Waqf and Madrasa’s Education

Ahmed Raza

The recent passage and impending implementation of the Waqf (Amendment) Act, 2025 has sparked intense debate across India, particularly within the Muslim community. While the legislation claims to enhance governance, promote transparency, and improve administrative efficiency in the management of Waqf properties, it also raises serious concerns about its broader implications. Chief among these is its potential impact on Madrasa education, which is intricately tied to the Waqf system.

It is well established that Waqf boards manage a significant number of Madrasas across India. These religious institutions, rooted in Islamic charitable endowments, provide free education, meals, and sometimes boarding to underprivileged Muslim children. They serve not only religious but also socio-economic roles, offering education to many for whom formal schooling remains out of reach. The Government currently supports Waqf development and education through schemes like the Quami Waqf Board Taraqqiati Scheme (QWBTS) and the Shahari Waqf Sampatti Vikas Yojana (SWSVY), both implemented by the Central Waqf Council. These efforts are commendable and reflect the potential of government-community collaboration. However, the Waqf (Amendment) Act, 2025, by altering the power dynamics, threatens this equilibrium.

One of the major concerns with the amendment is the enhanced regulatory authority of the Centre over Waqf properties. This centralisation could result in Madrasas being brought under tighter bureaucratic scrutiny, reducing the role of Islamic trusts in their management. While the need for oversight is understandable, a blanket increase in central control without adequate consultation or representation from the affected community violates both the spirit and letter of the Constitution. Article 26 of the Constitution guarantees religious communities the right to manage their own affairs in matters of religion. Madrasas, being educational and religious institutions, fall squarely under this protection. The Supreme Court, in various judgments including Ratilal Panachand Gandhi v State of Bombay (1950), has upheld this autonomy, ruling that State intervention must be just, reasonable, and proportionate. The Waqf (Amendment) Act, however, gives District Magistrates adjudicatory authority over Waqf property disputes–an arrangement that bypasses judicial oversight and endangers the security of institutions housed in Waqf properties, including Madrasas.

Another major reform introduced by the Amendment is the inclusion of non-Muslim members in Waqf boards. While inclusivity is a laudable goal, its application in religious endowments must be handled sensitively. Waqf, by definition, is an Islamic institution grounded in Islamic jurisprudence. Allowing non-Muslim members in bodies overseeing such institutions, without requisite understanding of Islamic law or community trust, risks undermining the authenticity and religious character of the Waqf system.

It also sets a concerning precedent: if religious communities are not allowed to manage their own affairs, as enshrined in Articles 25 and 26, it creates an imbalance in the secular fabric of Indian democracy.

A particularly problematic clause in the Amendment requires a Muslim to practise Islam for five years before being eligible to make a Waqf donation. This is not only discriminatory but also contrary to Islamic teachings, where a person becomes a Muslim upon reciting the Kalma. Imposing an arbitrary time frame introduces religious gatekeeping, which could deter new converts from participating in charitable giving, thus reducing community contributions to institutions like Madrasas. Similarly, the ban on government properties being declared as Waqf may appear logical from a property rights standpoint, but it also introduces a narrative of suspicion around Waqf declarations. The vagueness of this provision could cast a shadow over legitimate Waqf endowments and fuel mistrust against community initiatives.

As per recent data from the Ministry of Minority Affairs, the literacy rate among Muslims stands at 79.5%, below the national average of 80.9%. Madarsas, though traditional in origin, play a critical role in bridging this gap by offering grassroots education, especially in underserved areas. Many Madarsas are now adopting modern curricula alongside religious teachings, in line with national education goals. However, if these institutions are subjected to excessive central control, bureaucratic bottlenecks, and diluted community representation, their ability to function effectively will be compromised. This could worsen educational disparities rather than addressing them, thereby undermining the constitutional mandate of Article 30, which guarantees minorities the right to establish and administer their own educational institutions.

No one disputes the importance of transparency and accountability in the management of Waqf properties. Indeed, misuse or under-utilisation of Waqf land has long plagued the system. However, reform must not come at the cost of religious freedom, community agency, and institutional integrity. The way forward lies in inclusive policymaking, where the Muslim community is actively engaged in discussions around Waqf reform. The government must ensure representation of Islamic scholars, educationists, and Waqf experts in all decision-making processes, rather than imposing top-down regulations. Judicial mechanisms, not administrative authorities, must resolve property disputes to maintain faith in constitutional governance.

The Waqf (Amendment) Act, 2025, if not re-examined with a balanced and constitutional lens, will have far-reaching consequences on Madrasa education and minority rights in India. What is required is reform through dialogue, not control through decree. Protecting the autonomy and sanctity of Waqf-run Madrasas is not just a legal necessity, but a moral imperative in a pluralistic nation. There is a need to consider these concerns seriously and to initiate consultative mechanisms with the stakeholders, including Waqf board members, religious scholars, and educationists, before the Act is fully operationalised. Only then can one truly modernise Waqf management without compromising the rights and dignity of the community it is meant to serve.

[Dr Ahmed Raza, is Assistant Professor, Department of Public Administration, MANUU (A Central University), Gachibowli, Hyderabad-500032]

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Frontier
Vol 57, No. 46, May 11 - 17, 2025