PIB

Context: The Waqf (Amendment) Bill, 2025 received Presidential assent in April 2025, and has become an Act. Let’s understand the meaning of waqf, its historical background, issues with the previous Act, key changes made by the present Act, its criticisms and way forward.

Relevance of the Topic: Prelims: Key facts related to Waqf Amendment Act 2025

Meaning of ‘Waqf’

• Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. Any other use or sale of this property is prohibited. 
• Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. 
• As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.

Historical Background

• Origin of Waqf in India: Waqf (Islamic endowment for religious or charitable purposes) has roots in India since the 12^th century; it was introduced during the reign of Muhammad Ghori. It was further expanded under Delhi Sultanate and Mughal Empire, where rulers encouraged charitable endowments for mosques, madrasas, and public welfare.
• Legislation under Colonial Period: British colonial administration codified Waqf laws to regulate Muslim endowments. The Mussalman Wakf Act, 1923 was the first comprehensive law to govern Waqf properties, establishing State Waqf Boards to manage them.
• Post-Independence Legislation:
  • Waqf Act, 1954 was enacted post-independence to consolidate and amend laws relating to Waqf.
  • Waqf Act, 1995 replaced the 1954 Act, introducing provisions for better management and protection of Waqf properties, including mandatory registration and establishment of Waqf tribunals.
• Need for reform: Despite these laws, mismanagement, encroachments, and legal disputes have persisted. The 2025 Amendment Act was introduced to address these challenges comprehensively and modernise waqf governance.

Issues with previous Waqf Act

• Widespread Mismanagement and Corruption: Many Waqf properties were illegally sold, encroached upon, or leased without proper authorisation. State Waqf Boards often lacked capacity, transparency, and accountability.
• Issue of inadequate Survey and Registration: Surveys conducted under the 1995 Act were outdated and incomplete, leading to disputes over ownership. Many properties remained unregistered or improperly documented.
• Increased litigation and Disputes: Waqf tribunals were often understaffed, leading to delays in resolving disputes. Tribunal decisions were final with no provision for appeal, causing dissatisfaction and prolonged conflicts among litigants.
• Limited representation: Women were largely excluded from Waqf Board membership and decision-making. Minority Muslim sects such as Shia, Bohra, and Aghakhani had no separate representation or boards.
• Government-land encroachment: Some government lands were declared Waqf without proper legal basis, leading to conflicts between state authorities and Waqf Boards.

Need for Amendment

• Modernising governance: Existing laws were insufficient to handle the scale and complexity of Waqf property management in the 21^st century. There was a need to bring the Waqf administration in line with contemporary legal and administrative standards.
• Enhancing transparency: To prevent misuse and encroachment, mechanisms for transparent surveys, audits, and financial management were necessary.
• Ensuring inclusivity and representation: Women’s participation and representation of minority Muslim sects were essential for equitable governance.
• Resolving legal ambiguities: Clarifying ownership of disputed government lands and enabling appeals against tribunal decisions to reduce litigation backlog.
• Aligning with Revenue Laws: Integrating Waqf property surveys with state revenue laws to improve accuracy and enforcement.

Key Changes Made by the 2025 Amendment Act

1. Definition and Formation of Waqf: 

• Restriction on Waqf Declaration: Only Muslims who have owned immovable property for at least five years can declare it as Waqf. Abolishes the concept of “Waqf by user” (where property used as Waqf for decades automatically becomes Waqf).

2. Survey and Registration: 

• Role of Revenue Authorities: Surveys of Waqf properties will be conducted by state revenue officials (District Collectors/Senior Official), not Waqf Boards. Surveys will follow the respective state’s revenue laws to ensure accuracy and legal validity.
• Registration Process: Waqf properties must be registered with the State Waqf Board within a stipulated timeframe.

3. Governance Reforms:

• Composition of State Waqf Boards (SWBs): At least two Muslim women members must be included in each SWB, enhancing gender representation. Non-Muslim members can be appointed to SWBs to promote inclusivity and transparency.
• Central Waqf Council (CWC): Non-Muslims can constitute up to 25% of the CWC membership, broadening representation.
• Separate Boards for Minority Sects: Provision for separate Waqf Boards for Bohra, Aghakhani, Shia, and Sunni sects to address sect-specific concerns.

4. Dispute Resolution and Appeals:

• Changes in Tribunal Composition: Muslim law experts are removed from Waqf tribunals; revenue officers and legal experts will be appointed instead. This intends to bring administrative expertise and reduce religious bias.
• Appeals to High Courts: Tribunal decisions are no longer final; aggrieved parties can appeal to High Courts within 90 days. This introduces judicial oversight and safeguards against erroneous tribunal rulings.

5. Government land and Waqf Properties:

• Clarification on Government Land: Disputed government lands declared as Waqf will cease to be Waqf properties. The state revenue authorities (collectors) will resolve ownership disputes.

Criticism and Challenges

1. Legal and Constitutional Concerns

• Supreme Court Observations: The Supreme Court has raised concerns about the de-notification of court-declared Waqf properties and the removal of Muslim law experts from tribunals. It has also raised questions about the constitutionality of non-Muslim majority representation in Waqf Boards, given the religious nature of Waqf.

2. Community and Religious Opposition

• All India Muslim Personal Law Board (AIMPLB): They have called the amendments “arbitrary” and “exclusionary,” alleging infringement on Muslim religious rights. It has also opposed removal of Muslim jurists from tribunals and restrictions on Waqf formation.
• Petitions and Protests: Various Muslim organisations filed petitions challenging the Act for violating religious freedoms under Article 14, 25, 26 and 29 of the Indian Constitution.

3. Abolition of ‘Waqf by User’

• Historical Erasure: The removal of this provision jeopardizes properties used for religious purposes for decades but lacking formal documentation. The Supreme Court has also raised concerns in this regard as 4 lakh out of 8 lakh waqfs are waqf-by-user properties.
• Legal Ambiguity: Genuine Waqf properties declared by courts may lose status if disputed, despite the Act’s clause protecting pre-registered properties.

4. Increased State Control: 

• Bureaucratic Overreach: Dispute resolution powers have been shifted from Waqf Tribunals to District collectors/Senior officials and revenue officials which centralizes the authority under state machinery. Critics thus fear delays and bias in cases involving government lands.
• Removal of Section 40: The repeal of this provision (which allowed Waqf Boards to designate properties as Waqf) weakens the Boards’ autonomy.

5. Sectarian and Gender concerns:

• Underrepresentation of Minority Sects: Despite separate boards for Shia, Bohra, and Aghakhani communities, critics argue the Act fails to address historical marginalization.
• Tokenism in Gender inclusion: Though the Act mandates two Muslim women on State Boards, skeptics question whether this ensures meaningful participation.

6. Non-Muslim Representation: Requirement for non-Muslim members on Waqf boards is opposed by critics arguing that such representation may undermine the boards’ integrity due to a lack of understanding of Islamic law and jurisprudence.

Way Forward

• Community Engagement: Dialogue with Muslim organisations, religious leaders, and minority sects to build consensus and ensure the reforms respect religious sentiments.
• Strengthening Institutional Capacity: Equip State Waqf Boards and revenue officials with adequate training, technology, and resources for effective property management and dispute resolution.
• Use of Technology: Implement digital platforms like the Quranic Waqf Board Tracking System (QWBTS) and Survey and Settlement Web-based System (SWSVY) for transparent surveys and monitoring.
• Empower Women Members: Ensure women in Waqf Boards have meaningful roles and decision-making authority.
• Respect Sectarian Autonomy: Facilitate smooth functioning of separate boards for minority sects (Bohra, Aghakhani, Shia), respecting their unique religious practices.
• Regular Audits: Conduct periodic financial and property audits to ensure transparency and accountability.

The Waqf (Amendment) Act, 2025 addresses long-standing issues of mismanagement and encroachment, however the Act has faced criticism on religious and constitutional grounds. The success of these reforms will depend on balanced implementation, legal clarity, and meaningful engagement with the Muslim community.