On August 8, 2024, the Government introduced the Waqf (Amendment) Bill, 2025 along with the Mussalman Wakf (Repeal) Bill, 2024 in the Lok Sabha as part of a legislative initiative to modernize the legal framework governing waqf properties and enhance the efficiency, transparency, and accountability of Waqf Boards.
The major objectives of the amendment include:
- To improve the administration of waqf properties by strengthening the legal framework and ensuring that waqf institutions function more effectively.
- To remove weaknesses in the earlier law by introducing reforms that make the management of waqf properties more transparent, accountable, and better regulated.
- To update important definitions under the Act so that the legal provisions are clearer and can be applied more consistently.
- To simplify and strengthen the registration process for waqf properties, ensuring that records are properly maintained and disputes arising from incomplete or inaccurate registration are reduced.
- To promote the use of technology in maintaining waqf records by encouraging digital documentation, electronic record-keeping, and improved data management for greater accuracy and accessibility.
- To enhance the efficiency and functioning of Waqf Boards by introducing measures that improve governance, supervision, and decision-making in the management of waqf properties.
- To ensure better protection and management of waqf assets so that the income and properties of waqfs are used only for the religious, charitable, educational, and social purposes for which they were created.
Key Provisions of the Waqf (Amendment) Act, 2025
1. Separation of Trusts from Waqf
The Act clearly distinguishes private trusts from waqf properties. A trust created by a Muslim under any other law will no longer be automatically treated as a waqf. This ensures that individuals who establish private trusts retain full legal ownership and control over their trust property unless it is specifically dedicated as a waqf.
2. Eligibility to Create a Waqf
The Act provides that only a person who has been practicing Islam for at least five years and who lawfully owns the property can dedicate it as a waqf. This aims to ensure that waqf dedication is made by persons who have a genuine connection with the faith and possess legal ownership over the property being dedicated.
3. Protection of Existing Registered Waqf Properties
Properties that are already registered with the Waqf Board will generally continue to remain registered as waqf properties. However, if a property is under dispute or is found to be government land, its status may be examined and decided according to the law.
4. Protection of Women’s Inheritance Rights
The Act strengthens the rights of women by ensuring that their lawful share in family property is protected before any property is dedicated as a waqf. It also gives special consideration to the interests of widows, divorced women, and orphaned children so that their legal rights are not adversely affected.
5. Removal of the Board’s Power to Unilaterally Declare Waqf Property
The Act removes Section 40 of the Waqf Act, 1995, which earlier empowered the Waqf Board to determine whether a property was waqf property. By removing this provision, the Act seeks to prevent unilateral or arbitrary declarations of property as waqf by the Board.
6. Reconstitution of Waqf Tribunals
The Act revises the composition of Waqf Tribunals. A Tribunal will consist of:
- a District Judge;
- a State Government officer of the rank of Joint Secretary or above; and
- an expert in Muslim law and jurisprudence.
This composition is intended to provide judicial, administrative, and legal expertise while deciding waqf disputes.
7. Right to Appeal to the High Court
Any person aggrieved by an order of the Waqf Tribunal may file an appeal before the concerned High Court within 90 days from the date of receiving the Tribunal’s order. This provides an additional judicial remedy against Tribunal decisions.
8. Investigation of Government Land Claims
Where government land is claimed as waqf property, the matter will be investigated by an officer not below the rank of Collector. This provision is intended to ensure that disputes involving government land are examined through an independent administrative process before any decision is made.
9. Reduction in Annual Contribution to Waqf Boards
The mandatory annual contribution payable by waqf institutions to the Waqf Board has been reduced from 7% to 5%. As a result, a larger portion of the waqf’s income can be utilized directly for religious, charitable, educational, and welfare activities.
10. Annual Audit Requirements
Every waqf institution having an annual income of more than ₹1 lakh must have its accounts audited by auditors appointed by the State Government. This provision promotes financial accountability, transparency, and proper utilization of waqf funds.
11. Use of Technology and Centralized Digital Portal
The Act introduces a centralized digital portal for maintaining records of waqf properties. The portal is intended to simplify property management, improve record-keeping, reduce disputes, and increase transparency in the administration of waqf assets.
12. Mandatory Registration by Mutawallis
Every Mutawalli is required to upload and register the details of waqf properties on the centralized digital portal. This helps create an accurate and updated database of waqf properties across the country.
13. Inclusive Representation in Waqf Boards
The Act broadens the composition of Waqf Boards by providing for:
- the inclusion of two non-Muslim members;
- at least two Muslim women members; and
- representation from different Muslim communities, including Shia, Sunni, Bohra, Aghakhani, and OBC Muslims.
The objective is to promote broader participation and more inclusive governance.
14. Application of the Limitation Act, 1963
The Act makes the Limitation Act, 1963 applicable to waqf property disputes. This means that claims relating to waqf properties must generally be filed within the legally prescribed limitation period. Applying limitation rules aims to reduce prolonged litigation, provide greater certainty in property disputes, and encourage timely resolution of legal claims.
Need for the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 was introduced to address several practical and legal issues that had arisen under the Waqf Act, 1995. According to the Government, the amendments were intended to improve the administration of waqf properties, increase transparency, reduce disputes, and strengthen accountability in waqf management.
The major reasons for introducing the Act are explained below:
1. Addressing Issues Related to the Permanent Nature of Waqf Property
Under the traditional principle of waqf law, once a property is validly dedicated as a waqf, it permanently remains a waqf and cannot ordinarily be revoked or converted back into private property. While this principle protects waqf assets, it has also led to complicated ownership disputes where the status of certain properties is contested.
For example, disputes relating to the ownership of land in Bet Dwarka, Gujarat, have raised questions regarding whether particular properties should be treated as waqf property or otherwise, resulting in prolonged legal proceedings.
2. Improving the Management of Waqf Properties
One of the major reasons for the amendment was the concern that the earlier legal framework had not been fully effective in preventing mismanagement, encroachments, and improper administration of waqf properties.
In several parts of the country, disputes have arisen regarding waqf properties, including agricultural land, public spaces, government land, graveyards, lakes, and other properties. The Government considered it necessary to introduce reforms aimed at improving governance, protecting waqf assets, and ensuring better supervision.
3. Strengthening Judicial Oversight
Under the Waqf Act, 1995, decisions of the Waqf Tribunal had limited avenues for challenge, which was viewed by many as restricting judicial scrutiny.
The amendment seeks to strengthen judicial oversight by allowing appeals against Tribunal decisions before the High Court, thereby providing an additional legal remedy and promoting greater transparency and fairness in the adjudication of waqf disputes.
4. Preventing Misuse of Statutory Powers
Another important reason for the amendment was the concern regarding the use of Section 40 of the Waqf Act, 1995, which empowered the Waqf Board to determine whether a property was waqf property.
According to the Government, this provision sometimes resulted in disputes where private individuals questioned the declaration of their properties as waqf. To reduce such controversies and provide greater legal certainty, the Act removed Section 40.
For instance, disputes in Kerala, where certain families challenged claims made over their ancestral lands, highlighted the need for clearer legal procedures in determining the status of disputed properties.
5. Promoting Transparency and Accountability
The amendment also aims to make the administration of waqf properties more transparent through:
- improved registration procedures;
- digital record-keeping;
- better financial oversight;
- regular audits; and
- clearer regulatory mechanisms.
These measures are intended to reduce administrative irregularities and ensure that waqf properties are managed efficiently for their intended religious, charitable, and social purposes.
Conclusion
The Waqf (Amendment) Act, 2025 was introduced with the objective of addressing legal ambiguities, improving the administration of waqf properties, strengthening judicial review, preventing misuse of statutory powers, and enhancing transparency and accountability in the management of waqf institutions. At the same time, many of these reforms have generated legal and constitutional debates, and several provisions of the Act continue to be examined before the courts.
Concerns Related to the Waqf (Amendment) Act, 2025
1. Increased Government Control over Waqf Administration
One of the biggest concerns raised by critics is that the Waqf (Amendment) Act, 2025 increases the role of the government in the management and regulation of Waqf properties. Earlier, State Waqf Boards had significant authority over identifying, supervising, and administering Waqf properties. Critics argue that the amendments reduce the independence of these Boards by giving greater powers to government authorities.
Another major concern is the deletion of Section 40 of the Waqf Act, 1995. Under the earlier law, the Waqf Board had the authority to decide whether a particular property was Waqf property after conducting an inquiry. After the amendment, this power has largely shifted to government officials or authorities designated by the government. Critics fear that this change may increase executive interference and reduce the autonomy of Waqf institutions.
2. Dilution of Muslim Representation in Waqf Boards
The amended Act permits the inclusion of non-Muslim members or officials in the administration of Waqf Boards in certain capacities. Critics argue that Waqf is an Islamic religious institution, and therefore its administration should primarily remain in the hands of the Muslim community.
According to them, this provision may conflict with Article 26 of the Constitution of India, which grants every religious denomination the right to manage its own religious affairs and institutions. They believe that allowing non-Muslim officials to participate in the management of Waqf properties could weaken the community’s control over its religious endowments.
3. Ambiguity in the Meaning of a “Practising Muslim”
The Act refers to the concept of a “practising Muslim” in certain contexts but does not clearly define what this term means.
This creates legal uncertainty because:
- Different Islamic schools of thought may have different interpretations of who qualifies as a practising Muslim.
- There is no uniform legal standard for determining religious practice.
- Government authorities and courts may interpret the term differently.
As a result, disputes may arise regarding eligibility to create a Waqf or exercise certain rights under the Act, leading to prolonged litigation.
4. Removal of the “Waqf by User” Principle
Under the earlier law, a property could be recognized as Waqf by user if it had been continuously used for religious or charitable purposes by the Muslim community for a long period, even without a formal Waqf deed.
The Waqf (Amendment) Act, 2025 removes this principle for future recognition.
Critics are concerned that:
- Many old mosques, graveyards, shrines, and charitable properties do not have formal documentary evidence because they were established centuries ago.
- Without the principle of Waqf by user, such properties may find it difficult to prove their Waqf status.
- This could lead to ownership disputes and increase the risk of some historically recognized Waqf properties losing legal protection.
Although existing registered Waqf properties may continue to enjoy protection under the law, critics believe that the removal of this doctrine could create uncertainty for many traditional religious and charitable properties.
Conclusion
Critics of the Waqf (Amendment) Act, 2025 argue that the amendments may reduce the autonomy of Waqf institutions, increase government involvement, weaken the Muslim community’s control over Waqf administration, create ambiguity regarding the concept of a practising Muslim, and make it more difficult for historically recognized Waqf properties to retain their legal status due to the removal of the “Waqf by user” doctrine. These concerns are likely to remain subjects of legal and constitutional debate.
Difference Between the Waqf Act, 1995 and the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 marks a major reform of the Waqf Act, 1995 by introducing important changes in the regulation and administration of Waqf properties. The amendments affect the formation of Waqf, the powers of Waqf Boards, surveys, tribunals, government oversight, and the overall governance framework. The following table provides a detailed comparison of the two laws.
| Category | Waqf Act, 1995 | Waqf (Amendment) Act, 2025 | Explanation |
|---|---|---|---|
| Name of the Act | Known as the Waqf Act, 1995. | Renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UMEED Act). | The amendment gives the Act a new name to reflect its stated objective of improving the management, transparency, efficiency, and development of Waqf properties. |
| Formation of Waqf | A Waqf could be created through declaration, long-term religious use (Waqf by User), or endowment, including Waqf-alal-aulad (family Waqf). | The concept of Waqf by User has been removed. A Waqf can now be created only through a valid declaration or endowment. Additionally, the person creating the Waqf must be a practising Muslim for at least five years, and the Waqf cannot be used to deprive female heirs of their lawful inheritance. | The amendment aims to ensure that Waqf properties are created through proper legal documentation. It also seeks to prevent misuse of Waqf for denying inheritance rights, especially those of women. |
| Government Property Declared as Waqf | The Act did not contain a clear provision regarding government land that was claimed as Waqf. | If any property is identified as government property, it will not be treated as Waqf property. Any dispute regarding ownership will be decided by the Collector, who will submit a report to the State Government. | The amendment attempts to prevent government land from being permanently classified as Waqf merely because of a claim, and places the initial decision-making authority with revenue officials. |
| Power to Determine Waqf Property | The State Waqf Board had the authority under Section 40 to determine whether a property was Waqf after conducting an inquiry. | This provision has been removed. The Waqf Board no longer has independent authority to declare a property as Waqf under the deleted Section 40. | The amendment shifts this responsibility away from the Waqf Board, reducing its adjudicatory powers and increasing the role of government authorities in such matters. |
| Survey of Waqf Properties | Surveys of Waqf properties were conducted by Survey Commissioners and Additional Survey Commissioners appointed under the Act. | The responsibility for conducting surveys has been transferred to the District Collector, who will carry out surveys according to the applicable State revenue laws. | The amendment integrates the survey process with the regular land revenue administration, replacing the earlier specialised survey mechanism. |
| Composition of the Central Waqf Council | All members of the Central Waqf Council were required to be Muslims, including at least two Muslim women. | The Council may now include two non-Muslim members. Members such as MPs, former judges, and eminent persons are not required to be Muslims. However, representatives of Muslim organisations, Islamic scholars, and Chairpersons of Waqf Boards must still be Muslims. At least two Muslim women must be included among the Muslim members. | The amendment broadens representation by allowing non-Muslim members in administrative positions while retaining Muslim representation in religious and community-specific roles. |
| Composition of State Waqf Boards | The Board included elected Muslim Members of Parliament, Members of the State Legislature, members of the Bar Council, and at least two women. | Members are now nominated by the State Government instead of being largely elected. The Board may include two non-Muslims, and representation has been specifically provided for Shia, Sunni, Backward Class Muslims, Bohra, and Agakhani communities. At least two Muslim women must be included. | The amendment changes the method of appointment from election to nomination and seeks to provide representation to different Muslim sects and communities while permitting limited non-Muslim participation. |
| Composition of the Waqf Tribunal | The Tribunal consisted of a judicial officer, an Additional District Magistrate, and a person having knowledge of Muslim law and jurisprudence. | The Muslim law expert has been removed. The Tribunal now consists of a District Court Judge (Chairperson) and a Joint Secretary-level officer of the State Government. | The amendment simplifies the Tribunal’s composition but removes the mandatory requirement of an expert in Islamic law, which has been criticised by some stakeholders. |
| Appeal Against Tribunal Orders | Tribunal decisions were generally final, and the High Court could interfere only in limited or exceptional circumstances. | Any aggrieved party may now file an appeal before the High Court within 90 days from the Tribunal’s order. | The amendment provides a clearer statutory right of appeal, thereby increasing judicial oversight over Tribunal decisions. |
| Powers of the Central Government | State Governments primarily supervised Waqf administration and could order audits of Waqf accounts. | The Central Government has been given broader rule-making powers regarding Waqf registration, maintenance of accounts, auditing procedures, and financial oversight, including audits by the Comptroller and Auditor General (CAG) or designated officers. | The amendment increases the role of the Central Government in establishing uniform standards for Waqf administration and financial accountability across the country. |
| Separate Waqf Boards for Different Sects | Separate Waqf Boards could be constituted only for Shia and Sunni communities where Shia Waqf properties constituted more than 15% of the total Waqf properties in the State. | In addition to Shia and Sunni Boards, the amendment also allows the establishment of separate Waqf Boards for the Bohra and Agakhani communities, where applicable. | The amendment recognises additional Muslim sects and enables them to have separate administrative bodies for managing their respective Waqf properties. |
Conclusion
The Waqf (Amendment) Act, 2025 aims to improve the management of Waqf properties by promoting transparency, accountability, efficient administration, and faster dispute resolution through legal and technological reforms. However, concerns remain regarding greater government control, reduced autonomy of Waqf Boards, representation of the Muslim community, and property rights. The detailed rules for implementing the Act are yet to be notified and are expected to clarify ambiguities and ensure its effective implementation.