In India, the Waqf Act governs the administration of Waqf properties—endowments made under Islamic law for religious, charitable, or private purposes. These properties, dedicated to God, are inalienable and meant to serve community welfare, such as funding mosques, schools, or hospitals. The Waqf (Amendment) Act, 2025, also known as the Unified Management Empowerment Efficiency and Development (UMEED) Act, has introduced significant reforms to the Waqf Act of 1995, sparking debates about transparency, inclusivity, and religious autonomy. This blog explores the Waqf Act’s origins, its 2025 amendments, key provisions, controversies, and implications for India’s Muslim community and beyond.
What is Waqf?
Waqf, rooted in Islamic jurisprudence, refers to the permanent dedication of movable or immovable property for pious, religious, or charitable purposes. Once declared Waqf, a property cannot be sold, gifted, or inherited, and its benefits are directed to the specified purpose. In India, Waqf properties include mosques, graveyards, schools, and hospitals, managed by State Waqf Boards and overseen by the Central Waqf Council. As of 2025, India has approximately 872,351 Waqf properties spanning over 940,000 acres, valued at an estimated $14.22 billion.
Historical Context of the Waqf Act
The regulation of Waqf in India dates back to the Mussalman Waqf Act of 1923, which aimed to ensure proper administration of Waqf properties. The Waqf Act of 1954 and its major revision in 1995 established a structured framework, creating State Waqf Boards and the Central Waqf Council to manage these assets. The 2013 amendments introduced measures to curb encroachments and enhance oversight but faced criticism for inefficiencies. Persistent issues like mismanagement, corruption, and land disputes—such as the Karnataka Waqf Board Land Scam—prompted calls for reform, culminating in the Waqf (Amendment) Act, 2025.
Key Provisions of the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, introduced in the Lok Sabha on August 8, 2024, and enacted in April 2025 following heated parliamentary discussions, aims to improve transparency, accountability, and inclusivity in Waqf administration. Here are its key provisions:
- Renaming to UMEED Act: The Act renames the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, emphasizing streamlined governance.
- Inclusion of Non-Muslims: For the first time, Waqf Boards and the Central Waqf Council must include at least two non-Muslim members to promote transparency, though this has raised concerns about community autonomy.
- Gender and Sectarian Inclusivity: The Act mandates at least two Muslim women on the Central Waqf Council and State Waqf Boards and ensures representation from diverse Muslim sects, such as Sunni, Shia, Bohra, and Aghakhani, as well as backward classes.
- Removal of ‘Waqf by User’: The provision allowing properties to be designated as Waqf based on long-term religious use has been eliminated, though existing Waqf-by-user properties registered before the Act remain valid unless disputed with the government.
- Centralized Registration System: A digital portal for Waqf property registration and management aims to improve record-keeping, with a six-month deadline for uploading details (extendable by Waqf Tribunals).
- Deletion of Section 40: Waqf Boards can no longer unilaterally declare properties as Waqf, curbing arbitrary claims that led to disputes, such as the Tamil Nadu case where an entire village, including a 1,500-year-old Hindu temple, was claimed by the Waqf Board.
- Enhanced Dispute Resolution: District Collectors or senior officers arbitrate disputes over Waqf versus government land, and Waqf Tribunals now include a District Judge, a Joint Secretary-level officer, and an Islamic law expert, with appeals allowed to High Courts within 90 days.
- Protection for Women and Orphans: The Act safeguards women’s inheritance rights, ensuring Waqf Act declarations do not override legal entitlements, and promotes welfare programs for widows and divorced women.
- Mandatory Audits: Entities with incomes above ₹1 lakh must undergo annual audits, subject to scrutiny by the Comptroller and Auditor General (CAG).
- Application of Limitation Act: The Limitation Act, 1963, now applies, setting a 12-year cap on Waqf property claims to reduce prolonged litigation.
Controversies and Criticisms
The Waqf (Amendment) Act, 2025, has ignited significant controversy, with supporters and critics voicing starkly different perspectives:
- Supporters’ View: The government, led by the Bharatiya Janata Party (BJP), argues that the Act addresses long-standing issues like corruption, mismanagement, and illegal occupation of Waqf properties (58,898 properties are reportedly encroached upon). Minister Kiren Rijiju emphasized benefits for poor Muslims, citing the Act’s focus on transparency and inclusivity. The Dawoodi Bohra community, among others, has praised the reforms as meeting long-pending demands.
- Critics’ Concerns: Opposition parties, including Congress, AIMIM, and the All India Muslim Personal Law Board, label the Act as “anti-Muslim” and unconstitutional, arguing it violates Article 26, which guarantees religious communities the right to manage their affairs. Critics, including MP Asaduddin Owaisi, fear the inclusion of non-Muslims and increased government oversight could erode Muslim autonomy and target Waqf properties. The removal of ‘Waqf by user’ is seen as potentially destabilizing existing Waqf designations.
- Legal Challenges: On April 4, 2025, multiple petitions, including those by Owaisi, Congress MP Mohammad Jawed, and Jamiat Ulama-e-Hind, challenged the Act’s constitutionality in the Supreme Court. The court, under Chief Justice Sanjiv Khanna, clubbed these under “In re: Waqf (Amendment) Act 2025” and ordered no denotification of Waqf properties or appointments to Waqf Boards until May 5, 2025, pending further hearings. Six BJP-ruled states, including Haryana and Assam, have supported the Act’s constitutionality.
Implications and the Road Ahead
The Waqf (Amendment) Act, 2025, represents a bold attempt to modernize Waqf administration, addressing issues like opaque land records (over 2 lakh properties lacked digital records) and disputes that have fueled community tensions. Its focus on digitization, inclusivity, and legal safeguards aims to align Waqf management with constitutional principles of transparency and equality. However, the Act’s success hinges on balancing state oversight with religious autonomy, a challenge underscored by ongoing Supreme Court hearings and public protests, notably in West Bengal’s Muslim-majority districts.
The Act’s provisions, such as mandatory audits and centralized registration, could unlock the potential of Waqf properties to fund education, healthcare, and women’s empowerment programs. Yet, critics warn that excessive government control risks alienating the Muslim community and setting a precedent for regulating other religious endowments. The Supreme Court’s upcoming rulings will likely clarify the Act’s constitutional validity and its impact on India’s secular framework.
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The Waqf (Amendment) Act, 2025, is a landmark reform with far-reaching implications for India’s 872,351 Waqf properties and the communities they serve. By tackling mismanagement and promoting inclusivity, it aims to empower marginalized groups while ensuring accountability. However, its contentious provisions have sparked a broader debate about religious autonomy and state intervention. As India navigates these reforms, inclusive dialogue and vigilant implementation will be crucial to ensuring that the Waqf Act upholds both justice and constitutional values. For the latest updates, follow the Supreme Court hearings and official government portals like minorityaffairs.gov.in.
