Waqf (Amendment) Act, 2025 Explained: Key Provisions, Landmark Judgments, Women’s Rights & Supreme Court Updates (2026)

Reviewed by Rajni Bala, Assistant Professor of Law | Academic Review Panel
Last Updated: May 17, 2026

Key Provisions of the Waqf (Amendment) Act, 2025

The Act introduces major amendments across more than 40 provisions of the original Waqf Act, 1995.

1. Definition and Creation of Waqf (Amended Section 3)

Major Changes

1. Only a Muslim practicing Islam for at least 5 years may create waqf
2. Person must legally own the property being dedicated
3. “Waqf by user” doctrine abolished
4. Waqf-alal-aulad cannot defeat legal inheritance rights
5. Women heirs must receive lawful shares before dedication

Practical Example

If a father attempts to dedicate entire family property as waqf while excluding daughters, the daughters can now claim inheritance rights before the waqf becomes valid.

Social Impact

This amendment attempts to reduce:

1. Patriarchal exclusion
2. Family inheritance disputes
3. Fraudulent oral waqf claims
4. Unverified historical possession claims

2. Survey and Verification of Waqf Properties (Section 4)

Major Changes

1. District Collectors now supervise surveys
2. Revenue records become primary evidence
3. Government property wrongly declared waqf may revert to the State
4. Waqf Board’s unilateral powers reduced

Practical Example

A farmer facing a waqf claim over ancestral agricultural land can now rely upon revenue records before the Collector for verification.

Significance

This provision seeks to resolve thousands of disputed land claims across India.

3. Central Waqf Council Composition (Amended Section 9)

Important Reforms

The Central Waqf Council now includes:

1. Muslim and non-Muslim members
2. Women representatives
3. MPs and experts
4. Wider administrative participation

Key Objective

The government argues that broader representation improves transparency and accountability.

However, critics argue that inclusion of non-Muslim members may interfere with religious autonomy under Article 26.

4. State Waqf Boards (Sections 13–15)

Structural Changes

1. Maximum 11 members
2. Mandatory Muslim women representation
3. Shia and Sunni representation
4. Separate Boards possible for Bohras and Aghakhanis
5. CEO need not necessarily be Muslim

Practical Benefit

These changes aim to reduce sectarian imbalance and administrative favoritism.

5. Waqf Tribunals (Amended Section 83)

Important Changes

1. Tribunal structure simplified
2. District Judge becomes Chairman
3. Appeals allowed before High Court
4. Tribunal decisions no longer absolutely final

Why This Matters

Earlier, litigants often complained that waqf tribunal orders were difficult to challenge.

The amendment improves judicial review and procedural fairness.

6. Registration and Digitization (Sections 30A–30D)

Core Features

1. Mandatory central registration portal
2. Online records and mutation
3. Public notices before registration
4. Digital tracking of waqf assets
5. Limitation Act made applicable

Practical Example

Citizens can now verify whether a property is officially registered as waqf through centralized digital records.

Importance

Digitization may significantly reduce:

1. Fake claims
2. Duplicate registrations
3. Corruption
4. Secret transfers

7. Audits, Encroachments and Penalties

Major Reforms

1. CAG audits permitted
2. Stronger anti-encroachment powers
3. Heavier penalties for illegal occupation
4. Possible imprisonment for serious misuse

Objective

The government claims these reforms will improve welfare spending for:

1. Mosques
2. Madrasas
3. Orphanages
4. Graveyards
5. Charitable institutions