Waqf-by-user?
“Waqf-by-user” refers to properties or land that have been used continuously for Muslim religious or charitable purposes over a long period, and are thus considered waqf even if they lack formal registration or documentation as such. This concept has been recognized historically and legally in India, including under the Waqf Acts of 1954 and 1995, and is based on the principle that long-term usage implies dedication of the property as waqf, making it irrevocable and legally protected.
The Waqf (Amendment) Act, 2025, proposes to abolish the concept of waqf-by-user, requiring formal registration and documentation for waqf properties going forward. This change raises significant concerns because many waqf properties, including historic mosques dating back to the 14th and 15th centuries, do not have registered deeds and rely on the waqf-by-user doctrine for their status. Critics argue that removing waqf-by-user could lead to the de-notification of many genuine waqf properties, causing legal and social complications.
The Supreme Court of India has flagged this issue as a key aspect of the ongoing legal review of the Waqf Amendment Act. The Court noted the difficulty of registering waqf-by-user properties due to the lack of formal documents and expressed concern over the potential consequences if the waqf-by-user status is removed. The Court also acknowledged that while misuse of waqf-by-user status exists, there are legitimate waqf-by-user properties that must be protected.
Waqf-by-user: Land or property treated as waqf due to long-term religious or charitable use, even without formal registration.
Legal recognition: Historically accepted in Indian law and jurisprudence.
Amendment Act 2025: Seeks to abolish this concept, requiring formal documentation.
Concerns: Potential loss of waqf status for many properties, especially historic ones, and legal ambiguity.
Supreme Court stance: Recognizes the complexity and is reviewing the matter carefully, highlighting the importance of waqf-by-user in protecting waqf properties.
