 "India now has a waqf law, how Islamic countries regulate such properties")
Even as the new federal law to govern waqfs has become controversial in India, neither the practice nor laws governing it are unique to India.
Waqfs are an established Islamic practice and provisions to govern them exist in several countries. Even as there is criticism for the new Indian law, the Waqf (Amendment) Act, 2025, several provisions of the Indian law match those of many Muslim-majority countries.
Currently, the Supreme Court is hearing a clutch of petitions that have challenged the constitutionality of the law. Until the next hearing of the case in May, certain provisions of the law have been put on hold.
Here is how waqfs are managed in some Muslim majority countries.
What is a ‘waqf’?
In simple terms, a ‘waqf’ refers to a charitable endowment in Islam in the name of God. Such endowments are made in perpetuity.
Such endowments are usually made for specific purposes, such as for the construction of the mosque or the education of the community’s children.
By custom (and by law in some cases), waqfs cannot be sold and cannot be used for purposes other than the specific purpose(s) they were created for.
In most countries with Muslim majorities or substantial Muslim population, there are laws and statutory bodies governing the dedication, management, and other aspect of waqfs. In India, the current law has replaced a previous law made in 1995 and amended in 2013. The 1995 law had replaced the previous law made in 1954 that had replaced the previous British-era law made in 1923. The first legal provisions were introduced in 1913.
How are waqfs managed in Islamic countries?
In several Islamic countries, laws exist to govern waqfs, such as in Saudi Arabia, Jordan, Qatar, Turkey, Oman, Iran, Kuwait, UAE, Bangladesh, Pakistan, and Bahrain.
The cases of Saudi Arabia and Jordan are important as Saudi Arabia is the custodian of the two most sacred Islamic sites in Mecca and Medina. It is also the birthplace of Islam. Jordan is the custodian of the third most sacred Islamic site, the Al-Aqsa mosque of Jerusalem. The royal family of Jordan also traces ancestry to Prophet Mohammed, the founder of Islam.
Impact Shorts
More ShortsAs per a factsheet published by the Indian government, there is near-overlap between the new waqf law in India and the law in Saudi Arabia (see graphic below). The only difference being that Saudi Arabia does not allow the inclusion of non-Muslims into the management of waqfs like the Indian law — understandably as Saudi Arabia is an Islamic country and not a secular country like India.
Similar to India’s new law, Jordan has a system where courts have jurisdiction over waqf-related matters. However, as Jordan is an Islamic country, the courts that oversee waqf-related matters are special religious courts and not regular courts.
On the contrary, under the previous Indian waqf law, the court’s authority on waqf matters was very limited and waqf tribunals’ decisions could only be challenged with a revision petition and not appeals in higher courts. In an appeal, the case is thoroughly reexamined whereas revision petitions only allow for the reexamination of procedural and jurisdictional issues, not the facts of the case.
One major difference in the management of waqfs and several other countries is the inclusion of non-Muslims in the management under the new Indian law. Except for some Islamic countries, such as Turkey, where non-Muslims may be allowed some roles in waqfs though the provisions appear to be vague regarding it, most of the countries do not have such provisions.
At least in some capacities, non-Muslims are also part of waqfs’ affairs in Iran and Oman.
The factsheet says that there are no provisions for representation of Muslims from socially disadvantaged or backward classes in waqf bodies in Kuwait, Qatar, UAE, Oman, Saudi Arabia, Pakistan, Turkey, Bangladesh, Bahrain, Iran, and Maldives. The new Indian waqf law allows representation from one member from Shia, Sunni, Bohra, Aghakhani, and other backward classes among Muslims.
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