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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 reading3 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] 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.[17]

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.[18][19] 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.[20]

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.[21]

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.[20]

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[22] 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.[23][24]

Stakeholder submissions

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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).[25]

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:[26][27][28]

  • 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.[29][30]

According to a report by The New York Times, the Waqf Amendment Bill 2024 allows the appointment of non-Muslims to the panels administering Waqf Boards and empowers state officials to adjudicate disputes. The article states that the bill was passed after parliamentary debate, with the government arguing that the changes were necessary to improve efficiency, ensure accountability, and prevent abuse. The report also notes that while the constitution protects the rights of religious groups to manage their own affairs, critics argue that the bill could provide a legal basis for targeting the Muslim community. It includes the view of Imran Pratapgarhi, a Member of Parliament from the Indian National Congress, who expressed concern over the bill’s potential impact on Muslim religious properties.[31]

The BBC reports that the Waqf Amendment Act 2025 has removed the provision of "waqf by user", which previously allowed properties to be recognised as waqf if they had been used for religious or charitable purposes by Muslims over time. According to the article, this has raised concerns among critics that many such properties—often orally donated and without written deeds—may no longer be classified as waqf. The law has led to protests, and several petitions have been filed in the Supreme Court challenging its provisions. Critics argue that the changes could lead to the loss of existing waqf properties and increase litigation.[32]

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.[33]

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 of India on April 4, 2025.[34][35][36] The Communist Party of India (CPI) also filed a petition contesting the constitutional validity of the Act.[37]

Subsequently, multiple other petitions were filed by the All India Muslim Personal Law Board, Jamiat Ulama-e-Hind, DMK, and several other Members of Parliament and religious organizations.[38] On April 17, 2025, the Supreme Court clubbed all these petitions under the title “In re: Waqf (Amendment) Act 2025” and directed the Union government to file a consolidated reply within one week. The court also ordered that no waqf property—whether registered, unregistered, or waqf by user—be denotified, altered, or interfered with until the next hearing.[39][40]

During the Supreme Court hearing on the Waqf (Amendment) Act, 2025, Solicitor General Tushar Mehta, representing the central government, assured the court that no waqf property would be denotified and no appointments would be made to the Central Waqf Council or State Waqf Boards until 5 May. He argued that interim relief should not be granted without hearing the government's position on a law passed by Parliament. The court recorded the assurance and granted the government one week to file its response.[41]

Protests

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Main article: Murshidabad violence

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.[42][43] In Murshidabad, the protests resulted in multiple casualties and arrests, prompting the Calcutta High Court to order the deployment of the Border Security Force. Officials stated the paramilitary presence was to assist local police in restoring law and order.[44]

Many Muslim organisations, including the All India Muslim Personal Law Board (AIMPLB), staged demonstrations in Delhi, Kolkata and other cities, calling the bill discriminatory and unconstitutional. Critics, including the AIMPLB, several Muslim bodies, and opposition parties such as the Indian National Congress, alleged that the law was aimed at undermining Muslim religious endowments and enabling state interference in waqf properties.[44] They viewed the law as discriminatory towards Muslims, while the government maintained that the reforms aimed to ensure transparency in waqf property management.[45]

On 19 April 2025, members of the local Muslim community in Phagwara, Punjab, led by Sarwar Ghulam Shaba of the Rahstriya Alpsankhyak Arakshan Morcha (Punjab unit), held a protest march against the Waqf (Amendment) Act, 2025. The protesters alleged that the Act was unconstitutional and aimed at government takeover of Waqf properties across the country. An effigy of the Central Government was burnt, and a memorandum was submitted to the BDPO addressed to the President of India, demanding repeal of the Act.[46]

On 19 April 2025, hundreds of Muslims in Cuttack, Odisha, held a protest march against the amended Waqf law. Wearing black bands, they marched from Gandhi Bhawan to the District Collectorate and submitted a memorandum addressed to the President of India and the Chief Justice of India. Organizations such as the State Minority Council, Jamaat-e-Islami Hind (Cuttack unit), Muslim Youth Association, Imarat-e-Shariah, and some secular groups participated. The protesters stated that the amended law infringes upon the constitutional and religious rights of Muslims and demanded its withdrawal.[47]

On 19 April 2025, the All India Muslim Personal Law Board (AIMPLB), with support from the All India Majlis-e-Ittehadul Muslimeen (AIMIM), organized a massive public protest in Hyderabad against the Waqf (Amendment) Act, 2025. The gathering, titled "Save Waqf, Save Constitution", took place at Darussalam, the AIMIM headquarters, and was attended by thousands, including representatives from several political parties such as the Congress, Bharat Rashtra Samithi, YSR Congress Party, and Dravida Munnetra Kazhagam. AIMIM president Asaduddin Owaisi condemned the Act for being discriminatory and unconstitutional, particularly criticizing the clause requiring individuals to be practicing Muslims for at least five years before they can create a waqf.[48] The protest included announcements of further public actions, such as a lights-out protest on 30 April, city-level roundtables on 18 May, a women’s gathering on 22 May, a human chain demonstration across Hyderabad on 25 May, and a sit-in protest on 1 June. Meanwhile, the Supreme Court of India has deferred its interim ruling on petitions against the Waqf Act to 5 May 2025.[48][49]

Aftermath of the Pahalgam attack and protest suspension

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Further information: 2025 Pahalgam attack

On 22 April 2025, a terrorist attack in the Baisaran meadows near Pahalgam in Jammu and Kashmir resulted in the deaths of 26 civilians, including two foreign nationals, and left several others injured.[50] The Resistance Front (TRF), affiliated with the banned Lashkar-e-Taiba group, claimed responsibility.[51]

Prominent Muslim organisations strongly condemned the attack, calling it inhuman and incompatible with Islamic principles. The All India Muslim Personal Law Board (AIMPLB) issued a statement of condolence and announced a three-day suspension of its ongoing protests against the Waqf (Amendment) Act as a gesture of solidarity with the victims’ families.[52][53]

International

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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.[54]

Reactions

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On 23 March 2025, many Muslim leaders boycotted the Iftaar hosted by Bihar Chief Minister Nitish Kumar in protest against his support for the Waqf Bill, following an earlier announcement by the Imarat-e-Shariah and six other organisations. However, despite the call for a boycott, several Muslim leaders, including some members of the Imarat-e-Shariah, attended the event.[55][56][57]

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.[58][59]

On 31 March 2025, The Catholic Bishops' Conference of India (CBCI), in support of the Waqf (Amendment) Bill, released a statement that certain provisions in the existing Central Waqf Act were inconsistent with the Constitution and the secular democratic values of the country.[60] "In Kerala, the Waqf Board has invoked these provisions to declare the ancestral residential properties of more than 600 families in the Munambam region as Waqf land. Over the past three years, this issue has escalated into a complex legal dispute. The fact remains that only a legal amendment can provide a permanent solution, and this must be recognised by the people’s representatives," noted the CBCI, asking the political parties and legislators to adopt an unbiased and constructive approach to this issue.[61][62][63]

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.[64][65][66] However, The Waqf Amendment Bill has sparked intense opposition from the All India Shia Personal Law Board calling it as "Not right".[67][68]

On 21 April 2025, the Central Government informed the Supreme Court that it was holding in abeyance the very provisions of the Waqf Act that it had previously defended in Parliament, including the clause related to ‘Waqf-by-user’ properties and the appointment of non-Muslims to Waqf Boards. This assurance came during hearings on petitions challenging the constitutional validity of the Waqf (Amendment) Act.[69]

On the same day, Mirwaiz Umar Farooq, chairman of the All Parties Hurriyat Conference and chief cleric of Srinagar's Jama Masjid, criticised the Waqf (Amendment) Act, calling it an "assault on the Muslim identity". He expressed hope that the Supreme Court would uphold constitutional and religious rights and strike down the law. The Mirwaiz also stated that despite restrictions on meetings of the Muttahida Majlis-e-Ulama (MMU), a joint resolution had been passed to support the All India Muslim Personal Law Board’s stance against the Bill.[70]

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.

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