In April 2025, the Indian Parliament enacted the Waqf (Amendment) Act, 2025, introducing significant reforms to the management of waqf properties—charitable endowments under Islamic law. This legislation, which amends the Waqf Act of 1995, aims to enhance transparency, inclusivity, and efficiency in waqf administration.

What is Waqf?

A waqf is a permanent dedication of property by a Muslim for religious, charitable, or pious purposes. These properties are managed by Waqf Boards established under the Waqf Act, 1995.

Key Provisions of the Amendment

1. Renaming the Act: The Waqf Act, 1995, is now titled the United Waqf Management, Empowerment, Efficiency and Development (UWMEED) Act, 1995, reflecting a broader scope and modernized objectives.

2. Eligibility for Declaring Waqf: Only individuals who have practiced Islam for at least five years and own the property can declare it as waqf, ensuring genuine and informed endowments.

   
   

3. Abolition of 'Waqf by User': The practice of recognizing waqf based on long-term usage without formal declaration is discontinued, aiming to prevent disputes over property claims.

4. Inclusive Representation: The Act mandates the inclusion of at least two Muslim women and non-Muslim members in Central and State Waqf Boards, promoting gender equality and diverse perspectives.

5. Digitization and Transparency: A centralized portal is introduced for waqf registration and management, enhancing transparency and accessibility of waqf records.

6. Dispute Resolution: Decisions by Waqf Tribunals can now be appealed in High Courts within 90 days, providing a higher level of judicial oversight.

7. Repeal of Obsolete Legislation: The Mussalman Wakf Act, 1923, is repealed to eliminate redundancy and streamline waqf governance under a unified legal framework.

   
   

Rationale Behind the Amendments

The amendments aim to address longstanding issues in waqf property management, including:

• Preventing Mismanagement: By clarifying ownership and declaration procedures, the Act seeks to reduce fraudulent claims and misuse of waqf properties.

• Enhancing Accountability: Digitization and defined administrative roles aim to improve record-keeping and accountability.

• Promoting Inclusivity: Incorporating diverse members into Waqf Boards is intended to reflect the pluralistic fabric of society and ensure broader oversight.

The key benefits of the Waqf (Amendment) Act, 2025:

1. Increased Transparency and Accountability

• Digitization: All waqf properties must be registered on a centralized digital portal, making records easier to access and audit.

• Reduced Misuse: Clear documentation helps prevent fraudulent claims and unauthorized use of waqf land.

2. Clearer Ownership and Declaration Process

• Eligibility Clause: Only individuals who have practiced Islam for at least 5 years and own the property can declare waqf. This prevents sudden or fake declarations by non-owners.

• End to ‘Waqf by User’: Eliminating informal claims reduces legal disputes over land usage.

3. Greater Inclusivity

• Representation of Women and Non-Muslims: Mandating seats for Muslim women and non-Muslims on waqf boards fosters diversity and inclusive decision-making.

4. Judicial Oversight

• Appeal Rights: Decisions of Waqf Tribunals can now be appealed in High Courts, giving affected parties better access to justice.

5. Simplification of Laws

• Repeal of Outdated Acts: Removal of old laws like the Mussalman Wakf Act, 1923 streamlines governance under a single modern framework.

6. Protection of Public Interest

• By ensuring that only legitimate waqf declarations are made, the Act helps protect private and public lands from being incorrectly categorized as waqf properties.

  
  

Points of Contention

Despite its objectives, the Act has faced criticism:

• Religious Autonomy Concerns :Critics argue that including non-Muslims in Waqf Boards may infringe upon the religious autonomy of Muslim institutions.

• Impact on Heritage Sites: There are fears that redefining waqf declarations could affect historic sites traditionally recognized as waqf properties.

• Legal Challenges: The application of the Limitation Act, 1963, to waqf properties may hinder the recovery of encroached waqf lands, as claims could be barred after a certain period.

Conclusion

The Waqf (Amendment) Act, 2025, represents a significant shift in the governance of waqf properties in India. While it introduces measures aimed at modernization and inclusivity, it also raises important questions about religious autonomy and heritage preservation. As the Act comes into force, its practical implications will become clearer, necessitating ongoing dialogue among stakeholders to ensure that the objectives of transparency and efficiency do not compromise the foundational principles of waqf.