Excessive Reform

The Waqf Act has been amended under the declared intention of facilitating outreach to the marginalised, albeit under a strong majoritarian twist

- Dr. Syed Mahmood Akhter IS A FORMER IRS OFFICER WITH OVER 35 YEARS OF SERVICE. HIS CAREER SPANS TEACHING AND KEY ROLES IN THE MINISTRY OF MINORITY AFFAIRS, WHERE HE CONTRIBUTED TO THE WAKF ACT AMENDMENTS & MINORITY WELFARE

THE concept and practices of auqaf (the plural of waqf) are 1,400 years old. Its genesis lies in the times of the Prophet Muhammad (PBUH) or even earlier. Waqf derives its name from the Arabic word 'waqufa', meaning to hold, detain, or tie up.

Authenticated sources trace the story to the Caliph of Islam, Hazrat Umar (RA), requesting the Prophet of Islam (PBUH) to advise him on making pious use of a piece of land having links with Khyber in its vicinity. The Prophet advised him to make use of the land by way of charity for the poor and the underprivileged and affirmed that this piece of land shall not, under any circumstances, be sold, bought, gifted, inherited, or disposed of.

Thereby originated the concept of waqf, and over time, it clearly crystallised into the idea of the ownership and proprietorship of none other than Allah himself of the waqf properties—lands, immovable or movable. The mere mortals, in the name of mutawallis, were the custodians of the waqf property—never its owners.

On the management and the administrative side, the government of the day legislated and formulated different Waqf Acts—1913, 1924, 1954, 1995, 2013 (amendments of the Act), and finally 2025 (amendment of the Act).