INTRODUCTION
India is a country where people from many religions live together, and each community has the right to follow and spread its faith. Among the various religious practices, waqf holds special importance in Islam. A waqf is not only limited to mosques—it includes any property, movable or immovable, that is permanently given for religious or charitable work in the name of God. These properties are often used to fund schools, hospitals, and homes for the poor.
According to the Ministry of Minority Affairs, India has more than 4.9 lakh registered waqf properties spread over 6 lakh acres. These generate about ₹163 crores every year. However, there have been many problems in managing these properties—such as encroachment, poor administration, and even corruption.
The main law until now was the Waqf Act of 1995, which created State Waqf Boards and the Central Waqf Council to manage these properties.
This article will explain the meaning of waqf, its importance in Islam and Indian law, the earlier provisions of the Waqf Act, 1995, and the changes brought in by the 2025 Amendment. It will also highlight the goals of the new law and how it plans to bring more transparency and better control.
THE CONCEPT OF WAQF IN ISLAMIC AND INDIAN LAW
In Islamic law, waqf means giving away property permanently for religious or public benefit. It is a way to give up ownership so that the property can be used to help society, as taught in Islam.
According to Imam Abu Hanifa, the person who gives the property still owns it in name, but all the benefits must go towards good causes. Imam Abu Yusuf added that three things define a waqf:
- No personal rights – The donor gives up all control over it.
- Used for community – The property must help people through religion or charity.
MAIN FEATURES OF WAQF
- Permanent – The property is donated forever.
- Religious/Charitable Use – It must be used only for Islamic charitable or religious purposes.
TYPES OF WAQF
- Customary Waqf – Property used over time for religious/charitable use becomes waqf by tradition.
- Public Waqf – Meant to benefit everyone, like a mosque or school.
- Private Waqf (Waqf-alal-Aulad) – Benefits the donor’s family first, but also must serve a charitable purpose.
ESSENTIAL PARTS OF WAQF
- Waqif- A person who was the owner of the waqf property before it was transferred.
- Mutawalli- A person who manages the waqf property.
- Beneficiaries- For whose benefit waqf was made.
THE WAQF ACT, 1995 (BEFORE AMENDMENT)
The Waqf Act, 1954 was the first major law passed after independence to manage waqf properties. But because it couldn’t solve many problems, the government passed the Waqf Act, 1995, which brought several reforms.
It also introduced better systems for record-keeping, allowed the appointment of Chief Executive Officers at the state level, and aimed to bring in more accountability. However, even with this law, many issues remained:
- Poor records and lack of transparency
- Many legal fights over property ownership
- Widespread illegal occupation of waqf lands
- Some waqf bodies being linked with suspicious or radical groups
These serious problems showed that more reforms were needed. That is why the government brought in the Waqf Amendment Act, 2025.
THE WAQF AMENDMENT ACT, 2025: COMPREHENSIVE OVERVIEW OF PROVISIONS
The Waqf Amendment Act, 2025 was enacted with the stated objectives of reforming waqf governance, minimizing litigation, and enhancing transparency in the management of waqf properties. This legislative initiative was aimed at addressing persistent issues found in the Waqf Act of 1995 and the amendments introduced in 2013.
The Bill secured passage in the Lok Sabha on April 2, 2025, by a margin of 288 votes to 232, followed by approval in the Rajya Sabha on April 3, 2025, with 128 votes in favor and 95 against. It received the President’s assent on April 5, 2025, thereby becoming law.
This legislation introduces substantial changes to the regulatory landscape governing waqf properties.
Key Features of the Amendment
- Clarification Between Trust and Waqf The Act now clearly distinguishes between waqf and other trusts created under different legal frameworks by Muslim individuals. This ensures personal legal instruments like trusts remain distinct from waqf institutions.
- Digital Transformation in Waqf Management Emphasis is laid on leveraging digital technologies to improve record-keeping, administration, and public accessibility, ushering in a new era of e-governance in waqf affairs.
- National Waqf Management Portal A centralized digital portal will be launched to manage the complete life cycle of waqf properties—right from registration to financial audits, legal documentation, and dispute resolution mechanisms.
- Eligibility Criteria for Waqf Dedication Only individuals who have been practicing Islam continuously for a minimum of five years will be permitted to dedicate property as waqf under this Act.
- Ensuring Inheritance Rights for Women Before any waqf dedication is finalized, women’s rightful inheritance claims must be addressed. Provisions are made to prioritize the rights of widows, divorcees, and orphaned female dependents.
- Accountability in Property Management Mutawallis (caretakers of waqf properties) are required to input all relevant details of the properties they manage onto the central portal within six months, reinforcing transparency and traceability.
- Dispute Resolution Over Government Land In cases where waqf claims are made over government properties, the matter will be evaluated by a senior official, not below the rank of Collector, to ensure objectivity and prevent misuse.
- Reforms in Waqf Tribunals A more systematic and transparent process is introduced for appointing members to waqf tribunals, with defined tenure limits to improve the consistency and effectiveness of adjudication.
- Inclusion of Non-Muslims in Waqf Boards In a significant move, the Amendment provides for non-Muslim individuals to be included in both the Central and State Waqf Boards, promoting broader oversight and inclusivity.
- Reduced Financial Burden on Institutions The mandatory contribution from waqf institutions to waqf boards has been lowered from 7% to 5%, enabling greater allocation of resources toward public welfare and community development.
- Application of the Limitation Act the Limitation Act, 1963 is now applicable to waqf-related legal proceedings, intended to bring an end to prolonged and unresolved disputes.
- Mandatory Audits for High-Income Waqfs Waqf institutions earning more than ₹1 lakh annually will now be subject to state-appointed audits, ensuring financial discipline and regular accountability.
- Repeal of Section 40 The Amendment abolishes Section 40, which previously allowed waqf boards to claim any property as waqf with minimal procedural safeguards. This is intended to curtail arbitrary claims and protect legitimate property owners.
LEGAL AND CONSTITUTIONAL ANALYSIS OF THE WAQF AMENDMENT BILL, 2025
The Waqf Amendment Act, though designed for administrative reform, raises several critical constitutional concerns. These relate to the balance between state authority and religious autonomy, property rights, and the principle of secular governance.
1. Religious Freedom vs. State Regulation (Article 26)
Article 26 of the Indian Constitution guarantees the right of religious denominations to manage their own religious affairs, including the ownership and administration of property. While some regulatory oversight is justifiable in public interest, excessive state control—especially over waqf boards and their appointments—may conflict with the autonomy enshrined under this Article. The Amendment must therefore navigate the fine line between reform and overreach.
2. Secularism and State Neutrality
If the State is seen as disproportionately intervening in Muslim religious institutions without similar reforms for other communities, it risks undermining the constitutional ethos of equal treatment. The Amendment’s selective application may therefore prompt criticism of perceived religious bias.
3. Property Rights and Article 300A
Though no longer a fundamental right, Article 300A still protects citizens from deprivation of property except by lawful means. Since waqf properties represent communal assets held for charitable or religious purposes, any forced acquisition or reclassification without due process or fair compensation could amount to a constitutional violation. The Amendment must ensure all actions concerning property are legally justified and procedurally fair.
4. Natural Justice and Procedural Safeguards: Are They Missing?
Another serious concern is the absence of procedural fairness in some provisions. If the Amendment allows State authorities or Waqf Boards to take actions such as removing caretakers (Mutawallis), seizing property, or deciding disputes without giving affected parties a chance to present their case, it clearly violates these principles.
Due process is not just a legal formality — it’s a constitutional expectation. Any law that bypasses it is bound to face both legal and moral challenges.
5. Legal and Scholarly Critique: A Growing Unease
While no major PIL has yet challenged the 2025 Amendment, legal scholars, civil society groups, and community leaders have voiced strong concerns. Many argue that the amendment was passed without sufficient consultation with stakeholders. Others fear that giving too much power to the government over religious trusts sets a dangerous precedent.
A hypothetical yet realistic concern would be the takeover of prime Waqf land for “development” without proper dialogue or restitution. In such a case, not only would constitutional rights be at stake, but so would public trust in the fairness of lawmaking.
CONCLUSION
The Waqf Amendment Act, 2025 brings several important changes to the way waqf properties are managed and governed in India. While the intention behind the law seems to be improving transparency, reducing misuse, and protecting genuine religious endowments, it has also raised serious concerns regarding constitutional rights, especially the freedom to manage religious affairs. The Act touches many areas – from women’s rights to use of technology – which shows an effort to modernize the system. However, for the reform to truly benefit the community, it must strike a balance between good administration and respect for religious freedom. Going forward, it is important that the government listens to all stakeholders, ensures fair implementation, and keeps the core values of justice, equality, and religious autonomy in mind.
Author: Aftab Khan, a student of Government New Law College, Indore (Affiliation DAVV)
