Published On: September 27th 2025
Authored By: Shivani Verma
INTRODUCTION
Waqf is an Islamic practice dedicated to religious and charitable purposes. The concept of waqf originated in the 7th century CE and represents one of the most important branches of Muslim law, arising with the advent of Islamic jurisprudence. While the Quran does not explicitly discuss waqf, Islamic jurists developed this concept as a fundamental component of Muslim law.
Under Muslim law, waqf means the dedication of property to the implied ownership of Almighty God such that its benefits may be applied for the welfare of His creatures. The literal meaning of waqf encompasses “detention,” “stoppage,” or “tying up.” Technically, it represents a perpetual dedication of specific property for pious purposes or a succession of pious purposes.
Waqf property, whether movable or immovable, is dedicated by an individual (known as the wakif) in the name of Almighty God for religious and charitable purposes. Once dedicated, such property cannot be sold or mortgaged. Islamic law presumes that property used as a place of worship for an extended period constitutes waqf property. According to Muslim jurists, waqf properties serve the social and economic development of the Muslim community.
Waqf properties are managed by Mutawallis, also known as governors, superintendents, or curators. However, legally, the waqf properties do not belong to the Mutawallis. These administrators are accountable to state waqf boards and central council boards. Currently, over 30 state waqf boards manage waqf properties throughout India, with specialized tribunals established to resolve waqf-related disputes.
HISTORY OF WAQF LAWS IN INDIA
The waqf system was introduced to India during the Delhi Sultanate period, when kings and nobles granted land to mosques, dargahs, schools, and other public institutions. The British colonial administration initially remained unfamiliar with the waqf system, as it differed significantly from English legal concepts. Consequently, in 1913, the British passed the Mussalman Waqf Validating Act to formally recognize waqf properties.
Following India’s independence, the government enacted new waqf legislation in 1954. The current framework was established through the Waqf Act of 1995, which empowered state waqf boards and created waqf tribunals. Subsequent major changes included the Waqf Amendment Bill of 2013, prompted by the Sachar Committee’s analysis of the social, economic, and educational conditions of Muslims.
The Sachar Committee’s report on the status and potential of waqf properties revealed several concerning findings. In 2006, India had 4.9 lakh registered waqf properties covering approximately 6 lakh acres, with a market value of around ₹1.2 lakh crores and a book value of ₹6,000 crores. Despite these vast holdings, the properties generated only 2.7% income relative to their potential economic contribution, highlighting significant underutilization and mismanagement.
Based on these findings, the Waqf Amendment Act of 2013 was passed with the following key recommendations:
- Stricter rules for improved management
- Digital record-keeping systems
- Enhanced powers to waqf tribunals
- Women’s representation in governance
- Timely property surveys
- Inclusion of non-Muslim professionals for better property management
CHANGES IN THE WAQF AMENDMENT BILL, 2025
Despite multiple amendments to waqf laws, several controversies persisted in the existing framework. On August 8, 2024, the Waqf Amendment Bill 2024 and the Mussalman Waqf (Repeal) Bill 2024 were introduced in Parliament. However, these amendments faced significant criticism and were subsequently referred to the Joint Parliamentary Committee. The committee’s recommendations were incorporated into the Waqf Amendment Bill 2025, which includes the following changes:
- Elimination of Waqf by User
Previously, mosques and dargahs were treated as waqf properties if used for religious purposes over extended periods without formal documentation. The 2025 amendment requires that only written and registered waqfs will be legally recognized.
- Religious Qualification for Waqf Practice
Only individuals who have been practicing Islam for at least five years may establish waqf properties. This provision maintains the existing restriction preventing non-Muslims from practicing waqf.
- Appointment of District Collectors
To ensure transparency and accountability, District Collectors are appointed to conduct surveys of waqf properties. These officials are responsible for maintaining digital records of all waqf properties within their jurisdiction.
- Protection of Women’s and Children’s Rights
Before establishing any waqf property, the rights of women and children must be secured. The amendment specifically addresses waqf-alal-aulad to prevent its misuse in disinheriting rightful female heirs.
- Non-Muslim Board Membership
Two non-Muslim members will be appointed as officers to state waqf boards and central waqf boards. Their roles are limited to administrative matters and exclude involvement in religious decisions.
- Comprehensive Digital Record-Keeping
All waqf properties must be digitally recorded and uploaded to a central portal, ensuring transparency and accessibility of information.
- Restructured Tribunal System
Non-Muslims may now be appointed as Muslim law experts in tribunals. Additionally, tribunals must be headed by district court judges, enhancing their judicial authority.
- Non-Muslim CEOs
The amendment permits non-Muslims to serve as Chief Executive Officers of waqf boards, eliminating religion-based recruitment restrictions.
- Tribal Land Protection
Waqf establishment on tribal lands is prohibited, protecting tribal communities from potential land disputes.
- Application of Limitation Act 1963
Time limitations are now imposed for filing claims and cases related to waqf properties, providing legal certainty and preventing indefinite litigation.
The legislative process involved consultation with representatives from state governments and 25 state waqf boards. The Lok Sabha passed the Waqf Amendment Bill on April 3, 2025, followed by the Rajya Sabha on April 4, 2025, after 14 hours of parliamentary debate.
ISSUES ADDRESSED BY THE WAQF AMENDMENT BILL 2025
The government identified several critical issues necessitating the 2025 amendments:
- Limited diversity in waqf board and central waqf council composition
- Extensive misuse of power by Mutawallis
- Inadequate property account maintenance
- Unclear registration and title declaration procedures for waqf properties
The amendment aims to enhance transparency in waqf property administration. However, opposition parties have criticized the bill, alleging it seeks to reduce Muslims to “second-class citizens” and questioning both its content and underlying intent.
Opposition leaders have raised specific concerns. Dr. Syed Nasser Hussain of the Congress described the bill as misleading and designed for communal polarization. Tiruchi Siva of the DMK opposed the legislation, claiming it targets a specific community and violates secular and constitutional principles. Mohammad Nadimul argued that the bill infringes upon fundamental rights.
The Waqf Amendment Act 2025 became effective on April 8, 2025, and is being implemented across all states. However, the West Bengal Chief Minister has declared that the state will not implement the amendment.
LIMITATIONS AND CRITICISMS OF THE WAQF AMENDMENT ACT 2025
The Waqf Amendment Bill 2025 has generated significant controversy, facing criticism from opposition political parties, Muslim organizations, and legal experts. Muslim leaders contend that the government is infringing upon their personal beliefs and rights. The main limitations include:
- Non-Muslim Representation Concerns
Critics argue that including non-Muslim representatives in state waqf boards and the central waqf council undermines religious autonomy. The Muslim Personal Law Board maintains that waqf properties should be managed exclusively by Muslims in accordance with Islamic principles.
- Potential Misuse of Powers
The bill grants discretionary authority to District Collectors for property classification, raising concerns about potential misuse of valuable waqf properties for governmental purposes.
- Formal Documentation Requirements
The requirement for formal documentation eliminates the concept of “waqf by user,” potentially resulting in the loss of numerous historically significant waqf properties that lack written records.
- Religious Autonomy Concerns
Critics argue that the bill threatens the autonomy of waqf institutions and various Islamic organizations while infringing upon the religious beliefs of the Muslim community.
RELEVANT CASE LAW
Sayyed Ali & Ors. v. Andhra Pradesh Waqf Board (1998) 2 SCC 642
The Supreme Court established that once property becomes waqf, it remains waqf in perpetuity. This precedent is particularly relevant given the elimination of “waqf by user” provisions.
Ramesh Gobindram v. Sugra Humayun Mirza Waqf (2010) 8 SCC 726
The Supreme Court held that civil courts cannot interfere in waqf property disputes, establishing exclusive jurisdiction for waqf tribunals in settling such matters.
Abdul Rahim v. Sk. Abdul Zabar (2009) 6 SCC 160
This case established the requirement that waqf properties must be properly documented and registered in official records.
CONCLUSION
The Waqf Amendment Act 2025 represents a significant legislative intervention in the governance and administration of waqf properties in India. While the government positions these changes as necessary reforms to address transparency and management issues, the amendments have generated substantial controversy within the Muslim community and among opposition political parties.
The tension between administrative efficiency and religious autonomy remains a central challenge in implementing these reforms. As the legislation takes effect across most Indian states, its practical impact on waqf property management and community relations will require careful monitoring to ensure that both governmental oversight objectives and religious community rights are appropriately balanced.
REFERENCES
Books
Ahmad, Aaqil. Mohammedan Law. Central Law Agency, p. 295. ISBN: 9392140518.
Government Sources
News on Air. “Waqf Amendment Bill 2025 Passed.” April 5, 2025. www.newssonair.gov.in.
Newspaper Sources
The Hindu. “Parliamentary Debate on Waqf Amendment.” April 5, 2025.
Hindustan Times. “Waqf Amendment Implementation.” April 7, 2025.
Statutes
The Muslim Personal Law (Shariat) Act, 1937. Waqf Act, 1995. Limitation Act, 1963.
Case Law
Sayyed Ali & Ors. v. Andhra Pradesh Waqf Board, (1998) 2 SCC 642.
Ramesh Gobindram v. Sugra Humayun Mirza Waqf, (2010) 8 SCC 726.
Abdul Rahim v. Sk. Abdul Zabar, (2009) 6 SCC 160.
