Historical Development of Waqf Governance in Bangladesh: Challenges and Prospects

Waqf is "the permanent endowment by a Muslim of any of his property for a purpose recognized by the Muslim Law as religious, pious or charitable." It played a prominent role in the socio-economic and cultural development of the Muslim society in Bengal. Although Waqf governance could not develop into an institutional shape during the Muslim rule in Bengal (1204-1757), yet, Waqf contribution was the driving force behind the enlightened educational and cultural development of the then Muslim society. Waqf governance started to be formulated legally in Bengal during the colonial era (1757-1947). The first laws were enforced in 1894 through the declaration of the Privy Council, in which family Waqf was made invalid. It was repealed by "The Mussalman Waqf Validating Act 1913", which was the first formal legal formulation to Waqf governance in British India including Bengal. Some changes were incorporated into it with 'the Bengal WaqfAct 1934'. After 1947, it was amended in Pakistan and renamed as "the East Pakistan Waqf Ordinance 1962". Since the independence of Bangladesh in 1971, the ordinance was still governing Waqf administration of Bangladesh with some amendments made in it by the several Ordinances and Acts of 1988, 1998 and 2013. Thus, Waqf governance in Bangladesh has gone through different phases. This paper aims at understanding different stages of the development of Waqf governance in Bangladesh with a view to identify its basic challenges and then recommend further development to get the best results from Waqf in the country for the development of the community and society at large.