Abstract
The Waqf (Amendment) Act 2025 has a significant role in Indian legal system. It is also known as The Waqf (Amendment) Bill 2025.It becomes a controversial topic In India. This act governs the Waqf property in India. In a literal sense, waqf means detention. It can be said that Waqf is a property that can be used for public welfare. It is a basically form of donation which is used for charitable purposes. The main purposes of this act are efficiency, transparency, protecting, resolving disputes of waqf of property. Another main purpose of this act is improving the status of backward classes and socio-economic development of the Muslim society. This Act made a major change in waqf Governing matter. This bill repeals The Mussulman Waqf Act 1923. The main purpose of this research paper is to understand The Waqf (Amendment) Act 2025.And also this research paper will help in understanding the meaning of Waqf, Mutawalli, the background of this Waqf (Amendment) Act, the major changes in the act, different issues, constitution and legal challenges, case laws related to this matter.
Key words
The Waqf (Amendment) Act 2025, waqf, mutawalli waqf property, The Mussulman Amendment Act 1923, India, constitution, Legal.
Introduction
“Once a Waqf always a Waqf “This legal principal related tom muslim law. The new Act, The Waqf (Amendment) Act 2025 has changed the rigid nature of Waqf property. Now the matter related Waqf become more flexible, transparent and efficient.
The word Waqf came from an Arabic word Which means to link or to tie up. Waqf is a property dedicated to God for religious purpose or Charity by a person. There is different definition of waqf Those are given by many people over the time. Abu Hanifa said, ” The tying up of the substance of a property in the ownership of the wakif and the devotion of the usufruct, amounting to an aryia or Commodate loan, for some charitable purpose. “
In the Shia law, sharia – ul- Islam says, ” A contract, The fruit or effect of which is to tie up the original of a thing and to leave it’s usufruct free. “
According to The Waqf Act 1913, “wakf Means the permanent dedication by a person professing the Mussulman faith of any property for any purposes recognize by Mussulman law as religious, pious or charitable. “
The person, who is a Trustee or a manager and appoint to manage or administrate the waqf, is called mutawalli.
land or assets which are permanently dedicated for religious or charitable purposes according to Muslim law are called Waqf property.
The person who dedicates property or resources for charitable or religious purposes, creating a waqf is called waqif. Once a waqf is made, it becomes inalienable and not subject to sale, gift, inheritance, or encumbrance.
Waqf property can be both movable and immovable. There are also different kinds of waqf. According to the beneficiary type, there are four classifications of Waqf. Those are:
- The charitable Waqf which is also known as al-Waqf al-Khayri.
- The family Waqf which is known as al-Waqf al-Ahli.
- The joint Waqf which is known as al-Waqf al-Mushtarak.
- Self-dedicated Waqf which is also known as al-Waqf ’Ala al-Nafs.
Waqf is also classified in three parts according to the Waqf asset. Those are:
- Property Waqf.
- Corporate Waqf.
- Cash Waqf.
Waqf can also be classified by its nature. Those are:
- Public Waqf.
- Private Waqf.
The Waqf (Amendment) Bill 2025 changes major aspects of waqf related property. This Act regulates all matter related to Waqf property. Mainly Waqf registration, auditing, and accounts, ensuring transparency and accountability. That’s why Waqf (Amendment) Act 2025 also named as United Waqf management, empowerment, efficiency and development act (UMMID).
Background
The Waqf (Amendment) Act 2025 is also known as The Waqf (Amendment) Bill 2025.It has another special name which is United Waqf management, empowerment, efficiency and development act (UMMID). It has a long history. Before the independence, Waqf properties in India have been regulated by several laws. Those are:
- The Mussulman Wakf Validating Act, 1913: This act
Allowed Muslims to create Waqfs for family benefit which leads to charitable purposes. This act Aimed to improve Waqf management.
- The Mussulman Wakf Act, 1923: This Act was brought for proper transparency in Waqf management and property.
- The Mussulman Wakf Validating Act, 1930: This Act was made to make strong the legal validity of family Waqfs.
After independence, many waqf act came into force and made their significant remark. Some of those are:
- The Waqf Act 1954: The first major Waqf law in India was the Waqf Act of 1954. This act was made to regulate and maintain Waqf properties.
- The Waqf Act 1995: After 41 years, The Waqf act 1995 came and repealed the earlier act. It was comprehensive framework for the administration of Waqf properties.
- The Waqf (Amendment) Act, 2013: The Waqf (Amendment) Act 2013 aimed to enhance the functionality of tribunals related to Waqf property disputes and to establish a Central Waqf Council.
Then the another new Waqf act came in 2025.This new act is called The Waqf (amendment) act 2025 or The Waqf (amendment) Bill 2025. It was passed in Rajya Sabha with the voting of 128 members in favour and 95 members in opposition. It was passed in Lok Sabha with 288 votes in favour and 232 against the state. President also passed the bill. But it has been changed by many people including Member of Parliament Asaduddin Owaisi from All India Majlis-e-Ittehadul Muslimeen (AIMIM) and Aam Aadmi Party MLA Amanatullah Khan, The Association for the Protection of Civil Rights; Arshad Madani of the Jamiat Ulama-e-Hind; Congress leaders Imran Masood and Udit Raj; Manoj Kumar Jha of the RJD and many more.
Why There is need of This Act
The Waqf board has the third largest property after Indian Army and Railway. There are 32 Waqf board across the country and union territories. According to official data, the Waqf Board has 8,72,328 immovable and 16,713 moveable properties. There are also registered 3,56,051 Waqf Estates in the Waqf Board. Uttar Pradesh has the largest number of Waqf properties around 27% of the national total with 2,32,547 properties. Other states like West Bengal have 80,480 properties. Punjab has 75,965 properties. Tamil Nadu has 66,092 properties, and Karnataka has 62,830 properties. Gujarat, Telangana, and Kerala have less Waqf properties, with 39,940, 45,682, and 53,282 properties, respectively as compare to other states. Though it has a huge amount of movable and immovable property, The Muslim community still unable to get the proper facility from Waqf property. According to the 15th Census of India, 31 percent of Indian Muslims live in poverty. Another major issue is that previously only waqf board had the power to inquire and determine waqf property by misusing pervious the waqf acts. Some of the cases are:
- Thiruchendurai Village Case: In 2022, The Tamil Nadu Waqf Board claimed ownership of an entire village. Also claimed a 1,500-year-old Sundareswarar Temple, in Thiruchendurai village which is located in Tiruchirapalli district.
- Thiruparankundram Temple Case: The Waqf Board’s claim over the Thirupparankundram temple. Many locals protested again it. The Madras High Court permitted the peaceful protest.
- Kanifnath Temple Case: The Waqf Board claimed 40 acres of land belonging to the Shri Kanifnath Devasthan in Guha taluka of Ahilya Nagar.
- Munambam Land Dispute Case: The Waqf Board claimed the land in Munambam, Kerala.Those who have lived there for nearly 30 years protested against that.
- Mahadev Temple Case: The Waqf Board claimed land around the Mahadev Temple in Wadanage village in Kolhapur, prompting protests from villagers and Hindu organizations.
- Thaliparamba Land Dispute: The Waqf Board claimed to 600 acres of land in Thaliparamba town in Kerala, citing a claim dating back 7,500 years.
- Karnataka Land Notification: The Waqf Board claimed around 1,500 acres of land as waqf property in Vijayapura, Karnataka.
- The Krishna Janmabhoomi Case: the Krishna Janmabhoomi case is also known as the Krishna Janmabhoomi-Shahi Idgah Mosque dispute. There is a dispute between Hindus and waqf board over the ownership of the Shahi Idgah mosque in Mathura, Uttar Pradesh.
It’s not the end. There are 40,951 pending cases in Waqf tribunals related to waqf or waqf property. The government’s Waqf Assets Management System of India (WAMSI) portal has received more than 58,000 complaints mostly related to land disputes.
Before The Waqf (Amendment) Act 2025, there was an Irrevocability of waqf properties. The principal ” Once a waqf always a waqf “late to a huge dispute like illegal occupation of land, mismanagement, ownership dispute, registration, ownership, corruption etc.
In past, people could not appeal against waqf tribunal which leds to injustice to many people. Waqf property relative service very poor and not transparent enough. Most importantly know other religious organisation has been much amount of power as waqf board. That’s why there is a need of The Waqf (amendment) act 2025.
Important provisions
The Waqf (amendment) Act 2025 or united waqf Management empowerment efficiency and development Act (UMMID) brought a significant change in waqf related matter. There are many important provisions. Those changes are:
1. Remove the concept of ‘Waqf by User’:
The Amendment Act removes the concept of ‘Waqf by user’. Waqf by user’ is a land or property which is considered waqf due to its long-term use for religious purposes. It can be recognized as Waqf on the basis of long-standing usage without formal documentation. In previous years, many people misused the power of ‘Waqf by user’. Even supreme court also expressed concern about that matter. But it’s not a part in the new Waqf act.
2. Restrictions on Waqf donations or declarations:
Now the donor must be practicing Muslim religion for at least five years and he must own the property.
3.Inheritance right of female heirs:
Waqf-alal-aulad(family Waqf) cannot deny inheritance right of female heirs. This Act ensures that before declaration of waqf property, female heirs get their rightful inheritance. They shouldn’t get discriminated. This provision save woman from financial unitability of a female Muslim.
4. Non-Muslim Members in Waqf Boards:
Inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards is the one of the major changes in The Waqf (Amendment) Bill 2025. In previously all member of the central Council of Waqf needs to be Muslim and there has to be at least two women. Now in the new act two member must be non-Muslim. MPs, former judges and eminent person doesn’t need to be Muslim. But Representative of Muslim organisation scholars in Islamic law chairperson of waqf board must be Muslim. And there has to be at least two there Muslims.
5.New tribunal composition:
For waqf, dispute Tribunal was handled by a judge including a is state officer (additional magistrate rank) and a Muslim expert. But in the new Waqf (Amendment) Act 2025 Muslim expert are removed from the Tribunal. Now a district court judge (Chairman) and a joint secretary (state government) was included is included.
6. New Appeal process:
In past, Tribunal decision was the final decision. people cannot appeal against the Tribunal decision. Only in some circumstance, people were able to appeal in High Court. But now The Waqf (amendment) Act 2025 totally changed it. Now people can appeal against tribunal in High Court within 90 days.
7.new waqf board composition:
In pass there are up to Two elected Muslim MPs/ MLAs/ Bar Council member. There was At least two female members. Now State government nominate Members Those members include Two non-Muslim members (At least one member from each Sia, Sunni, backward classes of Muslim), And one member from Borha and agakhani community. And there must be two Muslim female members.
8. Clear provision for dispute between Government and waqf property:
The Waqf (Amendment) Act 2025 Makes a clear provision for solving dispute between Government and waqf property. In previous time, there wasn’t any clear probation related to waqf property. Now if there is any dispute between Government and waqf property, Disputes will be resolved by the collector who will submit a report to the state government.
9. Clear provision for dispute between Government and waqf property:
Now Central government has more power related to waqf property. Now Central government has the power to make registration, publication of account of waqf, publication of proceeding waqf board and audit all these by the help of CAG (comptroller and auditor general) or a designated officer.
10. Survey process of waqf:
According to The Waqf (Amendment) Bill 2025, Now collector has the power to survey as per the state revenue laws. This Act also mandates that senior officers, including District Collectors can conduct surveys in cases of disputed government ownership.
11. Separate waqf boards for sects:
In previous, there will be a separate waqf board for shia and sunni only if shia waqf constitute more than 15 percent of all waqf property or that state waqf property. But according to The Waqf (Amendment) Act 2025, Separate waqf sects are allowed for Bohra and Agakhani sects along with Shia and Sunni sects.
12.Addition of limitation Act 1963:
By the help of The Waqf (Amendment) Bill 2025, The limitation act 1963 will be applicable on Waqf property. This provision made a significant change in Waqf related properties.
Controversy and Legal Debate Over the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025 has facing huge controversy because of new provisions. Though this act is made for efficiency, transparency, protecting, resolving disputes of waqf property, improving the status of backward classes and socioeconomic development of the Muslim society. But many people are arguing that it violates constitutional rights (Article 25, Article 26, Article 30) and hurting religious sentiment of Muslim people. The protest has reached the Supreme Court. It has been changed by many people including Member of Parliament Asaduddin Owaisi from All India Majlis-e-Ittehadul Muslimeen (AIMIM) and Aam Aadmi Party MLA Amanatullah Khan, The Association for the Protection of Civil Rights; Arshad Madani of the Jamiat Ulama-e-Hind; Congress leaders Imran Masood and Udit Raj; Manoj Kumar Jha of the RJD and many more. After passing There waqf (Amendment) Act 2025, a record number of over 65 petitions from politicians, civil organisations and advocates were filed at the Supreme Court challenging the Act. There are many protests going on against The Waqf (Amendment) Act 2025, in various states, including Karnataka, West Bengal, Jammu and Kashmir, and Maharashtra. In Karnataka, over 100,000 Muslims protested against it . In West Bengal protests ended up into violence in Murshidabad. Many Hindu family are homeless because of this violence. The Supreme Court has expressed concern over violence related to protests against the Act. The supreme Court says that violence is “very disturbing” when the matter is before the court.
Suggestion
The Waqf (Amendment) Act 2025 also known as United Waqf management, empowerment, efficiency and development act (UMMID). Its main aim is to improve the management and governance of Waqf properties in Bharat. Here some suggestion for Waqf amendment Act 2025:
Digitization:
There should be digitization of records which will increase transparency and accountability in waqf administration. To ensure this portal shall provide real-time, publicly accessible information on the status, location, and financial aspects of Waqf properties. For example, the WAMSI portal which is a step in this direction.
Transparent audits:
There should be regular and transparent audit reports. That should be publicly available on the central portal. This measure will help in transparency.
Improved Utilization of Waqf Revenue:
There should clearer guideline how to use Waqf revenue. Those revenue should be used in proper way and also for social economic development for Muslim community. Social economic development like educational institutions, healthcare facilities, and poverty alleviation programs, while adhering to the original intent of the Waqf.
Strengthening the Waqf Tribunals:
This app shoots more focus on surrendering the waqf tribunals. Ensure that the Waqf Tribunals are adequately staffed with members with judicial expertise which will facilitate the speedy resolution of disputes related to Waqf properties.
Inclusivity and Representation:
Though he Act already includes non-Muslim members and women on the Waqf Boards, it should be checked that the nomination process for these members is fair and transparent, bringing in individuals with relevant expertise with having a m of improving these to social status of Muslim community.
Addressing Historical Issues:
This Act should learn from Previous mistake and try to do betterment of the waqf of property and Muslim Community.
Stricter Measures Against Misuse of waqf property:
There should be strict measure against misuse of waqf property. They should Implement more stringent penalties for the encroachment, illegal transfer, or misuse of Waqf properties.
Technology-Driven Solutions:
There should be Technology driving solution related to waqf disputes. This act should more focus on enhancing Technology in the management of Waqf records, making them more accessible and transparent.
These suggestions aim to build upon the framework of The Waqf (Amendment) Act 2025 to make the management of Waqf properties more transparent, efficient, and beneficial for the Muslim community and improving the betterment of the Muslim community.
Conclusion
The Waqf Amendment Act 2023 makes a huge significant change in Waqf related properties. The main aim of this act is to create efficiency, transparency, protecting, resolving disputes of waqf of property. Another main aim of this act is improving the status of backward classes and socio-economic development of the Muslim society by adding various new provisions. Some of those provisions are Removing the concept of ‘Waqf by User’, Restricting on Waqf donations or declarations, giving Inheritance right of female heirs, Having Non-Muslim Members in Waqf Boards, New tribunal composition, New Appeal process, new waqf board composition, having Clear provision for dispute between Government and waqf property, having Clear provision for dispute between Government and waqf property, Clear provision for dispute between Government and waqf property, Survey process of waqf ,Separate waqf boards for sects, applicability of Limitation Act 1963 and many more. Though there are many controversies and dispute against this act, The Waqf (Amendment) Act 2025 has a great importance in Indian legal system.
