Author : Sushmita Patra , Student of Sister Nivedita University, Kolkata
To the point
The Waqf Rules 2025 bring a fresh and structured approach to how Waqf properties are managed across India. They focus on improving transparency, setting clearer rules for how these properties can be used, and strengthening digital record-keeping systems. A major emphasis is placed on making custodians, known as Mutawallis, more responsible for how they handle these assets. These changes come in response to growing concerns about encroachments, misuse, and poor supervision of Waqf properties. The new rules aim to ensure that such properties are properly safeguarded and used strictly for religious, educational, or charitable purposes, as originally intended.
Use of legal jargon
Waqf: This is when a Muslim donates property permanently for a good cause—like for religious worship, education, or helping the needy. Once given, the property can’t be sold or taken back.
Mutawalli: “Is the Person in charge of taking care of Waqf property”. Their job is to manage it responsibly and make sure it’s used for the purpose it was donated for.
Encumbrance: This means there’s a legal claim or restriction on a property—like someone has the right to use it, or it’s been given on rent or mortgaged.
Tribunal: A legal panel that steps in when there’s a conflict or issue about Waqf properties. It acts like a court but is set up specifically for these kinds of matters.
Audit: This is a financial check-up—an independent review of accounts to see if the money or property is being managed honestly and properly.
The proof
The Waqf Rules 2025 have been introduced under the powers granted by the Waqf Act, 1995—particularly referencing Sections 9, 27, 32, 40, 51, and 83. These legal provisions give the government and State Waqf Boards the authority to manage, register, lease, and resolve conflicts related to Waqf properties, as well as oversee those responsible for their upkeep.
1. Digital Mapping and Online Registration
All Waqf properties are now required to be digitally registered and geo-tagged using GIS (Geographic Information System) tools. This move aims to improve transparency, keep accurate records, and allow the general public to track Waqf assets online.
2. Quicker Lease Approvals
Requests to lease Waqf land or buildings must now be processed within 60 days, putting an end to long bureaucratic delays.
3. Public Access to Property Information
An online platform will be made available for the public to check key details about Waqf properties. This includes ownership, land use, any ongoing disputes, or illegal encroachments.
4. Strict Action Against Encroachments
There are now defined steps and timeframes for identifying and removing unauthorized occupation or misuse of Waqf properties.
5. Clear Guidelines for Mutawallis
New rules introduce fixed tenures, performance assessments, and transparent procedures for appointing or removing Mutawallis. Regular reviews will ensure that properties are being managed in the community’s best interest.
6. Penalties for Rule Violations
Anyone found misusing Waqf properties, entering into illegal leases, or ignoring the updated regulations may face heavy penalties or legal consequences.
Abstract
The Waqf Rules 2025 mark a significant step towards streamlining the management of Waqf properties. They focus on bringing transparency through digital tools, setting deadlines for administrative actions, and reinforcing the duties of those entrusted with managing these properties. With the use of GIS technology, online systems, and stricter monitoring, the rules reflect a shift towards more accountable and tech-driven governance. At the same time, they uphold the core purpose of Waqf—ensuring that these properties continue to benefit religious, charitable, and public welfare causes, just as they were originally intended.
Case law
1. Board of Muslim Waqfs, Rajasthan v. Radha Kishan (1979 AIR 289)
In this significant judgment, the Supreme Court made it clear that Waqf properties can’t be sold, leased, or transferred without proper legal permission. Any such move without approval is automatically considered invalid. The Court emphasized that religious endowments like Waqf are meant to serve a continuous public or charitable purpose and should not be casually dealt with. This ruling highlighted the need for strict legal supervision in handling Waqf lands.
2. Syed Asadullah v. State of U.P. (2002 SCC All 579)
The Allahabad High Court in this case reminded the State Waqf Boards of their duty to protect Waqf properties. It pointed out that preventing illegal use or encroachment of such properties is a key responsibility. The court also advised the Boards to conduct regular inspections and adopt proper monitoring practices to prevent misuse or neglect of these valuable assets.
3. Waqf Board Tamil Nadu v. State of Tamil Nadu (2020)
In this matter, the Madras High Court supported the push for updating and digitizing Waqf land records. It asked the state government to help the Waqf Board by offering administrative support and ensuring proper digital documentation. This direction laid the groundwork for the modernization principles later found in the Waqf Rules 2025, especially regarding tech-based governance.
4. Delhi Waqf Board v. GNCTD (2023)
The Delhi High Court stressed the need for better cooperation between the government and the Waqf Board to deal with illegal occupation of Waqf properties. The court backed stronger enforcement actions and better coordination to protect such lands. These views align with the goals of the 2025 Waqf Rules, which focus on efficient handling of encroachments and stronger regulatory action.
Conclusion
The Waqf Rules 2025 mark a positive step forward in bringing more order and transparency to the management of Waqf properties. By building on the foundation of the Waqf Act, 1995, these updated rules address many real-world problems such as mismanagement and lack of oversight. With a strong focus on digital systems, clear procedures, and stakeholder accountability, the rules aim to protect the purpose behind Waqf endowments and ensure that they truly benefit the community. That said, the real impact of these reforms will depend on how well they are implemented at the state level and how actively the public engages with the system.
FAQs
Q1: Why were the Waqf Rules 2025 brought in?
A: These rules were introduced to fix long-standing issues like illegal occupation, mismanagement, and outdated record-keeping. They aim to improve efficiency and transparency by introducing digital processes and stricter guidelines.
Q2: Is Mutawalli allowed to lease Waqf property?
A: Yes, but only after getting approval from the State Waqf Board. As per Rule 12, any such request must be reviewed and decided upon within 60 days, ensuring a faster process.
Q3: What if someone encroaches on Waqf land?
A: In such cases, the new rules call for immediate reporting and legal action through Waqf Tribunals. Encroachments will be tracked using online platforms, and violators may face penalties.
