Did Waqf By-User Run Counter To The Regalian Doctrine?
Land ownership always bristles with problems and evokes strong emotions. The land dispute between Israel and Palestine harking back to 1947 tugs at the hearts of Jews, who till then were acknowledged as homeless at worst and diaspora at best. At the heart of the Indo-Pak animosity is once again land, with Pakistan refusing to acknowledge the treaty of accession with India signed by Maharaja Hari Singh. The Balkanisation of the USSR is still an unfinished story, with Russia laying claim to Ukrainian land, particularly those harbouring under its folds rare earths like lithium.
Within India, the Muslim community is doggedly clinging to the concept of Waqf formalised by the Waqf Act, 1995. A Waqf is the permanent, religious dedication of property in Islamic law for a charitable, pious, or public purpose, such as building a mosque, school, or hospital. Once dedicated, the property, whether movable or immovable, becomes inalienable, meaning it cannot be sold, gifted, inherited, or encumbered. The term originates from the Arabic word meaning "to hold", and the intent is to provide ongoing, perpetual benefit to the community. Waqf can be created by declaration or by user, which is now embroiled in a legal battle before the Apex Court in the form of a prayer to annul the United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995) on several grounds, with interference to the Islamic minority rights as the spearhead of revolt.
Following the collapse of the Ottoman Empire, the new Republic of Turkey nationalised and secularised waqf properties in 1924. The........





















Toi Staff
Gideon Levy
Tarik Cyril Amar
Sabine Sterk
Stefano Lusa
Mort Laitner
Mark Travers Ph.d
Ellen Ginsberg Simon
Gilles Touboul
John Nosta