Waqf Act 2025 – Key Changes Introduced

Introduction

In April 2025, the Parliament of India passed the Waqf Amendment Bill 2025 which was tabled by the Union Minister for Minority Affairs Kiren Rijiju. Initially introduced in 2024, the Bill was sent to a Joint Parliamentary Committee chaired by Member of Parliament Jagdambika Pal to amend the Waqf Act 1995 which is the primary legislation governing the administration of waqf properties in the country.

Waqf refers to a property donated by Muslims for a specific religious, charitable, or private purpose. Ownership of the property is considered to belong to God, while its benefits are directed to the specified purposes.

Notable Amendments Introduced

The Amendment Bill has brought in the following amendments:

1. Retention of “Waqf by User Doctrine” – The Bill has eliminated the idea of “waqf by user,” a theory derived from Islamic legal traditions that acknowledged properties as philanthropic or religious endowments as long as they were continuously used by the community, even without official certification. In the past, many mosques, cemeteries, shrines, and other places of worship were founded by oral tradition or custom, and their waqf status was validated by generations of public use.

As a result, the amended Bill now makes it clear that “waqf by user” assets that were registered on or before the law’s passage will continue to be recognized as government land unless they are challenged or proven to be otherwise. In actuality, the government has forbidden the doctrine’s applicability to upcoming land claims while keeping it in place for cases from the past.

2. Inclusion of Non – Muslims – The Central Waqf Council, State Waqf Boards, and Waqf tribunals are among the important waqf institutions to which the new Bill permits the appointment of non-Muslims. It requires that at least two non-Muslim individuals be on the State Waqf Boards and the Central Waqf Council.

Furthermore, it is no longer necessary for the chief executive officer of a waqf board to be a Muslim. Additionally, the makeup of waqf tribunals has been changed, increasing from two to three members. A district judge, a Joint Secretary – level State Government official, and a specialist in Muslim law and jurisprudence will now be included in each tribunal. Additionally, the Bill makes it clear that tribunals established prior to the law’s passage will remain in operation until the terms of their chairperson and members are completed.

This move has however been heavily criticised by opposition parties citing interference in minority religious institutions. The government has noted that such steps have been taken merely for administrative convenience and do not intend to breach the independence of minority religious institutions.

3. Increased Government Oversight and Surveys – District collectors or officers of a similar status were permitted to examine waqf holdings under the original version of the bill. The revised Bill, however, now requires senior authorities higher than district collectors to carry out these surveys in light of the JPC’s recommendations, especially when government ownership is contested.

Furthermore, the 1995 Act’s waqf tribunals are replaced by these senior government officials as the ultimate arbiters in these disputes under the amended Bill. Additionally, it prevents a property from being classified as waqf until the officer has submitted a final report. The officer is required to notify the State government and amend revenue records if they conclude that a piece of property is government property. The Waqf Board will then receive instructions from the government to update its records appropriately.

4. Registration Portals – The updated Bill keeps the provisions for creating a centralized registration system in order to improve the accuracy of waqf property data. According to this method, within six months after the law’s passage, all data pertaining to waqf properties must be posted to a specific portal. Furthermore, all new waqf property registrations must be sent to the appropriate Waqf Boards only via this platform. The amended Bill, however, makes a concession that permits the relevant waqf tribunal to prolong the six-month deadline. The tribunal may grant an extension for a period of time it determines suitable if a muttawali (custodian) files an application proving sufficient cause for not filing the property data within the allotted time.

5. Applicability of Limitation Act – In order to make the Limitation Act, 1963 (1963 Act) inapplicable to waqf assets, the Bill aims to remove Section 107 of the 1995 Act. Notably, the previous iteration of the Bill omitted this clause. A statutory prohibition on starting legal action after a specified amount of time is imposed by the 1963 Act. Waqf boards were essentially exempted from the 12-year statute of limitations for reclaiming encroached properties by Section 107.

6. Judicial Review – The revised Bill eliminates the finality of waqf tribunal rulings while maintaining provisions that allow for court intervention in waqf issues. After obtaining the tribunal’s conclusion, aggrieved parties have ninety days to file an appeal directly with the relevant High Court. This clause is said to improve judicial supervision and prevent Waqf Boards or tribunals from arbitrarily using their authority.

The Bill, in particular, prohibits courts from considering lawsuits pertaining to the enforcement of any right unless the waqf property in question has been registered within six months of the law’s enactment. Only if the court determines that there was “sufficient cause” for the delay will an exception be allowed.

Conclusion

The Waqf Amendment Bill is a significant move towards modernization and organization of waqf properties across the country which has aimed to increase oversight and transparency in administration of properties of waqf board in the country and prevent abuse and mismanagement of resources. The Bill has also included numerous new dimensions to the law bringing it to the ambit of a better jurisprudence and governance. However there are numerous criticisms by various stakeholders of the parliament and elected representatives regarding the autonomy of the act. The entire success of this legislation therefore depends upon its application within the constitutional mandates and boundaries of the law.

King Stubb & Kasiva,
Advocates & Attorneys

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