A New Era for Indian Waqf Amendment

Author: Anushka Roy, The ICFAI University Dehradun

The Indian government has introduced the Waqf Amendment Act 2025, which proposes significant changes to the existing law governing Waqf properties. The main goal of this update is to bring transparency, accountability, and efficiency to the management of these properties.

Waqf properties have been a vital part of supporting Muslim communities in India, providing essential services and resources. However, the proposed changes have sparked discussions about their potential impact on traditional practices and the autonomy of Waqf institutions.

Some key questions arise: Will the new amendments respect the long-standing customs and practices associated with Waqf properties? How will they affect the independence and decision-making authority of Waqf boards? These are crucial concerns that need to be addressed to ensure the amendments achieve their intended purpose while being sensitive to the needs and traditions of the communities they serve.

Abstract:

The Waqf Amendment Act 2025 seeks to modernize the management of Waqf properties in India, aiming to enhance transparency and accountability. This proposed change has sparked discussions about its potential impact on traditional practices and the autonomy of Waqf institutions. As the government strives to balance reform with cultural sensitivity, the outcome will be crucial in determining the future of Waqf governance and its ability to serve Muslim communities effectively.

Use of legal jargon:

The Waqf Amendment Act 2025 has ignited a fierce discussion among legal professionals and those invested in the sector. Essentially, the Act aims to update the outdated Waqf Act of 1995, with the stated goal of bringing more openness and responsibility to how Waqf properties are managed.
At first glance, the Act appears to be a step towards reform. However, its implications and potential effects are being closely examined by experts and stakeholders. Some are questioning whether the proposed changes will truly achieve their intended objectives or if they might have unforeseen consequences.the Act appears to be a well-intentioned attempt to reform the Waqf sector. However, upon closer scrutiny, several provisions raise concerns about the potential infringement of constitutional rights, particularly the right to freedom of religion and the autonomy of Waqf Boards.One of the most contentious aspects of the Act is the ouster of the concept of “waqf by user,” which could potentially lead to the denotification of Waqf properties. This, in turn, may impinge upon the rights of Muslim communities to manage their own religious endowments.
Furthermore, the Act’s provisions regarding the composition of Waqf Boards and the role of the Collector in surveying Waqf properties have raised concerns about government overreach and the potential for bureaucratic interference in the management of Waqf properties.
In light of these concerns, it remains to be seen whether the Act will withstand judicial scrutiny. Will the courts uphold the Act’s provisions, or will they strike down certain sections as ultra vires? Only time will tell.
As the debate surrounding the Waqf Amendment Act 2025 continues, one thing is certain: the interpretation and implementation of this Act will have far-reaching consequences for the Waqf sector and the Muslim community in India.The Waqf Amendment Act 2025 inaugurates remarkable reforms to Waqf property management, emphasizing transparency and accountability. This legislative effort aims to optimize resource utilization for the benefit of the community. A key challenge lies in striking a balance between modernization and preserving cultural heritage, ensuring that reforms are both effective and respectful of tradition.

The proof:

The Waqf Amendment Act 2025 has triggered significant discussion and apprehension among diverse groups. Its main goal is to revamp Waqf property management in India, but critics warn of potential long-term impacts.

Some of the key concerns surrounding the Act include:

– One of the concerns surrounding the Waqf Amendment Act 2025 is that its provisions might lead to a loss of autonomy for Waqf Boards. This could undermine their ability to manage Waqf properties in an effective and independent manner, potentially impacting their overall functioning and decision-making processes.
– Regulatory oversight: While the Act aims to improve transparency and accountability, some argue that it may lead to excessive government interference in the management of Waqf properties.

Proponents of the Act argue that it will:

– Enhance transparency and accountability: The Act’s provisions aim to improve the management of Waqf properties and ensure that they are used for the benefit of the community.
– Promote efficient management: The Act’s reforms may lead to more efficient management of Waqf properties, which could benefit the community.

The debate surrounding the Waqf Amendment Act 2025 highlights the complexities and nuances of managing Waqf properties in India. As the Act moves forward, it will be crucial to address the concerns of various stakeholders and ensure that the reforms are implemented in a fair and transparent manner.

Legal Challenges to the Waqf Amendment Act 2025:

The Waqf Amendment Act 2025 has triggered a heated discussion and legal disputes in India. In case of   Asaduddin owaisi v UOI is current case of Supreme Court, where the constitutionality of the Act is being questioned. Some of the concerns raised include the requirement for individuals to have practiced Islam for at least five years to declare a waqf, which may infringe on religious freedom.

The Act also removes recognition for waqf established through long-term usage, which could impact properties that have been considered waqf for years. Additionally, The introduction of non-Muslim members to Waqf Boards has raised eyebrows, with some questioning whether this move might blur the lines between governance and religious autonomy. The debate centers around concerns that external involvement could influence the management of Waqf properties in ways that might not align with their original intent or the community’s wishes. The Act also grants district collectors the power to denotify waqf properties, which may shift control away from religious bodies.

The Supreme Court’s decision on this matter will be the most important  in determining the future of the Waqf Amendment Act 2025. After hearing arguments, the Court has reserved its interim orders and is awaiting further responses. The outcome of this case will be closely monitored, as it may have a significant impact on waqf management in India.

Case laws:

Hazi Abdul Ansari & Others v. Madhya Pradesh Waqf Board

In this case, a group of petitioners challenged the authority of the Madhya Pradesh Waqf Board to lease out agricultural land through auctions. Their argument was straightforward: they believed that only the mutawalli (the caretaker or manager of the waqf property) had the legal power to lease waqf land, not the Board itself.

In a contrasting perspective, the Madhya Pradesh High Court offered a distinct interpretation. The court pointed out that under the Waqf Act (especially after the 2014 amendments), both the mutawalli and the Waqf Board are legally empowered to lease waqf properties. The amendments were specifically designed to give the Board more administrative flexibility and oversight, including the right to lease properties directly if necessary.

Judgement:

The High Court ruled in favor of the Waqf Board, confirming that its decision to auction the lease rights to agricultural land was lawful. The court also emphasized that the Board’s role includes ensuring waqf properties are used effectively and in line with their intended purposes — which can include managing leases when needed.

Key Takeaway:

This judgment reinforced the legal authority of Waqf Boards to manage and lease waqf properties, especially when it’s done in the public interest or for better administration. It also clarified that such powers aren’t exclusively held by local caretakers (mutawallis), but can be exercised by the Board itself in accordance with the law.




Mohd. Ismail Ariff vs. Ahmad Moolla Dawood (1916)

In this landmark case, the court ruled that a waqf, once created, is irrevocable and inalienable. This means that once a property is dedicated to a waqf, it cannot be taken back or sold. The case highlighted the religious core of waqf properties and the importance of protecting them.

M.P. Wakf Board vs. Jabalpur Development Authority (2011)

This case involved a dispute over waqf properties in Jabalpur, Madhya Pradesh. The court ruled that while waqf properties are subject to public welfare regulations, any acquisition or use of these properties must follow fair procedure and provide due compensation. The case emphasized the need to balance regulatory oversight with the protection of waqf properties.

Azeez Basha vs. Union of India (1968)

In this case, the court clarified that while the State can regulate the administrative and secular activities of religious institutions, it cannot interfere with their religious functions. The case highlighted the importance of separating the secular and religious aspects of waqf management.

Ratilal Panachand Gandhi vs. State of Bombay (1954)

This case involved a challenge to the Bombay Public Trusts Act, which regulated the administration of religious trusts. The court held that the administration of endowments and religious institutions is a secular role that can be regulated by the State. However, the court also emphasized the importance of ensuring that such regulations do not interfere with the religious functions of these institutions.

These cases demonstrate the complexities and nuances of waqf law in India, highlighting the
need for a balance between regulatory oversight and protection of religious autonomy.

FAQS

Q: What is the Waqf Amendment Act 2025?
A: The Act aims to modernize and improve the management of Waqf properties in India, promoting transparency and accountability.

Q: What are the key changes?
A: The Act introduces changes such as including non-Muslim members in Waqf boards, removing ‘Waqf by user’ provisions, and requiring practicing Muslims to dedicate property to Waqf.

Q: How will Waqf properties be managed?
A: The Act enhances transparency by requiring registration of property details on a centralized portal and reduces bureaucratic delays.

Q: What about inheritance rights?
A: The Act protects inheritance rights by ensuring women and children receive their rightful share before property is declared as Waqf.

Q: Who determines property disputes?
A: A notable provision in the Act is that senior government officials will now be responsible for resolving property disputes, effectively replacing the existing Waqf tribunals that previously handled such matters.