New Delhi, April 20, 2025: India's recently introduced Waqf (Amendment) Act, 2025 has sparked significant controversy, but the practice of waqf is far from unique to India. Waqf — the Islamic practice of dedicating assets for religious, educational, or charitable purposes — is a well-established tradition, governed by specific laws in several Muslim-majority countries. While the new law in India faces legal challenges in the Supreme Court, a comparison with similar regulations in countries like Saudi Arabia, Jordan, Qatar, and Turkey reveals substantial overlap in the provisions governing waqfs.

What Is a Waqf?

A waqf refers to a charitable endowment in Islam made in perpetuity, often for purposes such as the construction of mosques or funding education for the community. By Islamic law, waqf assets cannot be sold or used for purposes other than the one for which they were originally intended. In India, the Waqf Act has undergone multiple amendments since its first enactment during British rule in 1913. The Waqf (Amendment) Act, 2025 replaces the earlier 1995 version of the law and introduces several changes, such as allowing non-Muslims to be part of the management of waqfs, which is not typically seen in most Islamic countries.

How Are Waqfs Managed in Islamic Countries?

Countries with large Muslim populations, such as Saudi Arabia, Jordan, Qatar, Turkey, Oman, Iran, Pakistan, and Bangladesh, all have legal frameworks to govern waqfs. Some, like Saudi Arabia and Jordan, are particularly significant due to their roles as custodians of major Islamic sites. In Saudi Arabia, which oversees the two holiest cities of Mecca and Medina, the regulation of waqfs is tightly controlled. The Saudi law governing waqfs mirrors many aspects of India’s new legislation, except for one key difference: Saudi law does not permit non-Muslims to be involved in the management of waqfs. This contrasts with the Indian law, which allows non-Muslim participation. Jordan, also an important player in the Muslim world, regulates waqfs through its Islamic courts, in contrast to the regular courts in India. The Indian system was previously restricted to waqf tribunals with limited authority, but the new law allows more direct oversight and appeals.

Key Differences and Similarities

A key similarity between the new Indian law and those of other countries, such as Jordan, is the involvement of the judiciary in waqf matters. However, in Jordan, this is handled by specialized Islamic courts, while India’s system falls under its secular judicial framework. One major distinction in India’s law is the inclusion of non-Muslims in the administration of waqfs, something that is rare in most Islamic countries. While Turkey allows some non-Muslim involvement, this provision is not commonly found elsewhere. Additionally, countries like Iran and Oman have some provisions for non-Muslims to be included in the management of waqfs, though their roles are more limited.

Disadvantages in Representation

While some Muslim-majority countries allow limited involvement of non-Muslims, the Indian law stands out by providing specific representation for Muslims from disadvantaged groups, such as Shia, Sunni, Bohra, and other backward Muslim communities. This provision does not appear in countries like Kuwait, Qatar, Saudi Arabia, and UAE, where representation for marginalized Muslim groups in waqf bodies is absent.

Conclusion

As India grapples with the constitutional challenges to its new waqf law, it is clear that the management of waqfs is a complex and varied practice across the Muslim world. While there are similarities between India’s provisions and those of other countries, the inclusion of non-Muslims and marginalized Muslim communities in India’s system remains a unique feature. The outcome of ongoing legal proceedings will likely shape the future of waqf management in India, potentially setting a precedent for similar reforms in other countries.