Lok Sabha Passes Waqf (Amendment) Bill 2025

Recently, the Lok Sabha passed the Waqf (amendment) Bill 2025. The Waqf (Amendment) Bill 2025 amends the Waqf Act, 1995, which governs the administration of Waqf properties in India.

• The government moved the revised version of the Waqf (Amendment) Bill, the Unified Waqf Management Empowerment, Efficiency and Development Bill (UMEED).

Key Provisions of the Bill

• Composition of Waqf Boards/Councils: Mandates at least two non-Muslim members in State Waqf Boards and Central Waqf Council.
  • Two Muslim women members are required in Waqf Boards.
  • Authorises the Centre to nominate three Members of Parliament—two from the Lok Sabha and one from the Rajya Sabha—to the Central Waqf Council without requiring them to be Muslims.
• Formation of Waqf: Only a practising Muslim for at least 5 years can create a Waqf.
  • Abolishes “Waqf by user”: Properties can no longer be deemed Waqf based on long-term usage unless already registered.
• Survey of Waqf Properties: Replaces Survey Commissioner with District Collector (or higher-ranking officer) to verify Waqf properties.
  • If identified as Waqf, ownership reverts to the government after the Collector’s inquiry.
• Dispute Resolution: Removes the requirement of an expert in Muslim law; now comprises a judicial officer + government officer.
  • Tribunal decisions can be challenged in High Courts within 90 days of receiving the tribunal’s order (removes finality clause).
• Transparency Measures: Requires mandatory registration of Waqf properties within 6 months to enhance transparency.
  • Waqf institutions earning more than ₹1 lakh per year must undergo state-appointed audits for financial accountability.
• Limitation Act Applicability: Repeals Section 107 of the 1995 Act, making the Limitation Act, 1963 applicable to Waqf property disputes (12-year limit for reclaiming encroached land).

About Waqf

• Waqf (also spelled Wakf) is an Islamic legal concept referring to the permanent dedication of property for religious, charitable, or social welfare purposes.
  • Once designated as Waqf, the property cannot be sold, inherited, or gifted—it remains dedicated in perpetuity to serve the community.
• Purpose: To serve the community and enhance the welfare of society, with particular emphasis on public welfare projects like mosques, schools, hospitals, or welfare organizations.

Types of Waqf

How is Waqf Created?

• Declaration: A Muslim (Waqif) donates property via a written deed (Waqfnama) or oral declaration.
• Registration: Must be registered with the State Waqf Board.
• Dedication: Property ownership is transferred to Allah (God) and managed for public good.

Historical Background of Waqf in India

Early Islamic Period (12th–16th Century)

• Introduction by Ghurids:
  • 1192 CE: After defeating Prithviraj Chauhan, Muhammad Ghori established the first recorded Waqf in Multan (now Pakistan), dedicating two villages to the Jama Masjid.
  • Delhi Sultanate: Sultans like Iltutmish and Alauddin Khilji expanded Waqfs to fund mosques, tombs (dargahs), and water reservoirs (hauz).
• Mughal Era: Akbar and Shah Jahan institutionalized Waqfs for grand projects:
  • Taj Mahal: Maintained through Waqf income from 30 villages.
  • Fatehpuri Masjid (Delhi): Built by Shah Jahan’s wife, funded by Waqf.

 Colonial Period (18th–20th Century)

• British Intervention:
  • 1810–1827: Bengal, Madras, and Bombay Presidencies passed laws to regulate Waqfs, fearing mismanagement by local trustees (Mutawallis).
  • 1913: Mussalman Wakf Validating Act recognized Waqfs but barred non-Muslims from creating them.
  • 1923: Mussalman Wakf Act mandated Waqf registration to prevent fraud.
• Land Grab Concerns: British courts often dismissed Waqf claims, calling them “perpetuities of the worst kind.”

Post-Independence (1947–Present)

• 1954: Waqf Act created Central Waqf Council (CWC) and State Waqf Boards.
• Waqf Act, 1995 (replaced 1954 law): Strengthened Central Waqf Council (CWC) for oversight.
  • Survey Commissioner to document Waqf properties.
  • Waqf Tribunals for dispute resolution.
• 2013 Amendment: Criminalized Waqf land encroachment (2-year jail term).
  • Expanded definition of “encroacher.”
  • Explicitly prohibit the sale, gift, exchange, mortgage, or transfer of Waqf property.

Governance of Waqf in India

• Waqf properties in India are governed by the Waqf Act, 1995. 
  • Under the Waqf Act, 1995, Waqf properties are administered by the Waqf Boards, which ensure the management and proper utilization of such properties in line with the Waqf’s intended purpose.
  • Each state has its own State Waqf Board (SWB), and there is a Central Waqf Council (CWC) for oversight.
• Maintenance of List: The Waqf law provides for the appointment of a survey commissioner who maintains a list of all Waqf properties by making local investigations, summoning witnesses, and requisitioning public documents.
• Managed by: A Waqf property is managed by a mutawalli (caretaker), who acts as a supervisor. Waqf properties are managed in a way that is similar to how properties under Trusts are managed under the Indian Trusts Act, 1882.
• Dispute Resolution: The Waqf Act states that any dispute related to Waqf properties will be decided by a Waqf Tribunal. 
  • The Tribunal is constituted by the state government, and comprises three members:
    • A chairperson who is a state judicial officer not below the rank of a District, Sessions or Civil Judge, Class I
    • An officer from the state civil services
    • A person with knowledge of Muslim law and jurisprudence

About Waqf Board

• A Waqf Board is a body under the state government, which works as a custodian for Waqf properties across the state. 
• Coverage: In most states, there are separate Waqf Boards for the Shia and Sunni communities. 
  • Almost all prominent mosques in the country are Waqf properties and are under the Waqf Board of the state.
• Membership: A Waqf Board is headed by a chairperson, and has one or two nominees from the state government, Muslim legislators and parliamentarians, Muslim members of the state Bar Council, recognised scholars of Islamic theology, and mutawallis of Waqfs with an annual income of Rs 1 lakh and above.
• Powers: A Waqf Board has powers under the law to administer the property and take measures for the recovery of lost properties of any Waqf, and to sanction any transfer of immovable property of a Waqf by way of sale, gift, mortgage, exchange, or lease. 
  • However, the sanction shall not be given unless at least two thirds of the members of the Waqf Board vote in favour of such a transaction.

Why the Waqf (Amendment) Bill 2025 is Needed?

• Curbing Mismanagement & Corruption: Waqf Boards manage 8.7 lakh properties (9.4 lakh acres, worth ~₹1.2 lakh crore), but annual revenue is just ₹126 crore due to:
  • Encroachment: 7% of Waqf lands are illegally occupied.
  • Fraudulent claims: Private/govt lands wrongfully declared Waqf (e.g., 123 Delhi properties in 2013).
• Resolving Legal Ambiguities: The 1995 Act had loopholes:
  • “Waqf by user”: Properties became Waqf based on usage, even without ownership proof (e.g., temples/churches claimed as Waqf).
  • No time limits to reclaim encroached land (unlimited litigation).
• Protecting Government & Tribal Lands: Waqf Boards often claimed govt/tribal lands (e.g., ASI-protected sites, railway land).
• Empowering Marginalized Groups: Waqf income rarely reached intended beneficiaries (orphans, widows, poor Muslims).
• Modernizing Dispute Resolution: The dispute resolution process under the old Act was often slow and inefficient, with cases dragging on for years. 
• Aligning with Global Best Practices: UAE, Indonesia, and Bangladesh include non-Muslim experts in Waqf governance for efficiency.
• Economic Potential
  • Sachar Committee (2006): Estimated Waqf assets could generate ₹12,000 crore/year if managed well (vs. current ₹126 crore).

Significance of the Waqf (Amendment) Bill, 2025

• Inclusive Governance and Representation: The inclusion of non-Muslim and Muslim women members in the Waqf Boards fosters inclusive governance and ensures that the management of Waqf properties reflects diverse viewpoints. 
• Protection of Public Land and Prevention of Misuse: The Bill ensures government land cannot be wrongly classified as Waqf, protecting public assets from unauthorized claims. 
  • By abolishing “Waqf by user”, it limits the chances of land being wrongly claimed based on prolonged use, ensuring that only registered properties are considered legitimate.
• Efficiency in Property Verification: The transfer of verification duties to a District Collector enhances the efficiency of the verification process. 
  • This ensures that Waqf properties are accurately recognized and reduces the risk of fraud or mismanagement.
• Streamlined Dispute Resolution: The Bill introduces a judicial officer alongside a government officer in the dispute resolution process, making it more accessible and efficient. 
  • The ability to challenge tribunal decisions in High Courts ensures greater legal fairness and accountability.
• Increased Transparency and Financial Oversight: By requiring mandatory registration and financial audits for institutions earning above ₹1 lakh, the Bill enhances financial accountability. 
  • This ensures Waqf funds are used for their intended purposes, improving public trust in the system.
• Limitation on Disputes Over Waqf Properties: The Bill ensures that disputes are resolved in a timely manner by imposing a 12-year limit for reclaiming encroached land, aligning Waqf property disputes with the Limitation Act, 1963. 
• Strengthening the Legal and Administrative Framework: The changes in the Bill aim to modernize the administration of Waqf properties, aligning it with modern governance practices. 
  • These reforms ensure better resource management, greater legal compliance, and improved efficiency in handling Waqf properties across the country.

Key Concerns with the Waqf (Amendment) Bill 2025

• Violation of Religious Freedom (Article 26): The Bill allows non-Muslim members in Waqf Boards/Council, potentially interfering with Muslims’ right to manage their own religious affairs under Article 26.
  • Unlike Hindu/Sikh endowment laws that mandate same-faith administrators, this forces Muslim institutions to accept outsiders.
• Dilution of Muslim Representation: State governments can now nominate (not elect) Waqf Board members, reducing community control.
  • Opens door for political interference in Waqf governance.
• Threat to Existing Waqf Properties: Thousands of undocumented Waqf properties (e.g., mosques, graveyards) may lose protected status.
  • Retrospective Effect: While govt claims otherwise, ambiguity remains about older properties.
• Excessive Executive Control: District Collectors’ Power can unilaterally declare properties as “non-Waqf,” overriding Waqf Boards.
  • Similar to the Ayodhya dispute where courts (not bureaucrats) decided land status.
• Undermining Waqf Tribunals: Tribunals will lack Islamic jurisprudence specialists, risking misapplication of Sharia principles.
  • Disputes over family Waqfs (waqf-alal-aulad) may be judged incorrectly.
• Discrimination in Waqf Creation: 5-Year Practice Rule: bars recent converts from donating property, violating Article 14 (equality).
  • Muslim sects like Bohras/Aghakhanis fear marginalization despite separate provisions.
• Data Privacy Risks due to Centralized Digital Portal: Compulsory disclosure of Waqf assets could enable targeting of properties.
• Political Motivations: Opposition alleges the Bill aims to polarize voters ahead of elections.
  • No similar reforms for Hindu/Sikh religious trusts.

Way Forward for Effective Implementation of the Waqf (Amendment) Bill 2025

• Balanced Representation & Community Consultation: Ensure that the inclusion of non-Muslim members in Waqf Boards does not dilute Muslim representation. 
  • Consult Islamic scholars and community leaders to maintain trust.
• Strengthening Dispute Resolution Mechanisms: Retain experts in Muslim law in tribunals to ensure Sharia-compliant judgments while improving efficiency. 
  • Fast-track dispute resolution to prevent prolonged litigation.
• Protection of Genuine Waqf Properties: Conduct a nationwide audit to document legitimate Waqf properties and prevent wrongful de-notification. 
  • Provide legal safeguards for historical and religious sites.
• Transparency & Accountability in Financial Management: Implement digital tracking of Waqf assets and income to curb corruption. 
  • Ensure audits are conducted by independent agencies.
• Preventing Political Interference: Establish clear guidelines for state nominations to Waqf Boards to avoid politicization. 
  • Maintain autonomy in decision-making.
• Awareness & Capacity Building: Educate stakeholders (Mutawallis, beneficiaries) about the new provisions. 
  • Train officials on Waqf laws to prevent misuse.
• Harmonization with Other Religious Trust Laws: Ensure parity in governance reforms across all religious endowments (Hindu, Sikh, Christian trusts) to avoid perceptions of bias.

Conclusion

The Waqf (Amendment) Bill 2025 is a significant step toward reforming Waqf governance, ensuring transparency, and preventing misuse. Collaborative efforts between the government and Muslim communities will be crucial in realizing the economic and social potential of Waqf assets.