The Waqf Amendment Bill 2025 : Definition and Historical Perspective of Waqf

Why in News? 

Recently, the Waqf (Amendment) Bill, 2025 was passed in the Lok Sabha & Rajya Sabha, bringing major changes to the management and administration of waqf properties in the country.

• This bill has now been named the “Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill,” reflecting its broader objectives.
• The amendments in the bill are based on the report of the Joint Parliamentary Committee, which aims to improve the management and transparency of waqf properties.
• Along with this, the Muslim Waqf (Repeal) Bill, 2024 has also been approved, officially repealing the Mussalman Waqf Act, 1923.

Definition and Historical Perspective of Waqf

1. What is Waqf?

   • Waqf is an Islamic concept where a person permanently dedicates property for religious, charitable, or social welfare purposes.
   • The property can be movable or immovable and cannot be sold, transferred, or mortgaged once declared as waqf.
   • Waqf properties are usually dedicated to mosques, madrasas, orphanages, cemeteries, hospitals, and the welfare of the poor.
   • In India, waqf properties are managed under the Waqf Act, 1995.
   • A person can declare a waqf through a formal document (waqf deed) or if a property has been used for religious or public welfare purposes for many years, it can be considered waqf.
   • Non-Muslims can also create waqf properties, provided they follow Islamic principles and serve public welfare.
   • There are more than 8.72 lakh waqf properties in India, covering 38 lakh acres of land.
   • The largest share of waqf properties in India is in Uttar Pradesh (27%), followed by West Bengal (9%) and Punjab (9%).

2. Historical Development of the Waqf System

   • Early Period: The tradition of waqf in India existed even before the Mughal era.
     • Rulers of the Delhi Sultanate and the Mughal Empire dedicated large properties for religious and social welfare purposes.
     • Many famous mosques, dargahs, and madrasas during the Mughal period were waqf properties.
   • Colonial Period: During British rule, problems arose regarding the protection and management of waqf properties, leading to the need for legal reforms.
     • The first major law, The Mussalman Waqf Validating Act, 1913, was introduced.
     • The Mussalman Waqf Act, 1923, was enacted to improve waqf property administration and transparency.
     • The Mussalman Waqf Validating Act, 1930, legally recognized family waqfs.

3. Post-Independence:

   • After independence, the Waqf Act, 1954 was passed to systematically manage waqf properties.
     • This act led to the creation of State Waqf Boards (SWBs) to protect and manage waqf properties.
     • The Central Waqf Council (CWC) was formed in 1964 to oversee waqf properties nationwide.
   • The Waqf Act, 1995, replaced the earlier law, strengthening waqf boards and introducing strict provisions for better management.
     • It also established Waqf Tribunals to resolve waqf-related disputes.
     • The act prohibited the sale, transfer, mortgage, or gifting of waqf properties.

4. Waqf (Amendment) Act, 2013:

   • A three-member waqf tribunal was made mandatory.
     • It was required to appoint two women members in state waqf boards.
     • The lease period for waqf properties was extended from 3 years to 30 years for better utilization.
     • Strict provisions were introduced to prevent encroachment on waqf properties, with a punishment of up to two years in jail.

The Waqf Amendment Bill 2025:

The latest amendment aims to improve transparency, reduce litigation, and ensure better management of waqf properties.

Why Was Waqf Act Amendment Needed?

• Record Management Issues: Many waqf property records are not properly digitized, leading to misuse and illegal encroachments.
• Audit System Needs Improvement: Many state waqf boards do not conduct proper audits, leading to financial irregularities. Recently, over 515 waqf properties were found to have irregularities.
• Illegal Encroachments: Waqf properties in many states have been illegally occupied, preventing the community from benefiting from them.
• Illegal Sales and Transfers: Although waqf properties cannot be sold or transferred, many have been illegally transferred. In Delhi, 123 waqf properties were found to be misused.
• Preventing Misuse of Laws: Some properties are wrongfully declared as waqf, leading to legal disputes and social tensions.
• Empowering Waqf Tribunals: Giving waqf tribunals more authority and including judicial and religious experts can ensure fair and effective decisions.
• Simplifying Judicial Processes: Alternative Dispute Resolution (ADR) should be adopted to reduce legal disputes related to waqf properties.

Key Provisions of Waqf (Amendment) Bill, 2025

1. Protection and Conditions for “Waqf by User”

   • Protecting Traditionally Used Properties: If a property has been historically used for religious or community purposes, it will be protected as waqf property.
   • Special Rules for Disputed Properties: Disputed properties will not be automatically declared as waqf. Legal processes will determine ownership and use.
   • Mosques and religious sites that have been in use for a long time but lack official documents will now undergo legal scrutiny before being declared as waqf.

2. Non-Muslim Representation in Waqf Boards and Administrative Reforms

   • Ensuring Transparency and Expertise: Non-Muslim members can now be included in Central and State Waqf Boards to bring impartiality and professionalism.
   • The requirement for members of the Central Waqf Council to be Muslim has been removed. Now, Members of Parliament, former judges, and other experts from all communities can be included.
   • Appeals to the High Court: Tribunal decisions can now be challenged in the High Court within 90 days.
   • Composition of Central Waqf Council: At least 2 out of 22 members can be non-Muslims.
   • State Governments can nominate representatives from various communities.
   • At least one member each from the Shia, Sunni, and backward Muslim groups must be included in waqf boards.
   • Two Muslim women members must be appointed to increase women’s representation.

3. Digital Registration and Monitoring of Waqf Properties

   • Centralized Online Portal: All waqf properties must now be digitally registered through a central portal.
   • Survey and Verification: District collectors or senior officers will now conduct waqf property surveys instead of Survey Commissioners.
   • Government Land Exclusion: If a government land was earlier declared as waqf, it will no longer be considered waqf property. The district collector will have the power to decide ownership in disputed cases.
   • Timeframe: Waqf boards must complete property registration within six months, extendable by waqf tribunals.

4. Changes in the Structure of Waqf Tribunals

   • Old Two-Member System Removed: Earlier, waqf tribunals had only two members, limiting their decision-making power.
   • New Structure: Each waqf tribunal will now include:
     • A district judge
     • A joint secretary-level officer
     • A Muslim law expert
   • The bill removes the requirement of a Muslim law expert from waqf tribunals.
   • Now, the tribunal will consist of a district court judge as the chairperson, a joint secretary-level officer, and an administrative member.

5. Impact of the “Limitation Act” on Waqf Properties

   • Section 107 Removed: Now, The Limitation Act, 1963, applies to waqf properties.
   • Adverse Possession Rule: If a person illegally occupies waqf property for 12 years, they can claim legal ownership.
   • Audit of Waqf Institutions: Waqf institutions earning more than ₹1 lakh per year must now be audited by government-appointed auditors to ensure financial accountability.

Benefits of the Waqf Amendment Bill 2025

• Transparency in Records – Digital registration and auditing will ensure transparency. Ownership, use, and financial transactions of Waqf properties will be publicly available, reducing corruption and manipulation.
• Organized Survey of Records – Digital mapping and a centralized data system will speed up the long-pending survey of Waqf properties. This will prevent false ownership claims and unauthorized transfers.
• Protection of Government Land – The bill provides clear guidelines to regulate Waqf claims on government land. This will reduce land disputes and protect public property.
• Protection of Women’s Rights – The bill includes legal aid centers and financial schemes for Muslim women, especially widows and divorced women. This ensures their access to benefits from Waqf properties.
• Control over Waqf Boards – Waqf boards cannot declare a property as Waqf based only on their investigation. Every claim will go through a fair legal process, limiting uncontrolled powers.
• Improved Auditing System – Annual audits will be mandatory to regulate financial transactions and maintain transparency in income and expenditure. This will prevent misuse of funds.
• Better Representation of Stakeholders – The inclusion of all relevant groups in Central Waqf Council and State Waqf Boards will make decision-making more inclusive and effective.
• Increase in Revenue – Preventing unauthorized use and encroachment on Waqf land will increase revenue. More funds can be invested in education, healthcare, and housing for the poor.

Concerns Related to the Waqf (Amendment) Bill 2025

• Appointment of Non-Muslim Members in Waqf Boards – The bill mandates the inclusion of non-Muslim members in State Waqf Boards and the Central Waqf Council. This has caused dissatisfaction in the community. Other religious trusts, such as Hindu and Sikh trusts, usually include only members of their faith. Many Muslims see this as interference in their institutional autonomy.
• Absence of Muslim Law Experts – The bill removes the requirement to include Muslim law experts in Waqf tribunals. This may affect the fair interpretation of Waqf-related cases and judicial decisions.
• Strict Conditions for Creating Waqf – The bill states that only Muslims who have followed Islam for at least five years can dedicate property as Waqf. This condition is unclear and may be discriminatory against recent converts.
• Authority to Decide Property Ownership – The bill gives district collectors, not Waqf tribunals, the power to decide disputes over Waqf properties. Until a decision is made, the property will be considered government land. The Muslim community fears this may be used to weaken Waqf properties and increase government control.

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