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The Waqf (Amendment) Act, 2025

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Waqf (Amendment) Act, 2025
Parliament of India
  • An Act further to amend the Waqf Act, 1995.
Territorial extent Republic of India
Passed byLok Sabha
Passed3 April 2025 (2025-04-03)
Passed byRajya Sabha
Passed4 April 2025 (2025-04-04)
Assented to byDroupadi Murmu President of India
Assented to5 April 2025
Commenced8 April 2025
Legislative history
First chamber: Lok Sabha
Bill titleWaqf (Amendment) Bill, 2024
Bill citationBill No. 109 of 2024
Introduced byKiren Rijiju (BJP)
(Minister of Minority Affairs)
Introduced8 August 2024 (2024-08-08)
First reading9 August 2024 (2024-08-09)
Considered in committee30 January 2025[a]
Second reading2 April 2025 (2025-04-02)
Passed3 April 2025
Voting summary
  • 288 voted for
  • 232 voted against
  • None abstained
Second chamber: Rajya Sabha
First reading4 April 2025
Passed4 April 2025
Voting summary
  • 128 voted for
  • 95 voted against
  • None abstained
Amends
Waqf Act, 1995
Status: In force

The Waqf (Amendment) Act, 2025[1] was introduced in the Indian Lok Sabha on 8 August 2024.[2][3][4] It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995.[5] 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 decisions made by Waqf tribunals to be challenged in the High Court within 90 days.[6] The validity of the act is challenged by CPI general secretary D Raja.[7]

Background

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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.

History

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The first waqf in the Indian subcontinent was documented in the 12th century when Muhammad Ghori, after his victory over Prithviraj Chauhan, established Muslim 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 villages, which were often predominantly Hindu villages, and were utilised for mosques and madrasas.[8][9][10] 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.[11][12][13][14][15]

Development

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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,[8][9][10] led to the introduction of "The Waqf (Amendment) Bill, 2024" which was passed in 2025 to introduce transparency and accountability in Waqf.[16] Waqf land in India has expanded dramatically to encompass 870,000 properties worth ₹100,000 crore (US$12 billion) covering a total of 940,000 acres (3,808 sq km) making waqf third-biggest property-holders in India after the Indian Railways and the Indian Armed Forces, a growth facilitated by subsequent Muslim rulers and politicians. The 2006 Sachar Committee found waqf assets were undervalued and mismanaged, estimating 4.9 lakh properties worth Rs 6,000 crore but generating only Rs 163 crore in income. It highlighted issues like poor governance and recommended reforms in management and oversight.[17][18] Controversies have arisen from unchecked land grab and the rapid growth of Waqf holdings, exemplified by the case of entire predominantly Hindu village of Thiruchenthurai in Tiruchirapalli district of Tamil Nadu, including the 1,500-year-old Sundareswarar Temple, claimed by the Tamil Nadu Waqf Board, leaving residents bewildered and the nation angry because the waqf properties are irrevocable and immune to sale or transfer under the law, thus giving rise to the demand of amendment or revocation of waqf system and laws.[8][9][10][16]

Comparative perspective: Waqf in Islamic countries

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In April 2025, journalist and author Afroz Alam Sahil published an article following his visit to Turkey, in which he refuted claims made by certain Indian legislators that Islamic countries such as Turkey lack a waqf system. Sahil documented that Turkey not only retains its waqf system but actively promotes it through state-backed institutions like the Vakıflar Genel Müdürlüğü (Directorate General of Foundations), which operates under the Ministry of Culture and Tourism. He noted that the Turkish waqf system supports various aspects of public welfare—including education, healthcare, environmental protection, and preservation of religious heritage—while also encompassing minority waqf. Sahil contrasted this with the Indian context, where waqf properties have often been associated with administrative challenges and political controversies. His observations served as a factual counterpoint to political narratives in India that cite the supposed absence of waqf systems in Muslim-majority countries as justification for stricter regulation.[19]

Fact-checking platforms have also highlighted that countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq maintain waqf institutions or government bodies tasked with managing endowments and related affairs. For example, Egypt has a Ministry of Endowments, Libya and Sudan have dedicated government departments for waqf, and Turkey has maintained and modernized its waqf structures over time. While Tunisia had abolished its waqf system in the past, discussions on its revival have continued. Thus, the claim that Islamic countries have done away with waqf systems has been widely challenged and debunked.[20]

Turkey categorizes its waqf properties into five main types: Mazbūt (registered), mülhak (annexed), irsādī (state-established), new waqf, and minority waqf. The Mazbūt waqf are managed directly by the General Directorate of Foundations, and the revenues are used for various charitable activities, including Quran recitation, scholarships, social welfare programs, and healthcare services.[19]

Overview

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  • 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”.
  • 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.
  • 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.
  • 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 the manner of registration of waqfs through a central portal and database.
  • Providing for a detailed procedure for mutation as per revenue laws with due notice to all concerned before recording any property as waqf property.
  • 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.
  • 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.
  • Renaming of the Waqf Act, 1995 as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.

Joint Parliamentary Committee

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A 31-member JPC[21] 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 MoMA Kiren Rijiju on 9 August 2024. Some rounds of the JPC meetings were boycotted by few members from opposition parties.[22][23]

Criticism

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Critics, including opposition parties, have raised concerns about the bill's constitutional validity and its potential impact on minority rights. Such concerns include:[24][25][26]

  • Inclusion of Non-Muslim members in Waqf Boards undermines the religious autonomy of these boards and violates constitutional protections for minority institutions.
  • The proposed removal of the ‘Waqf by User’ provision arbitrarily excludes potential donors, particularly recent converts who may wish to endow property for religious or charitable purposes.
  • The bill empowers district collectors to determine ownership of disputed waqf properties, shifting authority from Waqf boards to government-appointed officials. This raises concerns about potential misuse of power and political interference.
  • The bill proposes to repeal Section 107 of the Waqf Act, 1995, thereby making the Limitation Act, 1963 applicable to waqf properties. Critics argue that this move would severely hamper the ability of Waqf Boards to reclaim encroached properties. Without the exemption, individuals who have illegally occupied waqf land for over 12 years could claim ownership through adverse possession, effectively legitimizing illegal encroachments and weakening protections for community-held religious assets.


Some argue that it could lead to government overreach in the management of Waqf properties. The government has defended the bill, stating that it aims to bring transparency and accountability to the management of Waqf properties. Home Minister Amit Shah emphasised that the bill does not encroach upon religious practices but seeks to ensure proper utilisation of these charitable endowments.[27][28]

Digitisation issues

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Despite the government's claims, RTI findings by journalist Afroz Alam Sahil revealed serious inconsistencies in the Waqf digitisation process managed through the WAMSI portal. Data for over 435,000 properties was missing, large portions of funds remained underutilised, and no audits had been carried out. Sahil also pointed out discrepancies between official records and ground realities, including mismatched figures on graveyards and other properties, raising significant concerns about transparency, accuracy, and the long-term effectiveness of the digitisation initiative.[29]

Court Appeals

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Congress MP Mohammad Jawed and AIMIM chief Asaduddin Owaisi separately challenged the Waqf (Amendment) Act 2025 in the Supreme Court on April 4, 2025.[30] The Communist Party of India (CPI) also approached the Supreme Court, challenging the constitutional validity of the Waqf (Amendment) Act, 2025.[31]

Protests

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Several protests occurred across India when the bill was amended into an act. Violent protests also erupted in places such as West Bengal's Murshidabad and Tripura's Unakoti.[32][33]

International

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March for Gaza

On 12 April 2025, the March for Gaza, held in the capital of Bangladesh, characterized it as part of a broader pattern of Muslim displacement in India. Participants called on the Organisation of Islamic Cooperation (OIC) and Muslim-majority countries to issue strong protests and adopt a coordinated diplomatic response.[34]

Reactions

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On 24 March 2025, the Imarat-e-Shariah, along with six other Muslim organisations, boycotted the iftar hosted by Bihar Chief Minister Nitish Kumar in protest against the Waqf Bill. This marked a rare political statement from the religious body, expressing dissatisfaction with the government's stance on the legislation.[35]

On 27 March 2025, the All India Muslim Personal Law Board (AIMPLB) launched a nationwide protest against the Waqf (Amendment) Bill, calling it "unconstitutional and undemocratic". The Board stated that the Bill undermines minority rights and announced a series of protests across Indian cities, including Patna, Vijayawada, Hyderabad, and Mumbai.[36][37]

On 17 April 2025, a Dawoodi Bohra community delegation expressed gratitude to Prime Minister Narendra Modi for the passage of the Waqf (Amendment) Act, fulfilling a long-standing demand.[38] However, The Waqf Amendment Bill has sparked intense opposition from the All India Shia Personal Law Board calling it as "Not right".[39][40]


See also

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Notes

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  1. ^ Final report recommended by Joint Parliamentary Committee was submitted to the Speaker of Lok Sabha.

References

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 This article incorporates text by PRS Legislative Research available under the CC BY 4.0 license.

  1. ^ "Waqf Amendment Bill 2024" (PDF). pib.gov.in.
  2. ^ "Centre introduces Waqf Amendment Bill 2024: What is the bill about, key features and more". Business Today. 8 August 2024. Archived from the original on 9 August 2024. Retrieved 9 August 2024.
  3. ^ "Waqf Act Amendment Bill: NDA allies JD(U) and TDP support Waqf Bill for transparency, not interference with mosques, in Lok Sabha". The Hindu. 8 August 2024.
  4. ^ "Waqf Bill referred to joint parliamentary panel after Opposition calls it 'draconian' and an attack on the Constitution". The Hindu. 8 August 2024. Archived from the original on 9 August 2024. Retrieved 9 August 2024.
  5. ^ "Government introduces bill to repeal Mussalman Wakf Act, 1923". ANI News. 8 August 2024. Retrieved 9 August 2024.
  6. ^ India’s progressive Waqf bill outpaces Western ‘liberal’ and Muslim-majority countries, sundayguardianlive.com, 2 April 2025.
  7. ^ "CPI moves SC challenging constitutional validity of Waqf (Amendment) Act". Deccan Herald. Press Trust of India. 14 April 2025.
  8. ^ a b c Waqf land in India grew from 2 villages gifted by invader Ghori to 9.4 lakh acre, India Today, 29 Nov 2024.
  9. ^ a b c Waqf through the ages: How Rs 1-lakh crore property owner board acquires land and what the govt aims to change, Economic Times, 8 Aug 2024.
  10. ^ a b c TOI Explains: Bid to introduce transparency and accountability in waqfs, Times of India, 8 Aug 2024.
  11. ^ Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN 981-3016-07-8.
  12. ^ Gupta, K.R.; Amita Gupta (2006). Concise encyclopaedia of India, (Volume 1). Atlantic Publishers. p. 191. ISBN 81-269-0637-5.
  13. ^ "EXPLAINED: What is a Waqf board, and what are its governing principles?". www.timesnownews.com. 17 October 2019. Retrieved 9 April 2022.
  14. ^ "Explained: How a waqf is created, and the laws that govern such properties". The Indian Express. 17 October 2019. Retrieved 9 April 2022.
  15. ^ "Waqf board handles Muslim rulers' property | India News - Times of India". The Times of India. 2 October 2010. Retrieved 9 April 2022.
  16. ^ a b Lok Sabha passes The Waqf (Amendment) Bill, 2025, The Hindu, 3 April 2025.
  17. ^ Ali, Balhasan (5 April 2025). "Waqf must hold up promise of development". The New Indian Express. Retrieved 6 April 2025.
  18. ^ "Indian parliament's lower house passes controversial Muslim endowments bill". www.aljazeera.com. 3 April 2025. Retrieved 6 April 2025.
  19. ^ a b Sahil, Afroz Alam (16 April 2025). "Turkey's Living Waqf Legacy Challenges BJP's 'No Waqf Anywhere' Claim". The Wire. Retrieved 16 April 2025.
  20. ^ Bhattacharya, Oishani (14 October 2024). "Countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria etc do have Waqf; Sambit Patra's claim in LS false". Alt News. Retrieved 17 April 2025.
  21. ^ "21 Lok Sabha MPs on Waqf bill panel, here's who is on it". India Today. 9 August 2024. Archived from the original on 9 August 2024. Retrieved 9 August 2024.
  22. ^ Chatterjee, Shrabana (7 November 2024). "Opposition members will boycott next JPC meeting: Trinamool Congress MP Kalyan Banerjee". The Hindu. ISSN 0971-751X. Retrieved 6 April 2025.
  23. ^ "Waqf (Amendment) Bill: Lok Sabha adopts motion naming 21 members for joint panel on Waqf Bill; will have 10 MPs from Rajya Sabha". The Hindu. 9 August 2024. Archived from the original on 9 August 2024. Retrieved 9 August 2024.
  24. ^ Peerzada, Rutba; Mutahhar Amin, Muhammad (26 December 2024). "(wl-3755)-Waqf Amendment Bill 2024: Transparency, Communalism and Authority". Economic & Political Weekly. 60 (1). doi:10.71279/epw.v60i1.42070. ISSN 2349-8846.
  25. ^ "Waqf Amendment Bill: Top 5 Critical Issues". Jagranjosh.com. 2 April 2025. Retrieved 6 April 2025.
  26. ^ "What Concerns About the Waqf Amendment Bill Does the JPC's Report Identify?". thewire.in. Retrieved 6 April 2025.
  27. ^ "Waqf Bill controversy explained: Why is opposition opposing it and what's the government's clarification?". Financialexpress. 13 February 2025. Retrieved 6 April 2025.
  28. ^ "Waqf Bill now an Act after Presidential assent". Waqf Bill now an Act after Presidential assent. Retrieved 6 April 2025.
  29. ^ Sahil, Afroz Alam (2 January 2025). "RTIs on Digitisation of Waqf Assets Expose Inconsistencies, Incomplete Data; Govt Yet to Take Action". The Wire. Retrieved 16 April 2025.
  30. ^ Rajagopal, Krishnadas (4 April 2025). "Congress MP Mohammed Jawed, AIMIM leader Asaduddin Owaisi move Supreme Court against Waqf Bill". The Hindu. ISSN 0971-751X. Retrieved 4 April 2025.
  31. ^ "CPI moves SC challenging constitutional validity of Waqf (Amendment) Act". The Hindu. PTI. 14 April 2025. ISSN 0971-751X. Retrieved 14 April 2025.
  32. ^ "Waqf protests spiral in Murshidabad, 3 killed; court orders deployment of central forces". The Indian Express. 12 April 2025. Retrieved 12 April 2025.
  33. ^ "Anti-Waqf Act protests in Tripura turns violent, 18 police personnel injured". The Times of India. 12 April 2025. ISSN 0971-8257. Retrieved 12 April 2025.
  34. ^ "What message was conveyed by the 'March for Gaza' program?". BBC Bangla. 12 April 2025.
  35. ^ Singh, Santosh (24 March 2025). "Bihar Muslim body announces boycott of Nitish Kumar's Iftaar over Waqf Bill, Congress comes to his defence". The Indian Express. Retrieved 18 April 2025.
  36. ^ Mojib, Imran (27 March 2025). "Waqf Bill protests rock Patna from streets to the House". The Statesman. Retrieved 18 April 2025.
  37. ^ "Will lead nationwide movement against Waqf Act until law repealed: AIMPLB". Business Standard. 6 April 2025. Retrieved 7 April 2025.
  38. ^ "Dawoodi Bohra community thanks Modi for bringing Waqf (Amendment) Act". The Hindu. 17 April 2025. Retrieved 18 April 2025.
  39. ^ "Shia Personal Law Board May Approach Supreme Court Over Waqf Amendment Bill". www.ndtv.com. Retrieved 18 April 2025.
  40. ^ "Shia Personal Law Board May Approach Supreme Court Over Waqf Amendment Bill - UTV". 14 February 2025. Retrieved 18 April 2025.
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