The Waqf (Amendment) Act, 2025

Posted On - 8 May, 2025 • By - Padma Priya

Introduction

Indian Lok Saba on 8 August 2024, seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995. The Act regulates waqf property in Indian. The act renames the Act to United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995).

The amendment incorporates 25 recommendations from the Joint Parliamentary Committee (JPC), aims for the removal of inequality, introduction of gender equality by mandating representation of at least two Muslim women on the Central Waqf Council and State Waqf Boards and ensuring female inheritance rights, and promotion of sectarian inclusivity by requiring representation from various Muslim sects on State Waqf Boards. The act empowers the Central Government to create rules for Waqf registration, auditing, and accounts, ensuring transparency and accountability.

Background

Waqf Act 1995 was the last act which was regulating waqf properties in India prior to its renaming in 2025 and defines Waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf.

Amendment: Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025.
The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995 to fix issues in the management of Waqf properties. The proposed changes focus on:

  • Overcoming the shortcomings of the previous act and enhancing the efficiency of Waqf boards
  • Updating the definitions of waqf
  • Improving the registration process
  • Increasing the role of technology in managing Waqf records​.

The Mussalman Wakf (Repeal) Bill, 2025 seeks to remove the outdated Mussalman Wakf Act, 1923, which is no longer effective for modern India. The repeal will:

  • Ensure uniform rules for managing Waqf properties under the Waqf Act, 1995.
  • Improve transparency and accountability in Waqf management.
  • Eliminate confusion and legal contradictions caused by the old law.

Major issues:

Irrevocability of Waqf Properties

  • The principle “once a waqf, always a waqf” has led to disputes, such as claims over islands in Bet Dwarka, which have been deemed perplexing by courts as well.

Legal Disputes & Poor Management: The Waqf Act, 1995, and its 2013 amendment have not been effective. Some problems include:

  • Illegal occupation of Waqf land
  • Mismanagement and ownership disputes
  • Delays in property registration and surveys
  • Large-scale litigation cases and complaints to the Ministry

No Judicial Oversight

  • Decisions by Waqf Tribunals cannot be challenged in higher courts.
  • This reduces transparency and accountability in Waqf management.

Incomplete Survey of Waqf Properties

  • The Survey Commissioner’s work has been poor, leading to delays.
  • In states like Gujarat and Uttarakhand, surveys have not even started.
  • In Uttar Pradesh, a survey ordered in 2014 is still pending.
  • Lack of expertise and poor coordination with the Revenue Department have slowed the registration process.

Misuse of Waqf Laws

  • Some State Waqf Boards have misused their powers, leading to community tensions.
  • Section 40 of the Waqf Act has been widely misused to declare private properties as Waqf properties, causing legal battles and unrest.
  • As per information out of 30 States/UTs, data was given only by 8 States where 515 properties have been declared as Waqf under Section 40. 

Constitutional Validity of the Waqf Act

  • The Waqf Act applies only to one religion, while no similar law exists for others.
  • A PIL (Public Interest Litigation) has been filed in the Delhi High Court, questioning whether the Waqf Act is constitutional. The Delhi High Court has asked the Central Government to respond to this issue.

Conclusion

The Waqf (Amendment) Bill, 2025, introduces significant reforms aimed at enhancing the governance, transparency, and efficiency of waqf property management in India. By addressing long-standing issues such as litigation and the lack of judicial oversight, the Bill seeks to create a more structured and accountable framework. Key changes include redefining the formation of waqf, improving the survey and registration process, empowering government oversight, ensuring inclusivity by incorporating non-Muslim members and women into waqf-related bodies. These provisions mark a crucial step toward modernizing Waqf property management in India.