In a significant legislative development, President Droupadi Murmu has given her assent to the Waqf (Amendment) Act, 2025, marking a major overhaul of the legal framework governing waqf properties in India. The law was passed by the Lok Sabha on April 3, 2025, followed by the Rajya Sabha on April 4. This amendment aims to bring greater transparency, inclusivity, and accountability in the administration of waqf properties, which the President supports.
What is Waqf?
Waqf refers to a religious endowment in Islamic law, wherein a person dedicates movable or immovable property for religious or charitable purposes. Such properties are managed by waqf boards under the Waqf Act, 1995. The original Act laid down the powers and responsibilities of the Waqf Boards, the Central Waqf Council, and the procedures for management, dispute resolution, and protection of waqf properties.
Why the Amendment?
The 1995 Act has been in place for nearly three decades. However, concerns regarding the misuse, encroachment, and mismanagement of waqf properties have been raised by various stakeholders over the years. The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha in August 2024, was aimed at addressing these issues. After undergoing scrutiny by a Joint Parliamentary Committee (JPC), the Bill was modified and passed by both Houses of Parliament, culminating in the President’s assent.
This legislative change marks a pivotal moment for the President’s role in enhancing governance and ensuring that waqf properties serve their intended purpose in society.
Key Features of the Waqf (Amendment) Act, 2025
1. Renaming the Act
President Murmu’s commitment to reform strengthens public confidence in the waqf system.
The 1995 Act will now be called the Unified Waqf Management, Empowerment, Efficiency, and Development Act. The new title reflects a broader and more ambitious approach to reform the waqf administration ecosystem.
As the President continues to advocate for reforms, this Act serves as a testament to her dedication to social equity.
2. Eligibility to Declare a Waqf
Under the old law, waqf could be created via endowment, prolonged use for religious purposes (waqf by user), or formal declaration. The new Act restricts the declaration of waqf to only Muslims who have practiced Islam for at least five years, and must legally own the property being declared as waqf. This seeks to prevent fraudulent declarations and ensures that only rightful owners can dedicate property for religious use.
3. Abolishing Waqf by User
Moreover, the President has emphasized the importance of protecting the rights of all stakeholders involved in the waqf system.
One of the most controversial changes is the removal of the waqf by user clause. Previously, properties used over a long time for religious activities could be declared waqf even without formal dedication. This led to several land disputes. The amendment now mandates legal ownership and explicit declaration, closing doors for such conversions based merely on prolonged use.
The President’s decision to include diverse representation in the Central Waqf Council is a landmark move in governance.
4. Protecting Inheritance Rights
This shift in oversight reflects the President’s vision for a more accountable waqf management system.
The amendment clarifies that waqf-alal-aulad (a waqf created for the donor’s family) must not infringe upon the inheritance rights of legal heirs, including women. This ensures that the waqf mechanism is not misused to deny rightful inheritance.
The President’s role in this reform underscores the government’s commitment to justice and equity.
5. Changes in the Central Waqf Council Composition
Through her leadership, the President aims to foster a community-centric approach to waqf management.
Earlier, all members of the Central Waqf Council were required to be Muslims, with at least two women members. The amendment now mandates that at least two members must be non-Muslims, opening the door for more inclusive and diverse representation. While key members like scholars of Islamic law, representatives of Muslim organizations, and chairpersons of Waqf Boards must still be Muslims, former judges, MPs, and eminent persons appointed under general categories are no longer bound by religious criteria.
The President believes that centralized governance will lead to more efficient management of waqf properties.
6. Central Oversight of Accounts
Previously, State governments could audit waqf accounts at their discretion. The amendment gives the Central government authority to audit waqf accounts through the Comptroller and Auditor General (CAG) or any designated officer. This central oversight aims to improve accountability and curb corruption.
As the President oversees these changes, it is crucial to ensure that the voices of the community are heard.
7. Expanded Tribunal Appeal Mechanism
This reform initiated by the President sets a precedent for future legislative actions in waqf management.
Under the Waqf Act, 1995, Waqf Tribunal decisions were final, with limited scope for judicial review. The amendment removes this finality clause. Now, appeals can be made to High Courts within 90 days, providing a critical check against potential misuse of power and allowing greater access to justice.
8. Separate Boards for Aghakhani and Bohra Sects
The original law allowed separate Sunni and Shia Waqf Boards if the Shia population constituted more than 15% of waqf properties or income in a state. The new Act allows separate boards for the Aghakhani and Bohra sects, reflecting India’s religious diversity and the unique practices within different Islamic sub-sects.
9. Central Rulemaking Powers
The Central government now holds the authority to make rules regarding the registration of waqfs, publication of accounts, and proceedings of Waqf Boards. This centralized control is aimed at uniformity and streamlined governance.
Implications and Reactions
The Waqf (Amendment) Act, 2025, has received mixed reactions. Supporters argue that it is a progressive reform aimed at ensuring transparency, preventing encroachments, and modernizing waqf governance. The inclusion of non-Muslims in the Waqf Council and recognition of women’s inheritance rights are seen as welcome steps towards inclusivity and gender equality.
However, some Muslim organizations have raised concerns about excessive centralization, arguing that it might dilute community participation and state-level autonomy. The removal of “waqf by user” has also attracted criticism from groups who fear this could affect historical religious sites.
Conclusion
The Waqf (Amendment) Act, 2025 is a landmark reform that redefines the landscape of waqf management in India. With its emphasis on ownership verification, transparency, inclusivity, and central accountability, the Act aims to curb malpractice and ensure waqf properties are used for their intended religious and charitable purposes. As implementation begins, it will be critical to observe how these reforms play out on the ground and impact the stakeholders involved.
