The Waqf (Amendment) Bill, 2025: A Synopsis with Political Reactions
What is Waqf?
The term Waqf originates from an Arabic word meaning "to stop" or "to restrain." In Islamic law, it refers to a voluntary, permanent, and irrevocable dedication of a portion of one’s wealth or property for religious or charitable purposes. Once declared as Waqf by a donor (known as a waqif), the asset is considered the property of Allah and cannot be sold, gifted, or inherited. It must be used to serve public welfare or family needs in accordance with Islamic charitable principles.
Waqf assets fall into two main categories:
- Movable Waqf: These include financial assets like cash, shares, or other valuables that can be used to fund institutions such as madrasahs (Islamic schools), mosques, or cultural centers.
- Immovable Waqf: This covers land or buildings, such as mosques and madrasahs themselves, which are dedicated for public use. These spaces often serve as shelters or community hubs for the underprivileged, referred to as the mawquf 'alayh (beneficiaries).
The Waqf (Amendment) Bill, 2025 is an attempt to modernize and streamline the administration of Waqf properties in India. It seeks to fix critical gaps in the existing Waqf Act, 1995, enhance transparency, and ensure inclusivity in the management of these religious endowments. In parallel, the Mussalman Wakf (Repeal) Bill, 2025 aims to scrap the outdated Mussalman Wakf Act, 1923, establishing a unified legal framework under the updated Waqf Act.
Need for reform
Over the years, Waqf property management has faced multiple issues—legal disputes, record-keeping, etc.. Major problems included:
- Irrevocability of Waqf Properties: The principle "once a waqf, always a waqf" has triggered legal disputes, such as in the Bet Dwarka case.
- Legal Confusion and Mismanagement: Illegal encroachments, mismanagement, and ownership disputes have plagued the system.
- Lack of Judicial Oversight: Tribunal decisions couldn’t be appealed in higher courts, leading to reduced accountability.
- Incomplete Surveys: Surveys in many states have either been delayed or not started at all.
- Abuse of Powers: Section 40 of the Waqf Act has often been misused to wrongly label private properties as Waqf, leading to social unrest.
- Constitutional Questions: The Waqf Act applies only to Muslims, raising concerns about religious neutrality and legal parity. A PIL in the Delhi High Court has challenged its constitutionality.
What the Amendment Bill Brings
The Waqf (Amendment) Bill 2025 introduces a wide range of changes:
Feature | Waqf Act, 1995 | Waqf (Amendment) Bill, 2025 |
Act Name | Waqf Act, 1995 | Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025 |
Formation of Waqf | Allowed via user declaration, or endowment | Removes "waqf by user"; only by declaration or endowment; donors must be practicing Muslims for at least 5 years |
Inheritance Rights | No clear protection | Female heirs must be given inheritance under waqf-alal-aulad |
Govt Property as Waqf | Not specified | Government land cannot be declared as Waqf: Disputes be resolved by the Collector. |
Determining Waqf Property | Waqf Board had powers | Power withdrawn; ownership disputes referred to revenue authorities |
Waqf Surveys | Done by commissioners | Collectors will conduct surveys using revenue laws; pending surveys be mandated |
Central Waqf Council | All members must be Muslims | Allows two non-Muslim members, scholars; requires inclusion of two Muslim women, MPs, former judges (need not be Muslims), representatives of Muslim Organisations, and chairpersons of Waqf Boards. |
Waqf Boards Composition | Elected Muslim members only with at least two female members | State Govt. can nominate one person from each background. The Board includes two non-Muslims, representatives of Shia, Sunni, Bohra, and Agakhani communities, two women Muslim members |
Tribunal Decisions | Not appealable | High Court appeals allowed within 90 days |
Central Oversight | State-led audits | Central Government may frame rules; CAG (Comptroller and Auditor General) audits allowed |
Separate Waqf Boards | Only for Sunni/Shia | Includes Bohra and Agakhani sects, along with Shia and Sunni sects |
Views of the Opposition Leaders
The opposition believes that the bill is “unconstitutional” and “divisive”.
Mallikarjun Kharge, Leader of Opposition in Rajya Sabha:
Kharge said,” The ruling BJP is trying to snatch the rights of minorities. They got 288 votes and 232 in opposition. This means there are gaps and deficiencies in this Bill. They are bulldozing it through”. He said, “you are not working towards the economic welfare of minorities. You stopped five schemes, Maulana Azad scheme, free coaching, support for students, scheme for providing education in madrasas”.
Mehbooba, PDP chief:
On the Waqf Bill, Mehbooba Mufti says, “Since the BJP came to power in 2014, something or the sort has been happening against Muslims. Lynching, demolition of mosques, and bulldozer actions are happening, now they are trying to overpower Waqf.
M.K. Stalin, Chief Minister, Tamilnadu
Tamil Nadu Chief Minister M K Stalin on Wednesday wrote to Prime Minister Narendra Modi seeking the withdrawal of the Waqf (Amendment) Bill, 2024.
Shashi Tharoor, MP, Congress:
Shashi Tharoor said that the Opposition wanted a “moderate solution”. He said that all parties want the rights of the Muslim community should be protected.
Abu Asim Azmi, Samajwadi Party:
Asim Azmi claims that the government has its eyes on the Waqf properties and injustice is being done to the Muslims and that his party will “always oppose the Bill”.
Gurmeet Singh Meet Hayer, AAP MP:
Gurmeet Singh said that through the Waqf Amendment Bill, the government had “opened a way against all the communities”.
Venugopal, Congress leader
Venugopal argued that the bill lacked proper consultation and should be reconsidered to allow members to propose changes.
