Waqf (Amendment) Act, 2025
Content
- Latest News
- Waqf Property
- Historical Evolution
- Waqf Act, 1995
- Waqf (Amendment) Act, 2025
- Significance
- Criticisms
Latest News
The Waqf (Amendment) Act, 2025 is popularly referred to as the UMEED (Unified Management, Empowerment, Efficiency and Development) Act. It was passed by Parliament in April 2025 with the objective of introducing far-reaching reforms in the governance and administration of waqf properties in India. The Act amends the Waqf Act, 1995, and seeks to bring greater transparency, accountability, and administrative efficiency. While addressing persistent structural and legal challenges that have plagued the waqf system for decades.
The Bill was first introduced in 2024 and was subsequently referred to a Joint Parliamentary Committee (JPC) for detailed examination. After extensive deliberations, stakeholder consultations, and revisions, the UMEED Bill was passed by both Houses of Parliament. Following Presidential assent, it has now come into force as law.
What is a Waqf Property?
- A waqf refers to a property that is permanently dedicated by a Muslim individual for religious, charitable, or pious purposes. Under Islamic law, ownership of such property is considered to vest in God. While the benefits generated from it are utilised for the objectives specified by the donor.
- A waqf may be created through a written document, legal instrument, or even oral declaration. In certain cases, a property may also acquire waqf status if it has been consistently used for religious or charitable purposes over a long period of time. Once declared as waqf, the property becomes irrevocable, and the donor or their heirs cannot reclaim or alter it.
- Interestingly, the institution of waqf does not exist uniformly across all Islamic countries. Nations such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not follow a waqf system comparable to India. In contrast, India has a highly institutionalised waqf structure backed by statutory protection.
- At present, Waqf Boards in India manage around 8.7 lakh properties. It cover nearly 9.4 lakh acres of land, with an estimated value of ₹1.2 lakh crore. Collectively, waqf boards constitute the third-largest landholding entity in India, after the Armed Forces and the Indian Railways.
Historical Evolution of the Waqf System in India
The concept of waqf in India dates back to the early Delhi Sultanate period. Sultan Muizuddin Sam Ghaor is credited with dedicating two villages for the maintenance of the Jama Masjid of Multan. He appointed the Shaikh-ul-Islam as its administrator. With the expansion of Islamic rule under successive dynasties, the number of waqf properties steadily increased.
- During the British colonial period, the waqf system became controversial. In the late 19th century, the Privy Council criticised waqf as a “perpetuity of the worst kind” and questioned its legal validity. However, this position was reversed with the enactment of the Mussalman Waqf Validating Act, 1913, which legally recognised waqfs in India.
- After independence, the Waqf Act, 1954 was enacted to regulate waqf administration nationwide. It led to the establishment of the Central Waqf Council (1964) as a statutory body to supervise and advise State Waqf Boards constituted under the Act.
- This framework was further strengthened through the Waqf Act, 1995, which provided overriding effect over other property laws. And it aimed to prevent encroachments, ensure better management, and safeguard waqf assets under Islamic principles.
Waqf Act, 1995: Key Provisions
The Waqf Act, 1995 serves as the primary legislation governing waqf properties in India. It mandates the creation of State Waqf Boards responsible for supervising, maintaining, and protecting waqf assets.
The Act clearly defines the roles and responsibilities of various waqf authorities, including the Central Waqf Council, State Waqf Boards, Chief Executive Officers, and Mutawallis (caretakers of waqf properties). It also establishes Waqf Tribunals, which function as specialised adjudicatory bodies in place of civil courts for waqf-related disputes.
These tribunals are vested with powers equivalent to civil courts under the Code of Civil Procedure, 1908, and their decisions are binding. Civil courts are barred from entertaining cases that fall within the jurisdiction of Waqf Tribunals.
Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 seeks to modernise waqf governance by introducing technology-driven administration, simplifying procedures, and resolving long-standing ambiguities. The Act aims to ensure that waqf resources are utilised more effectively for community welfare and development.
Key Provisions and Changes under the Waqf (Amendment) Act, 2025
- One of the most notable changes is the renaming of the Act as UMEED. Which symbolises its emphasis on unified management and development. he Act provides for the induction of non-Muslim members into both Central and State Waqf Boards.
- The amendment removes the controversial concept of “waqf by user”, which earlier allowed properties to be declared waqf based solely on long-term religious use. However, all waqf-by-user properties registered before the enactment of the Act will continue to retain their status. (except where disputes with the government exist.)
Deletion of Section 40
- The Act also proposes the deletion of Section 40 of the 1995 Act. Which had empowered Waqf Boards to unilaterally declare any property as waqf, an authority often criticised as excessive.
- A clear legal distinction has been drawn between trusts and waqfs, ensuring that Muslim-created trusts governed by other charitable laws are not automatically brought under waqf regulations.
- To restore earlier norms, only individuals who have been practising Muslims for at least five years are now eligible to dedicate property as waqf. Importantly, the Act safeguards inheritance rights, ensuring that women, children, widows, divorced women, and orphans receive their lawful share before any property is declared waqf.
- The Limitation Act, 1963 has been made applicable to waqf properties to curb prolonged litigation. Additionally, waqf creation is explicitly barred on lands covered under Schedules V and VI of the Constitution, thereby protecting tribal interests.
- While the original draft proposed reducing the size of Waqf Tribunals, the final Act retains a three-member tribunal structure based on JPC recommendations. For disputes involving government land claimed as waqf, investigation must now be conducted by an officer senior to the district collector.
- The Act also revises the dispute resolution mechanism by granting final authority to senior government officials in determining ownership between waqf and government properties. An appeal to the High Court against tribunal decisions has been introduced, addressing earlier limitations.
- To enhance transparency, mutawallis are required to digitally register property details on a central portal within six months. Financial reforms include reducing the mandatory contribution to Waqf Boards from 7% to 5%, and mandating government audits for institutions earning more than ₹1 lakh annually.
Significance of the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 represents an important step towards reforming waqf governance in India, addressing long-standing concerns related to opacity and inefficiency.
- It strengthens transparency and accountability through mandatory digitisation, centralised records, and financial audits, helping curb mismanagement and corruption.
- By removing ambiguous provisions and simplifying procedures, the Act aims to streamline administration and reduce arbitrariness in declaring waqf properties.
- The Act ensures protection of inheritance rights, particularly for women, children, widows, and orphans, aligning waqf practices with constitutional values of equality.
- Financial reforms are expected to enable better utilisation of waqf assets for community welfare, rather than excessive institutional expenditure.
- Provisions barring waqf creation on Fifth and Sixth Schedule lands reinforce constitutional safeguards for tribal communities.
Overall, the Act seeks to balance religious endowment management with public accountability and modern governance practices.
Criticisms and Concerns
Despite its reform-oriented intent, the Act has attracted criticism on constitutional and administrative grounds:
- Increased state involvement and inclusion of non-Muslim members in waqf boards are viewed by critics as infringing upon religious autonomy under Articles 25 and 26.
- Shifting dispute resolution powers from Waqf Tribunals to executive authorities raises concerns about over-centralisation and bureaucratic dominance.
- The removal of the “waqf by user” provision may place historical religious properties lacking formal documentation at risk.
- Limited consultation with community stakeholders has raised doubts regarding legitimacy and social acceptance.
- Changes in adjudication mechanisms may initially lead to greater litigation and uncertainty.
