Waqf Amendment Bill 2025: Toward Transparency and Legal Clarity | Explained

The Waqf Amendment Bill, 2025 marks a significant step toward reforming the management of waqf properties in India. For years, these properties, meant to serve religious and social causes, have faced issues of mismanagement, underutilization, and lack of transparency. With the new amendment, there is a strong focus on improving governance, digitalizing records, and ensuring better utilization of waqf assets for the benefit of society. This article explores the key changes brought by the amendment, the new powers it grants, and the potential impact on the future of waqf management in India.

What is Waqf?

The term "Waqf" comes from Arabic, meaning "to hold" or "to preserve." In Islamic tradition, Waqf refers to a voluntary, permanent dedication of a part of one’s wealth or property for religious, charitable, or social purposes, without the intention of reclaiming it. Once a property is declared as Waqf, ownership is transferred from the individual to God, and the property must be used for the benefit of the community. It can never be sold, transferred, or inherited. Only the benefits or profits generated from the Waqf property can be used often for building mosques, maintaining graveyards, funding education, running hospitals, providing water facilities, or helping the poor and needy.

Waqf Board

A Waqf Board is a statutory body established to manage, protect, and regulate Waqf properties in a particular state or union territory in India. The creation of Waqf Boards was formalized under the Waqf Act, 1954, later replaced by the Waqf Act, 1995, to ensure that Waqf properties are used properly for religious, charitable, and social welfare purposes, according to Islamic principles.

The Central Waqf Council (CWC), set up by the Government of India, oversees the functioning of all State Waqf Boards and advises the Central Government on matters concerning the working of these boards and State Governments also supervise the State Waqf Boards and are responsible for appointing members and ensuring proper functioning.

Waqf properties

Waqf properties, encompassing land, buildings, or commercial spaces, are assets dedicated permanently to religious, charitable, or social welfare purposes in accordance with Islamic law. These properties, once declared waqf, are irrevocable and cannot be sold, transferred, or inherited. The income generated from these properties is utilized for community-centric activities such as education, healthcare, and support for the disadvantaged.  To ensure adherence to the donor's intentions and the broader public interest, waqf properties are managed by designated caretakers (mutawallis) or government Waqf Boards.

(Source: WAMSI Portal)

In waqf law, immovable properties are very important because waqf is often created by dedicating such assets permanently for religious, charitable, or pious purposes. Once a property is declared as waqf, it becomes inalienable, meaning it cannot be sold, transferred, or inherited. It must be used only for the purpose for which it was dedicated.

(Source: WAMSI Portal)

Data on State-wise numbers and area of Waqf properties (as of September 2024)

(Source: WAMSI Portal)

The Origin Of Waqf Act

Historical Background of the Waqf Act

Early Islamic Period (12th–16th Century)
- Waqf system introduced in India during the Delhi Sultanate and Mughal Empire.
- Waqf properties used for religious, educational, and charitable purposes.

British Colonial Period (18th–20th Century)
- Decline in proper management of Waqf properties.
- Many properties lost due to lack of legal recognition.

1913 – Muslim Waqf Validating Act

- The British government recognizes Waqf made for religious and charitable purposes.

1930 – Waqf Validating Act (Amendment)

- Further legal protection for Waqf properties.

1947 – India’s Independence

- Urgent need for systematic management of Waqf assets.

1954 – Waqf Act, 1954

- Enactment of the first Waqf Act in independent India.
- Establishment of State Waqf Boards.

1995 – Waqf Act, 1995
- Comprehensive new law replaces the 1954 Act.
- Stronger powers for Waqf Boards, introduction of property surveys, Central Waqf Council created.

2013 – Waqf (Amendment) Act, 2013

- Further strengthens protection of Waqf properties.
- Simplifies property registration and dispute resolution.
- Focus on digitization of Waqf records (WAMSI Project).

Why Was The Waqf Amendment Bill Introduced?

The Waqf (Amendment) Bill was introduced to curb misuse and bring transparency to the management of waqf properties. It aimed to address rising concerns over arbitrary land claims by Waqf Boards, especially under Section 40, which allowed them to declare any property as waqf without due process. This led to legal disputes and public outcry. The amendment seeks to ensure proper legal verification, prevent illegal encroachments, promote digitization of records, and increase accountability. Overall, it aims to protect both waqf interests and individual property rights through a more transparent and balanced legal framework.

Issues And Challenges Under Older System

The Waqf Amendment Bill was introduced in 2010 and finally passed as the Waqf (Amendment) Act, 2013. This amendment was brought to address the serious flaws that had been noticed in the management of Waqf properties under the earlier Waqf Act of 1995. Over the years, problems like large-scale encroachments, mismanagement of properties, lack of updated records, political interference, and delays in dispute resolution had severely weakened the Waqf system. The amendment aimed to strengthen the powers of State Waqf Boards, make registration of all Waqf properties mandatory, and prevent illegal sale, transfer, or misuse of such assets. It also sought to create special Waqf Tribunals for faster resolution of property disputes and emphasized transparency through digitization initiatives like the Waqf Management System of India (WAMSI). A major push for these reforms came after reports like the Sachar Committee (2006) highlighted the poor management of Waqf properties and their untapped potential for the social and economic development of the Muslim community. The amendment thus marked a significant step towards protecting Waqf assets and ensuring they serve their intended charitable and religious purposes more effectively.

Management of Waqf Properties

Waqf properties are assets donated by individuals under Islamic law for religious, charitable, or community welfare purposes. These properties, which can include land, buildings, shops, and institutions are permanently dedicated and cannot be sold or transferred for personal gain.

Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025 was introduced to bring greater transparency, fairness, and legal accountability in the management of waqf properties. A key reason behind the amendment was growing public concern over Section 40 of the Waqf Act, 1995, which allowed Waqf Boards to unilaterally declare any property as waqf land—often without proper notice or verification. This led to numerous legal disputes and allegations of land grabbing. The 2025 amendment seeks to scrap Section 40, ensuring that no property can be labeled as waqf without clear legal ownership documents and court approval. The bill also proposes digitization of waqf records, stricter anti-encroachment measures, and a more streamlined grievance redressal system. The government introduced the bill to balance religious endowment protection with the property rights of individuals, while addressing legal loopholes that were previously misused.

The Waqf Amendment Bill, 2025 introduces several key changes to the Waqf Act of 1995. Here’s a summary of the key features:

1) Changes in the Amendment

State Waqf Boards Strengthening: The amendment enhances the powers and autonomy of the State Waqf Boards, including a greater role in overseeing the management of waqf properties.

Digitalization of Waqf Properties: One of the key features is the provision for the digitalization of waqf properties across India. A digital registry will be created, making it easier to track waqf assets and improve transparency.

Waqf Tribunal Changes: The Bill empowers the Waqf Tribunal to have more authority in dealing with disputes related to waqf properties and their management.

Increased Financial Scrutiny: There is an enhanced emphasis on accountability and transparency, with the introduction of more stringent auditing and monitoring requirements for waqf funds and properties.

Development of Waqf Assets: The Bill focuses on enabling better development and utilization of waqf properties, promoting initiatives for the improvement of waqf lands.

2) New Powers Given to Waqf Authorities

Appointment of Administrators: The amendment gives powers to the authorities to appoint administrators if a waqf institution is not being managed properly or if the management board is deemed inefficient.

Enhanced Control Over Property Use: The powers to control the sale, lease, and utilization of waqf properties have been expanded, allowing for more direct oversight to prevent mismanagement.

Power to Initiate Legal Action: The amendment gives waqf authorities the power to take legal action against unauthorized occupiers or those who violate waqf rules and regulations.

Regulation of Waqf Institutions: The amendment strengthens the regulatory framework, allowing waqf authorities to implement measures for ensuring that waqf institutions are run in accordance with their intended purpose.

Waqf (Amendment) Bill, 2025 Key Features at a Glance