Under the general principles of Muslim law, a wakf can be made by

Under the general principles of Muslim law, any person of sound mind who has attained majority may dedicate property as wakf, and a non-Muslim may also do so provided the purpose is lawful under Muslim law; so a wakf can be made by "Both Hindu and Muslim". A statute may define its own narrower scope: the Waqf Act, 1995, as originally enacted, covered only dedications by a person professing Islam.

Current law: after the Waqf (Amendment) Act, 2025, section 3(r) of the Waqf Act, 1995 covers only a waqf made by a person showing or demonstrating that he is practising Islam for at least five years; in September 2025 the Supreme Court stayed that condition until rules are framed to verify it.