

Known for its Shia-Sunni divisions, Iraq has two main waqf systems. The Sunni Endowment Office and Shiite Endowment Office, established after 2003, are managing the waqf properties.

Lebanon is also a country with Sunni-Shia divisions. There are separate Sunni and Shia councils managing waqf. The war-torn nation of Syria also has an Awqaf ministry.

Waqf in Nigeria

Nations like Nigeria have established federal commissions to oversee waqf affairs, including Islamic trusts. The commission was introduced through The Companies and Allied Matters Act of 1990. It overseas various organisations, including Islamic trusts.

Waqf in Turkey

Turkey, another Muslim-majority nation, manages waqf property through the General Directorate of Foundations. This system traces its history back to Ottoman empire. The system was reformed after 1923 in the wake of the emergence of a secular administration. Members of Turkey's Foundations Council are appointed by the president, prime minister and representatives from foundations and the General Directorate of Waqf. 

Kuwait

The Kuwait Awqaf Public Foundation (KAPF) is a semi-independent body that oversees waqf operations. It is the highest authority when it comes to waqf-related matters. It functions under the Ministry of Awqaf and Islamic Affairs. 

Waqf in other countries

The Department of Awqaf and Islamic Affairs manages waqf endowments in Jordan. In Bangladesh, waqf is administered by the Waqf Administration under the religious affairs ministry.

The Awqaf and Minors Affairs Foundation in the United Arab Emirates is responsible for administering waqf in the Arab nation.

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Several countries with Muslim populations do not have well-established systems to manage waqf. In countries like US, Brazil, Japan and Germany, waqf systems are not formally established. In some cases, there are charitable endowments, trusts and foundations which manage waqf property.

Many countries that faced political changes or upheavals transferred waqf property management to the state. One example is Tunisia, the waqf system was secularised in the 1950s onward, thus weakening traditional waqf institutions.

Albania, which is a secular state with a Muslim-majority population, had its waqf properties nationalised during the communist rule of 1945 to 1991.