The Indian government introduced the Waqf (Amendment) Act, 2025 in the Lok Sabha on 8 August 2024. This Act seeks to repeal the Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995. The updated law renames it as the United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995).
What is Waqf?
Waqf (sometimes spelled “Wakf”) is an important concept in Islam. It refers to a religious endowment, meaning something valuable, like land, a building, money, or any other asset, that is permanently dedicated to help the community for religious or charitable purposes.
When a Muslim creates a waqf, they give away their ownership rights over a property. Examples of common waqf purposes include:
Building and maintaining mosques
Funding schools (madrasas)
Running hospitals and orphanages
Helping poor people
Maintaining cemeteries
What Are The Changes Under the Waqf Amendment Act, 2025
Renaming the Act:
The Act is now called the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995. This reflects a broader focus on empowerment and efficient waqf management.
Formation of Waqf:
The law removes “waqf by user,” which recognized properties based on long-term religious use. Now, only practicing Muslims (for at least five years) who own the property can declare it as waqf. The “waqf-alal-aulad” remains but must not deny rightful inheritance, especially to women.
Treatment of Government Property:
If a government property is identified as waqf, it will no longer retain waqf status. Disputes will be handled by the Collector under the supervision of the state government.
Survey and Registration Overhaul:
Collectors and Deputy Collectors will now conduct waqf property surveys under state revenue laws. A centralized portal and national database will handle waqf registrations.
Abolition of Section 40:
Section 40, which allowed Waqf Boards to declare properties as waqf arbitrarily, has been removed to prevent misuse.
More Changes
Improved Representation and Inclusivity:
The law mandates the inclusion of non-Muslims and Muslim women in the Central Waqf Council and State Waqf Boards. Separate boards for Sunni, Shia, Bohra, and Aghakhani sects are permitted. Each board must have at least two Muslim women.
Changes to Waqf Tribunals and Appeals:
Tribunals will now include a district judge, a government officer, and a Muslim law expert. Appeals against tribunal decisions can be made to the High Court within 90 days, ensuring judicial review.
Stronger Inheritance Protections:
Inheritance rights for women, widows, divorced women, and orphans are protected. Property cannot be declared as waqf until rightful heirs receive their share.
Exclusion of Trusts from Waqf Rules:
This gives individuals full control over their private trusts.
Application of the Limitation Act, 1963:
The Limitation Act will now apply to waqf-related proceedings, aiming to reduce prolonged legal battles.
Emphasis on Digitization and Transparency:
The Central Government can now frame rules for waqf property registration, auditing, and account maintenance. While digitization promises transparency, concerns about data accuracy remain.
What Is the Original Waqf Act, 1995?
The original Waqf Act, 1995 created a robust framework for waqf property management. It:
Defined waqf and its formation through declaration, user, or endowment.
Set up State Waqf Boards and a Central Waqf Council.
Empowered these bodies to survey, register, and manage waqf properties.
Established Waqf Tribunals to resolve disputes.
Protected waqf properties from encroachment and misuse.
Why is the Waqf Act, 1995 Considered a Masterpiece for Protecting Muslim Rights?
The Waqf Act, 1995 stands as a landmark law that safeguards the rights of Muslims in India. It focused on the management, protection, and administration of waqf properties. It strengthens the Muslims rights by?:
Muslim-Led Administration:
The Act mandated that only Muslims manage State Waqf Boards and the Central Waqf Council. This ensured waqf properties stayed under the community’s control.
Statutory Recognition of Waqf:
It legally recognized waqf under Islamic law. Dedicated properties could not be sold, transferred, or inherited, preserving their religious purpose forever.
Mandatory Waqf Boards:
Each state had to set up a Waqf Board. These boards handled the registration, management, and protection of waqf assets through a community-driven approach.
Appointment of Mutawalli:
The Act allowed the appointment of a mutawalli (caretaker) to manage waqf properties according to Islamic law and the waqf deed, ensuring accountability.
Ban on Unauthorized Sale:
Waqf properties could not be sold, transferred, or mortgaged without Waqf Board approval. This safeguard stopped unauthorized deals and protected community assets.
Specialized Waqf Tribunals:
The Act set up dedicated Waqf Tribunals. These bodies handled waqf disputes outside regular courts, offering faster and expert justice.
Protection Against Encroachment:
Waqf Boards had the power to evict encroachers and reclaim waqf land through legal means, safeguarding community assets.
Mandatory Survey and Documentation:
The law required regular surveys and official registration of waqf properties. This process helped prevent illegal occupation and loss.
Recognition of “Waqf by User”:
The Act protected properties used continuously for religious or charitable purposes, even if there was no formal declaration. This expanded the shield around waqf assets.
What Are The Issues Addressed by the Amendment?
The Act tackles long-standing issues in Waqf property management:
Lack of transparency
Incomplete land surveys and mutation records
Encroachments and prolonged litigations (over 21,000 pending cases)
Disputes involving government land declared as Waqf
Limited women’s inheritance rights
Weak accounting and audit systems
Poor administration and trust property misuse
Unbalanced representation in Waqf Boards
How Does The Amendment Strengthen Rights of Muslim Women?
The Waqf Amendment Act places a strong focus on empowering Muslim women, especially widows, divorcees, and those from underprivileged backgrounds. Through various initiatives, it aims to promote their financial, legal, and social independence.
- Promoting Financial Independence. The Act encourages the creation of Self-Help Groups (SHGs) for Muslim women. These groups offer financial support, group savings, and microloans. Programs also focus on building financial literacy, helping women start small businesses and gain economic stability.
- Expanding Legal Support. The Act mandates the establishment of legal aid centers. These centers help women deal with family, property, and inheritance disputes. With easier access to legal advice and representation, women can assert their rights over Waqf properties and family assets.
- Enhancing Transparency Through Digital Records. By digitizing property records, the Act ensures that women can easily verify and claim their legal rights. This transparency reduces fraud and discrimination against women in matters of property and Waqf benefits.
- Targeted Welfare Programs for Women. The Act directs Waqf resources toward schemes that directly benefit women, such as:
Scholarships for girls to encourage higher education.
Maternity and healthcare support for expecting and new mothers.
Skill development programs in fields like healthcare, tailoring, fashion design, and IT.
Microfinance support for women entrepreneurs to start and expand businesses.
Vocational training centers to equip women with employable skills.
Pension schemes for widows to ensure financial security in old age.
How Does The Act Support for the Underprivileged?
The Waqf Amendment Act strengthens the original purpose of Waqf properties, to serve the people with low income and underprivileged. It introduces several reforms that restore Waqf’s role in social welfare and ensure that resources benefit those in need.
- Preventing Mismanagement and Encroachment. The Act includes stricter provisions to stop illegal use and encroachment of Waqf lands. By protecting these properties, the Act ensures that assets meant for charity are not diverted for private gain. This helps preserve funds and land for the welfare of disadvantaged communities.
- Launching a Digital Portal. A centralized digital Waqf management system makes property details public and transparent. This prevents corruption, improves trust, and allows for better monitoring of property use. It ensures that resources are accessible and managed efficiently to support welfare schemes.
- Strengthening Auditing and Accountability. The Act mandates regular audits and financial disclosures from Waqf Boards. Increased transparency reduces fund misuse and promotes efficient spending. As a result, more money reaches projects aimed at uplifting poor and marginalized groups.
- Directing Funds Toward Essential Services. A core focus of the amendments is to allocate Waqf income toward social services. This supports long-term development and empowers communities through access to essential resources.
How Inclusive Representation Works in Waqf Boards?
Inclusive representation means ensuring that different groups, especially indigenous people and marginalized sections, have a voice in decision-making bodies.
In the context of Waqf Boards, inclusive representation ensures that people from different Islamic sects, social classes, and even non-Muslims are part of the management and supervision of waqf properties.
To make Waqf Boards more fair and balanced, the law (Waqf Act) requires specific types of members to be included:
One member each from the Bohra and Aghakhani sects, if these sects have functioning waqf properties (called Auqaf).
This ensures smaller Muslim sects also have a say.
Members from backward classes, along with representatives from both the Shia and Sunni communities.
This brings in voices from socially disadvantaged groups and both major Islamic traditions.
Two or more elected representatives from local government bodies like Municipalities or Panchayats.
This connects the Waqf Boards with the people at the grassroots level.
Two non-Muslim members must also be included, apart from government officials who serve automatically (ex-officio members).
This encourages transparency and broader oversight.
What Are The Criticisms of Waqf (Amendment) Act, 2025?
- Violation of Religious Rights
Critics say the Act violates Articles 14, 25, 26, and 29 of the Constitution. Mandating non-Muslims on Waqf Boards is seen as interference in the Muslim community’s religious affairs. This move allegedly restricts their right to manage waqf properties. - Waqf Board Autonomy Undermined
The Act transfers key powers to government officials. District Collectors can now decide whether a property qualifies as waqf. Critics warn this shift opens doors for political control and weakens the authority of Waqf Boards. - End of ‘Waqf by User’ Rule
The law removes the rule that religious use over time can establish a property as waqf. Many community-owned properties with no written deeds could now lose protection. Critics fear this change will lead to mass declassification and legal disputes.
More
- Dilution of Muslim Representation. Many see it as an attack on the community’s right to manage its religious assets independently.
- Legal Setback for Waqf Properties
Repealing Section 107 brings Waqf properties under the Limitation Act, 1963. This change could block the recovery of illegally occupied waqf land. Critics claim it legitimizes encroachment through adverse possession. - Weak Judicial Oversight
Earlier, Waqf Tribunal decisions were final. Now, appeals to High Courts are allowed. Still, concerns remain about whether the law offers strong judicial protections. - Gaps in Digitization and Transparency
Though the Centre promises transparency through digitization. Funds are underused and records often don’t match reality. - Rising Protests and Political Pushback
Muslim groups and opposition parties strongly oppose the Act. They say it’s unconstitutional and could lead to state control of religious assets. Protests have erupted across the country. - Vague Definition of ‘Practising Muslim’
The law doesn’t define who qualifies as a ‘practising Muslim’ for waqf property benefits. This could spark legal confusion and inconsistent rulings.
Conclusion
The Waqf Amendment Act marks a significant shift in managing religious endowments. While it aims to improve transparency and accountability, criticism remains strong. Many argue it centralizes power and undermines local control. However, the Act brings new rights for women, especially in property claims and board representation. Including women as board members promotes gender equality. Overall, the amendments reflect progress but raise serious concerns. Balancing reform with community rights and fair representation remains crucial.
