Abstract

‘Once a waqf, always a waqf’, this was the interpretation of the Supreme court in its 1998 judgement case no. 4372 SCR 398 given by justice Dr. Anand. What does waqf mean? Waqf means any property donated for charitable or for the purpose of humanity belongs to Allah. After a thorough survey if the waqf board declares a property to be waqf property then that decision is irreversible unless and until the board itself modifies it or makes any change in its verdict, the waqf is not restricted to religious places of worship, it also refers to assets, lands, buildings, leases, currency, etc. The concept of waqf in today’s modern day and age poses a question to the principle of natural justice, surprisingly such provisions do not exist in west Asian countries like Turkey, Sudan, Egypt and Saudi Arabia, in this research paper we will dig deeper into the waqf’s fundamentals, its history, its significance, its constitutional legality and we will also take a look at its loopholes. This research paper discusses the history and present of the waqf extensively from a neutral, logical and factual basis keeping aside political views from the entire topic. As the waqf today has important land holdings such as the Delhi high court, central vista project and more such 123 prime locations. The research paper will discuss the legitimacy of the bord on holding these assests and will go in depth of the constitutional and legal acceptance of the same.

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