Waqf property immovable or movable assets endowed for religious, charitable, or benevolent purposes is considered irrevocable and inalienable. So, can wakf property be sold? Once the founder (waqif) dedicates property as waqf, it cannot be sold, transferred, mortgaged, or inherited, according to key tenets of Islamic law and the Waqf Act, 1995 (amended in 2013). Waqf properties are held perpetually for designated purposes and managed by appointed caretakers (mutawallis) under the supervision of State Waqf Boards and the Central Waqf Council.
Can a Waqf Property be Sold?
Usually, it cannot be sold. Nonetheless, in exceptional circumstances, sale or disposition of waqf property may be approved only if sanctioned by the relevant Waqf Board and/or with judicial permission and primarily when it serves the interest of safeguarding, preserving, or enhancing the waqf’s purpose.
As alternatives to outright sale, waqf properties can be leased or rented out, provided proceeds are utilised in accordance with the waqif’s original intent typically for the maintenance and development of the religious or charitable objective.
Unauthorised sales or misuse are legally prohibited and can be challenged before Waqf Tribunals empowered under the Waqf Act.
A rare case involved the sale of land belonging to an orphanage run under waqf, which was authorised by a Charity Commissioner in 2002 despite it being in contravention of the Waqf Act highlighting that exceptions do happen but must be backed by proper authority.
I hope this helps!
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Can Wakf Property be Sold?
akash
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2025-08-27T15:23:20+00:00 2025-08-27T15:23:25+00:00Comment
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