The Waqf (Amendment) Bill 2025, one of the most consequential legislative reforms in recent years concerning religious endowments, has now officially become law. Tabled by the Union Minister of Minority Affairs, the newly enacted Waqf (Amendment) Act 2025 introduces sweeping changes to the governance, ownership, and regulation of waqf properties in India. The Act has been met with both praise and protest, reflecting the sensitive balance between administrative reform and religious autonomy.

Understanding Waqf: A Sacred and Social Institution
A waqf is an Islamic endowment of property, intended to serve religious, charitable, or socially beneficial purposes. Once declared as waqf-either formally through a deed or informally through consistent communal use-the property becomes inalienable. Ownership is considered to rest with God, and its use is designated for perpetual public benefit, whether for maintaining mosques, madrasas, orphanages, or community welfare institutions.

Waqfs in India have historically played a significant role in social welfare within the Muslim community. However, concerns over mismanagement, disputes, and lack of transparency have long surrounded the functioning of waqf institutions.

A Brief Legal Evolution
The regulation of waqf properties in India dates back over a century. Starting with the Muslim Waqf Validating Act, 1913, and later the Mussalman Wakf Act, 1923, the framework evolved post-independence with the Central Waqf Act of 1954. This was eventually replaced by the more comprehensive Waqf Act, 1995, which remains the backbone of waqf governance.

The 2013 amendment to this Act was the last major update, introducing stricter controls against encroachment and empowering waqf boards to declare properties as waqf land. Now, the 2025 Act marks the most significant structural transformation in recent decades.
 

Key Provisions of the Waqf (Amendment) Act 2025

1. Retention and Reform of 'Waqf by User' Doctrine
   The Act upholds the traditional doctrine of waqf by user, ensuring that properties used communally for religious or charitable purposes before the law's enactment will retain their waqf status-unless officially disputed. However, new waqf declarations must be backed by documentary proof or a formal declaration from a practicing Muslim of at least five years.
    
2. Diversifying the Governance Structure
   In a first, non-Muslim representation has been mandated in waqf institutions:
   • At least two non-Muslim members are required on each State Waqf Board and the Central Waqf Council.
   • The requirement that CEOs of waqf boards must be Muslim has been removed. This move has been promoted as a step toward administrative inclusivity and objectivity, though it has sparked significant concern within the community regarding religious autonomy.
      
3. Changes in Dispute Resolution
   Waqf Tribunals will now include:
   • A District Judge
   • A Joint Secretary-level officer
   • An expert in Muslim jurisprudence
   Importantly, tribunal decisions can now be appealed in the High Court—a key change from earlier provisions that barred such appeals. However, more controversially, the power to decide whether a property is waqf or government land has been transferred to senior executive officers, with district collectors now authorized to rule on such disputes.
    
4. Repeal of Exemption from the Limitation Act
   Section 107 of the 1995 Act, which protected waqf properties from the standard 12-year limitation period for reclaiming encroached land, has been repealed. Waqf properties will now be subject to the Limitation Act, 1963, aligning them with other property laws but potentially weakening historical claims over disputed lands.
    
5. Digital Transparency and Oversight
   
   • A centralized digital portal will now catalog all waqf properties, including new registrations and status updates.
   • The Comptroller and Auditor General (CAG) will audit the financial and administrative functioning of waqf boards.
   • The Act also permits dedicated waqf boards for sectarian groups, including the Bohra and Agakhani communities.
      

Rationale Behind the Reform

The government has justified the reforms as necessary for:

• Curbing corruption and mismanagement in waqf boards.
• Resolving disputes efficiently by centralizing the process.
• Enhancing accountability through audits and digital records.
• Promoting inclusivity, including gender representation and the involvement of historically underrepresented sects.
   

Criticism and Concerns

Despite these stated objectives, the Act has drawn sharp criticism from opposition parties, legal scholars, and religious organizations.

The key concerns include:

1. Erosion of Religious Autonomy
   Critics argue that the Act violates Article 26 of the Constitution, which guarantees religious denominations the right to manage their own affairs.
2. Executive Overreach
   The reassignment of dispute resolution from judicial tribunals to bureaucrats has raised fears of politicization and arbitrariness in property decisions.
3. Dilution of Cultural Integrity
   The inclusion of non-Muslims in bodies overseeing religious properties has been seen by many as inappropriate and potentially insensitive, given the specific religious and cultural nuances involved.
4. Lack of Consultation
   Major Muslim organizations, including the All India Muslim Personal Law Board, have criticized the absence of stakeholder consultation, arguing that the community's voices were ignored during the drafting of the Bill.
5. Legal and Practical Ambiguities
   Concerns also remain about how appeals, transitional provisions, and ongoing litigation will be handled under the new regime.
    

Recent Developments on the Waqf (Amendment) Act, 2025

1. Widespread Constitutional Challenge before the Supreme Court
   Multiple petitions have been filed challenging the constitutional validity of the Waqf (Amendment) Act, 2025. These petitions argue that the Act violates the rights of religious denominations under Articles 25 and 26 of the Indian Constitution and imposes arbitrary administrative controls over religious endowments.

   "The Act is an unconstitutional assault on the autonomy of religious communities. It dismantles traditional safeguards and empowers the State to interfere in religious property management."
   - Indian Union Muslim League, Writ Petition filed before the Supreme Court, April 2025.
    

   Prominent petitioners include:
   • Indian Union Muslim League (IUML) – Challenges the Act for violating Articles 14, 25, and 26, citing "arbitrary restrictions on Muslim religious practices and waqf management."
   • Dravida Munnetra Kazhagam (DMK) – Argues that the Act affects the rights of over 50 lakh Muslims in Tamil Nadu and 20 crore Muslims nationwide, with provisions passed without proper legislative scrutiny.
   • Asaduddin Owaisi (AIMIM), Jamiat Ulema-e-Hind, AIMPLB – Jointly claim that the Act represents a direct attack on minority religious rights, altering the composition of waqf boards to include non-Muslims and undermining community control.
   The Supreme Court of India has admitted these petitions and sought a response from the Union government. A caveat has been filed by the Centre requesting to be heard before any interim order.
    

Key Legal Issues in Focus

1. Inclusion of Non-Muslim Members in Waqf Boards and Central Waqf Council - contested under Article 26(b) which provides religious denominations the right to manage their own affairs.
2. Collector's Power to Determine Waqf Property - replacing judicial tribunals with executive authority is alleged to violate the principle of separation of powers.
3. Deletion of 'Waqf by User' - undermines centuries-old customary waqf usage rights.
4. Restrictions on Creation of Waqf - requiring a person to have practiced Islam for five years before making a waqf is criticized as arbitrary and exclusionary.
    

Key Case Law

1. Sabir Ali Khan v. Syed Mohd Ahmad Ali Khan & Ors
   
   • Bench: K.M. Joseph and Hrishikesh Roy, JJ.
   • Key Holding: The Supreme Court held that beneficiaries can acquire title through adverse possession if the transfer is void and not merely voidable. The judgment clarified the application of Articles 65 and 96 of the Limitation Act to waqf properties.
   • Relevance: Highlights the tension between religious ownership and property rights in waqf matters.
      
2. P.V. Nidhish & Ors. v. Kerala State Waqf Board & Anr
   
   • Bench: S. Ravindra Bhat and Dipankar Datta, JJ.
   • Key Holding: The Court emphasized that prior permission from the Waqf Board is mandatory before any alienation or lease of waqf property, reinforcing the authority of the Waqf Board under Section 51 of the Waqf Act, 1995.
      

Protests and Public Response

The Murshidabad violence (April 2025) in West Bengal was directly triggered by public protests against the Act. The violence resulted in:

• 3 deaths and over 10 injuries
• Over 270 arrests and internet shutdowns
• Deployment of paramilitary forces as per Calcutta High Court directions

"This legislation is not about regulation. It is about appropriation of Muslim lands and traditions under the guise of reform[vi]."

Conclusion
The Waqf (Amendment) Act 2025 is a watershed moment in the history of waqf governance in India. It attempts to walk the tightrope between modernization and religious sentiment, between legal reform and faith-based autonomy. While the intentions of transparency and efficiency are laudable, the true test will lie in how sensitively the law is enforced, and whether it strengthens or strains the relationship between the state and religious institutions.

Only time and perhaps the courts will tell if this Act becomes a model of inclusive governance or a source of lasting contention.

End Notes:

1. IUML Moves Supreme Court Challenging Waqf Amendment Act," LiveLaw, April 2025
2. DMK Moves Supreme Court Against Waqf Act Amendments," LiveLaw, April 2025
3. Multiple Petitions Challenge Waqf Act in Supreme Court," Hindustan Times, April 2025
4. (2023) INSC 338
5. (2023) SCC OnLine SC 410
6. Maulana Arshad Madani, Jamiat Ulema-e-Hind, Press Conference, April 2025

Written By: Hera Mirza