Author: HANSHIKA MOHAPATRA, a student at Xim University, Bhubaneswar, Odisha.
TO THE POINT
Comprehensive reforms have been introduced in the Waqf Act ( Amendment) 2025 with the goal of perfecting the administration and governance of Waqf institutions in India.The adaptations aim to ameliorate the system which can successfully contribute to social welfare while remaining true to its humanitarian and religious points. The new amendments bring translucency, fiscal sustainability, digital record- keeping, and stronger nonsupervisory monitoring to address long- standing challenges raised by the Waqf Act of 1995 similar as mismanagement, lack of responsibility, and underutilization of Waqf means.
In addition, the correction encourages community participation by adding the participation of women and marginalized people in Waqf operation bodies, thereby heightening republic and responsibility. Establishment of quick Waqf bars to resolve controversies expeditiously is another major element of the program, aimed at clearing the legal logjam that has historically impeded justice in Waqf matters. As per government directives, alongside religious purposes, Waqf parcels will now be employed more laboriously and effectively in social weal, healthcare, and education.
USE OF LEGAL JARGON
The Waqf Act of 1995 has a history of inadequate regulation, particularly in terms of asset operation and fiscal responsibility.
The Waqf( Amendment) Act of 2025 enacts a set of measures aimed at addressing these failings. crucial legal vittles include obligatory checkups Under the modified Section 9, Waqf boards must now conduct periodic fiscal checkups to insure that means are managed with due industriousness and in compliance with the public trust conception.
Digitization of records By establishing a centralized database, digital record- keeping seeks to ameliorate Waqf asset traceability and translucency.
Public-private hookups allow Waqf boards to join into business enterprises, diversifying income aqueducts and icing Waqf institutions’ long- term fiscal viability.
THE PROOF: CASE LAWS AND LEGAL PRECEDENT
Salem Muslim Burial Ground Protection Committee vs State of Tamil Nadu & Ors( 2023) 7 S.C.R. 388 The creation of a waqf can be inferred from the data and circumstances of a case, similar as long- term use of the property for religious or charitable where there’s no unequivocal fidelity, long- term use of the property as a waqf property for religious or humanitarian purposes can be inferred grounded on the data and circumstances.
It’s noted that there’s a lack of effective record-keeping and responsibility systems in the operation of Waqf parcels. So the new correction pushed the change to electronic recordkeeping and blockchain technology.
ABSTRACT
The entire conception of “ Waqf ” is for charitable and welfare purposes to the public, the core value grounded on the conception of Sadaqah-E-Jaariyah means endless power to Allah under Muslim law.
The new correction presented to break literal excesses anguishing India’s Waqf system, with a focus on responsibility, fiscal translucency, and asset operation. crucial correction factors include commanded fiscal checkups, record digitization, and heightened nonsupervisory control. These variations aim to contemporize Waqf governance, making it more transparent and financially sustainable while keeping its humanitarian ideal.
CONCLUSION
The rearmost variations to India’s Waqf Act represent a watershed moment in the country’s charity trust operation. These reforms are not only altering how Waqf estates are governed, but also creating a precedent for the future of philanthropy in India, by incorporating digital structure, icing lesser responsibility, and contemporizing fiscal oversight. These advancements more equip Waqf associations to serve their core end of upping marginalized people via education, healthcare, and social weal in the digital age, where openness and effectiveness are important. As India progresses toward a tech- enabled governance paradigm, the Waqf sector’s metamorphosis serves as an illustration of how traditional institutions can acclimatize and survive, guaranteeing their applicability and effect for unborn generations.
FAQ
- What were the primary issues related to the Waqf system before the most recent changes?
- Closure of access to information regarding properties.
- Insufficient recordkeeping and recordkeeping.
- Restrained growth in property boundaries accompanied by ongoing legal disputes.
- Fragmentation of financial evaluations that were chronically irregular.
- Lack of voluntary involvement from the population along with obsolete practices of governance
- In what ways does digitization change the management of Waqf properties?
Through the use of technology, Waqf property information becomes accessible, traceable, and immutable. This technology helps detect neglected or improperly managed assets, makes it possible to monitor assets in real-time, prevents financial malpractice, and improves strategic choice for social expenditures like building educational and health institutions.
- How does the Waqf (Amendment ) 2025 tackles it?
Under the new amendment, financial sustainability poses no issue because the Waqf boards can now sublet Waqf land for business or government infrastructure projects. This is a blaring change from the previous inflexible framework which often led to the systematic Waqf assets misallocation. This change seeks not only to make certain that Waqf properties are preserved but also ensure that there is active community involvement in economic development. This amendment aims at directed income generation to support proper development that can be reinvested in essential welfare services like education, healthcare, scholarships, and poverty alleviation programs, all of which align with Waqf’s original benevolent purpose.
- How does India rank with respect to the management of Waqf in other countries?
Waqf institutions in Malaysia and Turkey operate as powerful engines for socio-economic development. In Malaysia, there exists a professionally administered synergy between Waqf institutions and national development objectives which facilitates the construction of schools, hospitals, and commercial enterprises through legal mechanisms. Likewise, Turkey has permitted Waqf to become an important institutionalized entity by financially supporting the construction of social infrastructure and the maintenance of social culture, while also contributing to innovative change. Meanwhile, the Indian Waqf sector faces problems such as poor asset management and governance, as well as inadequate transparency. But with the amendments planned for 2025, India aims to resolve this issue by automating the Waqf record management system, enforcing accountability, and realizing its vast economic potential. If these reforms are executed properly, India has the catapulting opportunity to become a frontrunner in modern Waqf stewardship, applying centuries of managed trusteeship to foster community, sustainable development, and holistic advancement.
