The Waqf (Amendment) Act, 2025 was introduced in the Indian Lok Sabha on 8 August 2024. It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995. The Act regulates waqf property in India. 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. An appeal process is also included, allowing 90 days to challenge decisions made by Waqf tribunals before the High Court.
History
Inception: Muslim period of rule of India and Waqf
The first waqf in the Indian subcontinent was documented in the 12th century when Muhammad Ghori, after his victory over Prithviraj Chauhan, established Muslim period of rule in India and a waqf with two villages through a recorded grant. Under the Delhi Sultanate, Waqf properties expanded, with sultans like Iltutmish, Muhammad bin Tughlaq and Alauddin Khilji establishing and maintaining them. The Mughal Empire furthered Waqf development, with Akbar and Shah Jahan endowing significant properties, including the Taj Mahal. The system's reach extended into rural areas with Muslim community expansion and conversions. Funding for Waqf was generated through the revenue of endowed properties, and were utilised for mosques and madrasas. Waqf system gained a more formal modern legal structure during British rule in the Indian subcontinent under the still applicable Indian laws when Waqf Boards were formed in 1913. Mussalman Waqf act 1923 was established for the purpose of advising it on matters pertaining to the working of the State Waqf Boards and proper administration of the Waqfs in the country. Waqf is a permanent donation of movable or immovable properties for religious purposes without any intention of reclaiming it as recognised by Muslim Law. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.
2025 waqf amendment
Reforms in Waqf regulation and legislations has been a big topic in recent decades in Indian politics and media, with the Bharatiya Janata Party making promises of doing it several times in their electoral manifestoes. Controversies, including corruption and land grabbing such as Karnataka Wakf Board Land Scam, issues led to the introduction of "The Waqf (Amendment) Bill, 2024" which was passed in 2025 to introduce transparency and accountability in Waqf. In 2024, the Government of India had introduced the Waqf Amendment Bill proposing over forty changes to the existing legislation. However, the bill has been heavily criticised and opposed by Muslims.
Prior to amendment in 2025, the 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. For amending the waqf laws, a 31-member JPC had been established to review the Waqf (Amendment) Bill, 2024. The committee comprised 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by Minister of Minority Affairs Kiren Rijiju on 9 August 2024. Some rounds of the JPC meetings were boycotted by few members from opposition parties. During the consultation process on the Waqf (Amendment) Bill, 2024, several civil society organizations, political representatives, and religious institutions submitted memoranda to the Joint Parliamentary Committee, raising concerns regarding the proposed amendments. Notable submissions were received from the Indian Union Muslim League (Kerala), Dr. Shafiqur Rahman Barq (Member of Parliament, Lok Sabha), Anjuman Waqf Committee (Uttar Pradesh), and the Act Public Welfare Foundation (Serial No. 377, page 863).
Overview of the 2025 Waqf Act
Key features of 2025 Waqf Act
Renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. Formation of waqf and eligibility, The Act allows waqf to be formed by (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practising Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor's heir including women heirs. Omitting the provisions relating to the “waqf by user”. Survey Commissioner Functions: Providing the functions of the Survey Commissioner to the Collector or any other officer not below the rank of Deputy Collector duly nominated by the Collector for the survey of waqf properties. Inclusivity and women's empowerment: Providing for a broad-based composition of the world Waqf Council and the State Waqf Boards and ensuring the representation of Muslim women and non-Muslims. Separate board for sects to empower diversity of faith: Providing for establishment of separate Board of Auqaf for Boharas and Aghakhanis. Providing for representation of Shia, Sunni, Bohra, Agakhani and other backward classes among Muslim communities. Streamlining Registration/Database of waqfs through a central portal and database. Legalised mutation process: Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property. Tribunal Reform and Appeals: Reforming the Tribunal structure with two members and providing for appeals against the orders of the Tribunal to the High Court within a specified period of ninety days. Limitation Act: Omission of section 107 so as to make the Limitation Act, 1963 applicable to any action under the Act; and omission of sections 108 and 108A relating to special provision as to evacuee waqf properties and Act to have overriding effect.
Policy justifications for 2025 Waqf Act
The government while proposing the legislation asserted that The Waqf (Amendment) Bill 2025 established a secular, transparent and accountable system for Waqf administration in India. Although Waqf properties served religious & charitable purposes, their management involved significant legal, financial & administrative responsibilities that necessitated structured governance & oversight. The roles of Waqf Boards and the Central Waqf Council were defined as regulatory rather than religious, focused on ensuring legal compliance & protecting the public interest.
Policymakers argued that existing legal and institutional frameworks had hindered Waqf institutions from effectively serving the welfare needs of underprivileged members of the community. In response, the 2025 amendment aimed to enhance transparency, efficiency and inclusivity while aligning Waqf governance with constitutional values. By introducing checks & balances, empowering stakeholders and improving institutional accountability, the Bill was positioned as a progressive step toward equitable and effective Waqf management in India. The government outlined several policy justifications for these reforms, emphasizing their alignment with broader goals of social justice & constitutional governance. Institutional Transparency and Digital Governance: The Act mandates the digitization and centralized registration of all Waqf properties within six months. This initiative aims to rectify historical issues of mismanagement and opacity in Waqf administration. By creating a centralized digital portal, the government seeks to facilitate real-time monitoring, prevent unauthorized transactions and ensure that revenue generated from Waqf properties is used exclusively for community welfare. This reform is expected to curb corruption & financial irregularities, thereby improving overall governance. Provision for surveys and audits is also proposed. Legal Clarity and Prevention of Unlawful Claims: The amendment abolishes the 'waqf-by-user' doctrine and prohibits the unilateral declaration of any land including that belonging to government as Waqf property. These provisions are designed said to reduce land disputes that have led to extended litigation across various states. For instance, cases such as the land ownership conflict in Tamil Nadu have drawn national attention. By introducing stricter guidelines and eliminating arbitrary claims, the amendment aims to safeguard property rights & uphold the integrity of Waqf assets. Promoting Gender Equality: The Act ensures representation of Muslim women on Waqf boards and protects inheritance rights, aligning with constitutional values of equality and justice. The amendment also prioritizes the welfare of Muslim women, particularly widows and divorced women, by promoting self-help groups and financial independence programs. It ensures representation of women in Waqf Boards and supports initiatives such as scholarships for Muslim girls, vocational training programs and legal aid centers for inheritance disputes & domestic violence cases. By empowering women, the bill seeks to make Waqf governance more inclusive and responsive to community needs. Gender Representation and Women's Empowerment: The Act introduces provisions for the representation of Muslim women on Waqf Boards that the government said is in line with constitutional commitments to equality and justice. It also supports welfare measures including scholarships for girls, vocational training, self-help groups, and legal aid services. These initiatives seek to empower Muslim women who are widows and divorcees by enhancing their participation in community governance and promoting financial independence. Inclusive Representation and Community Participation: To democratize Waqf administration, this Act mandates representation from diverse Muslim sects including Bohra and Aghakhani communities and members from socially and economically backward classes. Additionally, two non-Muslim professionals with expertise in administration or law are to be included on the State and Central Waqf Boards. This is intended to foster a more inclusive and accountable governance structure. Public Health and Medical Welfare Initiatives: The amendment encourages the allocation of Waqf resources towards the establishment and support of healthcare facilities particularly in the underserved regions. By improving the efficiency of property management, this Act enables the redirection of funds toward building health institutions and toward providing subsidized medical aid in areas with limited healthcare infrastructure. Educational Upliftment and Skill Development: Recognizing the role of education in socio-economic upliftment, the Act prioritizes the construction & maintenance of educational institutions including schools and madrassas. It also provides for scholarships, financial aid and the development of vocational training centres aimed at equipping youth with employable skills. Affordable Housing and Social Welfare Infrastructure: The Act allows Waqf Boards to utilize underused or idle properties for affordable housing initiatives. These include low-cost rental programs, shelters for the homeless & housing projects for the economically weaker sections within the community. This is intended to reduce housing insecurity while ensuring productive use of Waqf assets for the needy.