Waqf (Amendment) Act, 2025
In India’s diverse social fabric, waqf properties—permanent endowments for religious, pious, or charitable purposes under Muslim law—play a pivotal role in community welfare, managing mosques, madrasas, orphanages, and graveyards across 9.4 lakh acres. The Waqf (Amendment) Act, 2025, renaming the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995, introduces sweeping reforms for transparency, digitization, and accountability. Passed amid controversies over encroachments and corruption, it repeals the Mussalman Wakf Act, 1923, and empowers District Collectors while mandating inclusivity. However, the Supreme Court stayed key provisions on September 15, 2025, balancing religious autonomy (Article 26) with public interest. This Act addresses social inequities like women’s inheritance denial and land grabs, fostering equitable management in a pluralistic society.
Historical Development
Waqf’s roots trace to 12th-century Islamic invasions, with Muhammad Ghori endowing lands post-victories, expanding under Delhi Sultans (Iltutmish’s mosques) and Mughals (Taj Mahal as waqf). British formalized oversight via 1913 Waqf Boards and Mussalman Wakf Act, 1923, tackling mismanagement.
Post-1947, Waqf Act, 1954, centralized boards; 1995 Act enhanced registration but fueled disputes—waqf holdings ballooned to 8.7 lakh properties (₹1 lakh crore value) via “waqf by user” (long possession implying dedication). Scams erupted: Karnataka Waqf Board claimed 1 lakh acres illegally (2024); Kerala’s Munambam (600 acres Hindu village); Tamil Nadu’s Thiruchenthurai temple village. Sachar Committee (2006) flagged undervaluation; RTI exposed 59,000 encroachments, 13,200 litigations.
Bill introduced August 8, 2024 (Kiren Rijiju); JPC (31 members) incorporated 25 suggestions; Lok Sabha passed April 3, 2025 (288-232); Rajya Sabha April 4 (128-95); Presidential assent April 5; notified April 8, codified July 5. SC challenges led to partial stay, reflecting social tensions between reform and religious rights.
Key Sections and Provisions of the Waqf (Amendment) Act, 2025
The Act amends 40+ sections of 1995 law, prioritizing digitization (central portal), audits (CAG), women’s rights, and Collector-led surveys. Core changes, with practical examples:
1. Definition and Creation of Waqf (Amends Section 3) Limits to declaration by Muslims practicing Islam ≥5 years owning the property; abolishes “waqf by user”; waqf-alal-aulad must not deny heirs (esp. women) inheritance. Example: A recent convert cannot dedicate land; in a family dispute, daughters retain shares before waqf, preventing patriarchal denial—resolving cases like UP siblings’ inheritance battles.
2. Survey and Verification (Substitutes Section 4) District Collector (or Deputy) conducts surveys using revenue laws; govt-identified waqf land reverts to state. Removes Board’s unilateral inquiry (Section 40). Example: Karnataka farmer’s 2-acre plot claimed waqf (via user)—Collector verifies records, rules for owner if pre-1923 docs prove private, freeing 5,900 disputed govt sites.
3. Central Waqf Council Composition (Amends Section 9) 22 members: Adds 2 non-Muslims; MPs/judges/eminent persons need not be Muslim; 2 Muslim women mandated. Example: Diverse panel audits Delhi Waqf Board, curbing nepotism in fund allocation for 1,000+ madrasas.
4. State Waqf Boards (Amends Section 13–15) Max 11 nominated members (state govt): 2 non-Muslims, 1 each Shia/Sunni/Backward Muslim, 2 Muslim women; separate boards for Bohras/Aghakhanis if ≥15% waqfs. CEO any officer (not Muslim-only). Example: Maharashtra Board includes Shia rep for sectarian equity, resolving Sunni-Shia tomb disputes via balanced decisions.
5. Waqf Tribunals (Amends Section 83) 2 members: District Judge (Chairman) + Joint Secretary; removes Muslim law expert; appeals to High Court (90 days), no finality. Example: Tamil Nadu tenant eviction—appeal overturns Tribunal bias, protecting 10,000 litigated leases.
6. Registration and Digitization (New Sections 30A–30D) Mandatory central portal; mutation per revenue laws with notices; Limitation Act applies (omits Section 107). Example: UP mosque registration digitized—RTI tracks ₹500 crore funds, preventing siphoning for personal gain.
7. Audits and Penalties (Amends Sections 77, 108) CAG audits; stricter fines for encroachment (up to 10 years jail). Example: Haryana imam fined ₹5 lakh for renting waqf shop privately—funds redirected to orphanages.
These streamline 50% “unknown” properties, empowering marginalized Muslims socially.
Key Landmark Judgements
Pre-2025 Waqf Rulings Shaping Reforms: 1. Board of Wakf, West Bengal v. Anis Fatma (2010): SC upheld waqf-alal-aulad validity sans deed if intent clear, but stressed women’s shares—paved for 2025 inheritance safeguards. 2. Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010): Limited Board’s Section 40 power; can’t claim without evidence—curbed land grabs, inspiring Collector role. 3. Karnataka Wakf Board v. State (2024, implied SC oversight): Exposed scam; SC urged digitization—direct trigger for Act.
On 2025 Act: 4. In Re: Waqf (Amendment) Act, 2025 (W.P. 276/2025, Sep 15, 2025): 5-judge bench (CJ Khanna) refused full stay (presumed constitutional) but halted: waqf-by-user abolition, non-Muslim appointments, denotifications, fresh writs. Next hearing pending; govt assured no changes till then. Upheld intent for transparency. 5. Kerala HC: Munambam Case (Oct 2025): Ruled 1950 “gift” deed sham; evicted waqf claim on village—reinforced Act’s verification.
These affirm equity over unchecked claims.
Conclusion
The Waqf (Amendment) Act, 2025, transforms opaque waqf management into a transparent, inclusive system, reclaiming encroached lands for community welfare while upholding women’s rights in joint family settings. From Mughal endowments to digital portals, it resolves scams plaguing 2% litigated properties, boosting ₹1 lakh crore assets’ yield. Despite SC stays on contentious clauses amid Article 26 challenges, its core—Collector surveys, audits—promises social harmony, curbing “land mafia” in diverse India. Future verdicts will refine it, but reforms signal progress: empowered Muslims, protected minorities, united nation. Stakeholders: Register via portal; challenge via High Court for swift justice.
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