A waqf is, at its heart, a gift to God, a property dedicated in perpetuity for religious or charitable purposes. Scholars note that the concept of waqf, over 1,000 years old, shows striking parallels to the English idea of “trust”, possibly serving as its precursor. Since the 13th century, Muslims in India have created waqfs to build mosques, graveyards, schools, hospitals, and other community institutions. It is one of the oldest living forms of charitable trust in the subcontinent, and protected by law since 1954. This enduring tradition now faces its most far-reaching redefinition under the Waqf (Amendment) Act, 2025. Buried in the language of reform are clauses that have raised alarm and stirred controversy. Most contentiously, the Act states that anyone wishing to create a new waqf must have “practised Islam for at least five years”. Supporters argue this is meant to prevent misuse of endowments to defraud creditors. But India already has robust laws to address fraudulent transfers. So, what purpose does this clause truly serve?

Consider what this implies. It empowers the State to decide who is a “practising Muslim”, and to fix the retrospective term of that practice, a power the Constitution does........

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