India’s recently amended Waqf law has stirred controversy. However, laws managing waqf properties exist in many Muslim-majority countries. These systems are not unique to India.

Waqfs Are Part of Islamic Tradition

Waqf refers to property donated for religious or charitable use in Islam. Donors usually give away land or buildings, and under Islamic law, no one can sell or repurpose these properties. Governments in several countries have created legal systems to manage waqfs. These rules ensure the proper use of such properties and prevent misuse.

India’s Amended Law Mirrors Global Practices

India’s updated legislation, called the Waqf (Amendment) Act, 2025, has faced legal challenges. Critics have questioned its constitutionality. The Supreme Court of India is now examining these concerns and has temporarily suspended parts of the law until the hearings continue in May. India’s new law shares similarities with waqf systems in countries like Saudi Arabia, Iran, Jordan, Turkey, UAE, Pakistan, Bangladesh, and more.

Long History of Waqf Laws in India

India has regulated waqf properties for over 100 years. The first waqf-related law appeared in 1913. Since then, India passed several updated versions — in 1923, 1954, 1995, and now 2025. Each version has tried to improve how waqf properties are managed, ensuring they remain protected and used only for the intended purposes.

Other Countries with Waqf Systems

Countries such as Saudi Arabia, Jordan, Iran, and Qatar also maintain waqf systems. These countries have dedicated departments to supervise religious properties. For example, Saudi Arabia manages Islam’s two holiest mosques in Mecca and Medina. Jordan oversees the Al-Aqsa mosque in Jerusalem — the third holiest site in Islam. Notably, Jordan’s royal family claims descent from the Prophet Muhammad.

According to a government report, India’s new law follows a system similar to Saudi Arabia’s. But unlike Saudi Arabia, which is an Islamic nation, India allows non-Muslims to participate in waqf boards. This reflects India’s identity as a secular democracy.

Courts and Waqf Disputes: A Key Difference

Under the revised law, India now allows regular courts to handle waqf disputes. Jordan also lets courts intervene, but it uses religious courts for such matters. Previously, India’s waqf tribunals had limited legal oversight. People could only file revision petitions, which focus on legal errors—not full appeals that look at facts and evidence.

India’s Inclusive Approach to Waqf Boards

One major difference in India’s law is its inclusivity. It allows non-Muslims to participate in managing waqf properties — a rare practice globally. Turkey has unclear rules on this issue. Only Iran and Oman offer limited roles to non-Muslims in waqf matters.

Additionally, India includes representatives from marginalized Muslim groups like Shias, Sunnis, Bohras, and Aghakhanis on waqf boards. Many Muslim-majority countries do not give such communities formal roles. Countries like Pakistan, Saudi Arabia, UAE, Bangladesh, and Bahrain do not have these inclusions.