ABSTRACT
From an English law perspective, a typical waqf was a strange mixture of paradoxical features such as religious–secular and public–private. Lawyers and judges in India spent much time and energy in distinguishing these conflicting elements in Awqāf (endowments/charitable trusts). The classification of Awqāf, either as secular or religious and public or private, was at the heart of debates on their regulation by the state. Since huge lands were vested in Awqāf, the officials of the East India Company could hardly ignore them. Therefore, after their full assumption of charge as the diwan or tax collector of Bengal, Bihar and Orissa, the Company officials launched a survey of lands held in charity. 1 This was followed by a gradual resumption of proceedings aimed at recovering the state land held as rent-free grants. These included a large number of Awqāf.
