Abstract

The institution of Waqf, a cornerstone of Islamic philanthropy, has long served as a vehicle for social welfare and community development. In India, however, the waqf system is marred by legal ambiguities, administrative inefficiencies, and constitutional conflicts, threatening its foundational objectives. This paper critically analyzes the Waqf Act, 1995 and its subsequent amendments, particularly focusing on the Waqf (Amendment) Bill, 2024, through the lens of constitutional principles such as equality, religious freedom, and property rights. Drawing from historical, legal, and comparative perspectives, it exposes the systemic flaws in waqf governance, ranging from unchecked powers of Waqf Boards and exclusion of civil court jurisdiction to widespread encroachment, corruption, and lack of transparency. The study further evaluates landmark judicial pronouncements and case studies from Indian states to underscore the real-world implications of these legal provisions. Drawing lessons from successful waqf management models in countries like Singapore and Malaysia, the paper advocates for a balanced approach that safeguards religious autonomy while ensuring legal accountability and administrative efficiency. It proposes a roadmap centered on digitization, independent audits, inclusive governance, and adoption of technological innovations to modernize waqf administration in India. Ultimately, the research emphasizes the need to align waqf practices with constitutional mandates and global best practices, thereby unlocking its socio-economic potential and fostering communal trust.

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