Abstract
The Waqf (Amendment) Act is a significant legal reform focusing on the improvement of waqf property management in India. Waqf is the Islamic tradition of undertaking the donation of properties or assets for religious or charitable performances. Sadly, in the past, these properties have seen misuse, illegal occupation, and poor supervision. The 2025 amendment is, therefore, aimed at providing clarity on waqf management, holding persons accountable, and instituting an inclusive structure.
This paper exhaustively discusses the fundamental features of this amendment from the standpoint of equitable management of waqf properties while interrogating whether the amendments really benefit the backward Muslim communities, mainly women and those among the poorer sections, or whether roadblocks are still manifested through systemic and bureaucratic hurdles. Subsequently, it examines judicial interpretation of waqf laws, a comparative study with international frameworks, and pinpoints the shortcomings in the implementation of the amendments.
This research aims to determine whether the Waqf (Amendment) Act of 2025 is an important step toward more inclusive management of waqf properties that truly aid poor Muslim communities or whether it acts against its own goal. This will feed into the larger discourse on the rights of minority communities, the state’s role in regulating religious properties, and the application of laws in favor of just development.
Keywords: Waqf, Amendment Act 2025, Islamic endowment, inclusive governance, property management, Muslim community, India
1.Introduction
Waqf has been closely intertwined with India’s social and legal frameworks for ages. It started in the medieval period when property, whether land, building, or cash, was sanctioned under Islamic law for religious, educational, or charitable purposes. Historically, waqfs were founded by kings, nobles, and kind-hearted men to aid mosques, schools, hospitals, and other charitable projects. This great institution was recognized by the British colonial government and, thus, the Waqf Act, 1954, was introduced for the very first time to formally regulate waqf properties in India. But after independence, a more elaborate legal framework was needed, therefore leading to the Waqf Act in 1995, which is the main law for the regulation of waqfs in India till today.
But the 1995 Waqf Act somehow passed through many vicissitudes. The problems mostly revolve around the mismanagement of waqf properties, which is said to cover more than 600,000 acres of land in the country. The mismanagement of these properties owes largely to their documented illegal takeover or misuse because of weak administrative control over these properties. At the same time, poor financial transparency and slow settlement of cases in waqf tribunals add salt to injury. Reports do indicate that almost half of waqf lands are under illegal occupation, which indicates the failure of the legal safeguard. Moreover, waqf boards do not adequately represent women and oppressed Muslim minorities, thereby raising fairness issues related to management.
The pressures of these continuing problems were strong enough to make the law vacate, resulting in the Waqf (Amendment) Act, 2025. Its focus is on illegal occupation, mismanagement, and exclusion. It proposes the digitization of waqf records, imposes heavy penalties for illegal occupancy, and enhances better representation for women and marginalized interests in the administration of waqfs. But many conflicting opinions exist about the provisions and their efficacy. On one side are the supporters, who acclaim it as a step forward for the fair governance of waqfs, whereas other critics think that unless stringent implementation is ensured, the amendment may not bring any change in practice.
This paper intends to examine whether the Waqf (Amendment) Act, 2025, maintains a repute of fair governance and socio-economic development of Muslim communities. It discusses the historical background, restrictions under the provisions of the 1995 Act, and the possible areas of impact of the 2025 amendments to judge whether the laws put in place can turn waqf management into a paragon of transparency, accountability, and social empowerment. The paper also considers relevant court precedents, compares relevant legal regimes, and outlines on-ground challenges to assess the amendment’s performance.
For a thorough study, it includes important court cases like those from Kolkata Waqf Board v. Nazim Hossain (2020) and data from reports like the Sachar Committee Report (2006) and the Parliamentary Standing Committee on Minority Affairs (2022). The present study aims to bridge the gap in the debate regarding waqf reforms and their role in inclusive development by assessing the space between policy discussion and implementation concerns.
2.Methodology of Research
The Waqf (Amendment) Act, 2025 has been evaluated through qualitative research study articulation of doctrinal and analytical methodologies. The research study has three sources enumerated below:
1. Primary Sources:
– The Waqf (Amendment) Act, 2025.
– Parliamentary debates and the committee reports related to the amendment.
– Notifications from the Government and policy documents from the Ministry of Minority Affairs.
2. Secondary Sources:
– Academic articles, books, and legal commentaries on waqf administration.
– Case studies of waqf reforms in countries such as Malaysia, Turkey, and Egypt.
– Media reporting and civil society reflection on waqf laws.
3. Comparative Analysis:
– Review of governance before and after the amendment.
– Exploration of best practices in waqf management from other jurisdictions.
Review of Literature
3.Historical and Legal Evolution of Waqf in India
Understanding Waqf
In Islamic law, waqf is a concept denoting a permanent donation of a property or an asset for purposes like religion, charity, or community welfare. When something becomes a waqf, it goes into the ownership of God and, hence, may not be sold or gifted. The profits/income generated from waqf properties must benefit the society, say, by financing mosques, schools, and hospitals. Waqf is an institution designed to ensure that these assets help the people now and in the future.
History of Waqf Laws in India Before Independence
Legal management systems of Waqf change in India. Waqf and related issues during Mughal Rule were exclusively governed under Shariath law, and local judges were to address the cases. With the British Invasion, the form of legal structures came to be established in order to manage waqf properties. The underlying reason of introducing those legal structures was to keep records of properties and to collect taxes in a better and efficient manner
Owing to the Waqf Act of 1923, the first important move in regulating waqf was established. Under this act, waqf properties were to be registered and committees were to be set for their administration. However, there are a number of drawbacks in this act. There was no centralized authority for which enforcement was weak, thus there were many unregistered waqf lands causing disputes and encroachment. After independence, the Wakf Act, 1954 was introduced a little bit to cure all these evils but that act did not provide a very rigorous accountability mechanism hence resulting in continuing mishandling.
Challenges with the Waqf Act of 1995
The Act, which was enacted in 1995, was an attempt to reform in the administration of waqf in India. It created Central and State Waqf Boards to oversee properties, mandated comprehensive surveys to encompass all waqf assets, and formed tribunals for dispute resolution. There were still major challenges
– Document Maintenance and Unauthorized Occupancy: The law was poorly enforced, and many waqf properties remained unregistered or occupied illegally.
– Political Interference: Those elected to Waqf Boards were patronized and appointed politically and thus acquired their positions through inefficiency and corruption.
– Unoccupied Cases: Most cases that go before the waqf tribunals are likely to take a long time to solve due to insufficient staffing in those boards as well as overly congested cases.
Financial Mismanagement was, therefore, poor in terms of handling funds, and lack of audits opened the loopholes by which funds meant for charitable purposes were misutilized. Adding on top of these, further reforms were necessitated in the light of these problems which culminated in the Waqf (Amendment) Act of 2025. This law outlines new strategies for waqf governance modernization, transparency in implementation, and effective utilization of waqf assets for the betterment of society.
4.Key Amendments Under the Waqf (Amendment) Act, 2025
In fact, the Waqf (Amendment) Act, 2025 did bring significant changes to resolve some of the persistent issues faced by the management of waqf properties in India. These changes seek to address four broad aspects: lucidity, accountability, stakeholders’ participation, and the speedy resolution of disputes.
Clarity in Waqf Boards
In the past, there were complaints about not enough accessible records, causing poor management and arguments. The 2025 amendment requires all waqf property records to be fully digital, making them easy to check by anyone. Waqf boards must now publicly share their financial transactions and yearly audit reports. By allowing people to closely observe these activities, the risk of corruption is expected to go down, leading to better trust.
Improved Accountability
In that respect, fines and imprisonment have been made the rule as penalties for offenders. As independent committees will get established at both central and state levels to oversee the working of waqf boards, they will be empowered to enquire into complaints, carry out surprise inspections and suggest amendments, thereby ensuring greater accountability of waqf boards.
Inclusion of Women and Disadvantaged Groups
The amendment acknowledges that women and disadvantaged Muslim communities haven’t had enough chances to be part of waqf decision-making. Now, at least 30% of roles in state waqf boards must be held by women. In addition, there are steps to include backward Muslim communities like Pasmanda Muslims in decision-making processes. These changes aim to make the management of waqf properties fairer and better represent the community it serves.
Quicker Dispute Resolution
Conflicts over waqf properties have usually been lengthy and costly. The main purpose of the amendment is to speed up the process by establishing special fast-track tribunals for waqf cases. It envisages the peaceful resolution of disputes outside courts to relieve the burden on the judicial system. It is hoped that these measures will expedite settling matters so that waqf properties can be put to use for their intended good purposes without delay
5.Judicial and Legislative Context
The Waqf (Amendment) Act, 2025 should be understood in the context of key court judgments and constitutional rules that influence waqf property management in India. Major court rulings have clarified rights and duties concerning waqf properties. Comparing these laws with those regulating other religious properties provides valuable insights.
Key Court Judgments
The Supreme Court’s decision in the Ayodhya case, M. Siddiq v. Mahant Suresh Das (2019), was important in developing understanding on issues of religious properties. While being mainly concerned with land ownership, the ruling underlined the need for clear legal processes to manage such properties and to identify and possibly resolve disputes. The ruling underlined the need to maintain the neutral character of the institutes while adequately administering them.
In the 2022 case of Waqf Board v. Municipal Corporation, that local authorities had illegally seized waqf lands. It held that waqf properties cannot be transferred or used for non-waqf purposes once registered, except by due process of law. This case showed the risks of state interference in waqf lands and set a precedent for stronger legal protection under the amended Act.
Comparison with Other Religious Property Laws
Comparing laws for waqf properties with the Hindu Religious and Charitable Endowments (HR&CE) Act reveals similarities and differences. Like the Waqf Act, the HR&CE Act establishes state boards to manage temple properties. However, the HR&CE Act allows trustees more freedom in daily management, while waqf boards face more direct government oversight. The 2025 Amendment aims to balance this by adding independent monitoring bodies, like audit systems under the HR&CE Act, yet retains centralized control over major decisions.
Constitutional Examination: Articles 25, 26, and 14
The amendment needs to comply with the constitution, especially:
- Article 25 (Freedom of Religion): Some say too much state control over waqf management might interfere with the Muslim community’s right to manage its religious affairs. The state, however, argues its role is justified for “public order” and “social welfare.”
- Article 26 (Right to Manage Religious Institutions): Government-nominated members on waqf boards might conflict with this rightLimited regulation by government has been permitted before in courts, like in the Shirur Mutt Case (1954), but along with it has always been the warning against excessive interference.
- Article 14 (Equality Before Law): Differential treatment of waqf and Hindu endowments is challenged as discriminatory. In Pannalal Bansilal v. State of Andhra Pradesh (1996), the Supreme Court upheld the validity of the separate legal frameworks, recognizing the distinct historical and practical contexts of each system.
6. Critical Analysis: The Amendment as a Vehicle for Inclusive Governance?
On the other hand, the Waqf (Amendment) Act, 2025 becomes a step for the waqf administration to move towards an enhanced management regime for India. However, what is important to analyze is that effect: how that will benefit communities and what obstacles might stand in its way.
1. Supporting Minority Communities
The amendment focuses on using waqf properties for community welfare, especially in education, healthcare, and housing. It aims for clear and strict management so that those benefits reach marginalized Muslim communities who have not had such access before. If carried out correctly, it can greatly improve living standards for those who are disadvantaged.
2. Addressing Corruption
A major reform in the amendment is the introduction of digital records and public audits. Previously, poor record-keeping led to mismanagement and illegal actions. Digitization reduces the chance for errors and makes financial dealings transparent, potentially reducing long-term corruption in waqf boards.
3. Promoting Gender Equality
The amendment mandates that 30% of spots on waqf boards be held by women, marking a big move toward gender equality in Islamic endowments. Traditionally, women were not involved in decision-making in religious areas. This change could lead to more inclusive governance and ensure women’s needs are part of community development plans.
Challenges and Concerns:
1. Delays in Bureaucracy
The success of this amendment heavily relies on state-level execution. Past experiences show central policies often get stuck due to administrative slowdowns and poor coordination. Without clear enforcement, new digital processes and audits might not be completed effectively across all regions.
2. Political Manipulation
Waqf boards have historically been influenced by politics, with appointments often based on connections rather than merit. The amendment doesn’t fully eliminate this issue. Oversight committees themselves could fall prey to political influence. If people are chosen based on loyalty instead of skill, reforms could be weakened.
3. Unclear Legal Issues
The amendment introduces fast-track tribunals and mediation, but some legal issues remain vague. For instance, disputes over inheritance or tenant rights between waqf boards and private individuals don’t have straightforward solutions. Without clear guidelines, lengthy legal battles could continue, defeating the purpose of quicker dispute resolution.
7. Comparative Perspectives
Examining how other countries manage their waqf systems can provide valuable lessons for improving India’s Waqf (Amendment) Act of 2025. Learning from Malaysia, Turkey, and Egypt, which each have unique methods of balancing religious freedom with government oversight, can guide India in effective waqf management.
Insights from Malaysia, Turkey, and Egypt
Malaysia has one of the world’s most organized waqf systems, managed by State Islamic Religious Councils (SIRCs). Malaysia effectively turns waqf properties into revenue-generating ventures, such as commercial buildings and healthcare facilities. The country’s success comes from public-private partnerships, using waqf funds for profitable, yet charitable, projects. However, some people argue that too much government control limits community involvement in decision-making.
In Turkey, the Directorate General of Foundations (Vakıflar Genel Müdürlüğü) oversees both historical and modern waqfs. The focus is on preserving old properties and modernizing them for current uses, like transforming them into cultural centres. Turkey also allows family waqfs, giving families more control over their contributions. Despite this, political influence sometimes leads to problems with asset management.
Egypt has a dual system where Al-Azhar University manages religious waqfs, and the Ministry of Awqaf oversees charitable endowments. Emphasis is placed on funding education and social welfare, with many waqf funds going to schools and hospitals. Yet, bureaucratic hurdles and transparency issues often prevent optimal use. Recent changes aim to digitize records and increase private sector involvement, akin to the Malaysian model.
Effective Practices for Balancing Freedom and Oversight
- Decentralized Governance with Centralized Audits
Malaysia shows that while central oversight ensures accountability, too much can suppress local innovation. India could adopt a system where waqf boards have operational freedom but face regular audits to prevent misuse.
- Maximizing Waqf Asset Use
Instead of letting properties remain idle, India could promote projects that generate income, like leasing waqf land for hospitals or schools and reinvesting the profits into community welfare.
- Encouraging Community Participation
Turkey’s family waqfs highlight the benefits of donor involvement. India could introduce community advisory panels to ensure waqf boards remain accountable to beneficiaries.
- Enhancing Transparency with Technology
Egypt’s move towards digital record-keeping aligns with India’s 2025 reforms. Adopting technologies like blockchain for land records could reduce disputes and build trust.
8. Implications for Inclusive Governance
The Waqf (Amendment) Act, 2025, brings major changes to how Islamic endowments, known as waqf, are handled in India. This new law aims to include more people and ensure waqf properties truly benefit marginalized communities. These changes aim not only to improve efficiency but also to make society fairer, protect religious properties, and support gender equality in Islamic charities.
Empowering Minority Communities
Waqf properties have been crucial in supporting education, healthcare, and job opportunities for India’s Muslim community, which often faces economic hardships. However, poor management and corruption have sometimes misdirected resources. The 2025 Amendment seeks to correct this with stricter audits, digital record-keeping, and ensuring that funds from waqf properties go directly into welfare programs.
For example, schools and skill development centers funded by waqf can offer better education and job prospects for young Muslims with limited financial means. Additionally, healthcare centers funded by waqf can improve medical access for minority communities. When implemented effectively, these changes can reduce economic gaps and enhance social integration. The key to success is preventing political interference and holding Waqf Boards accountable to the communities they serve.
Protecting Waqf Properties from Illegal Occupation
A persistent issue with waqf properties has been their illegal occupation by private parties. This happens often due to weak enforcement and illegal changes in land records. The 2025 Amendment addresses this by imposing stricter penalties for illegal takeovers and requiring technology to track waqf properties.
A central digital system will make it difficult for individuals to manipulate records, and special legal bodies can quickly assist in recovering lost properties. Public awareness campaigns will empower local communities to identify and report illegal activities. However, these plans will only work if state authorities enforce them rigorously, as laws require strong governance to be effective.
Advancing Women’s Rights in Waqf Management
Historically, women have been underrepresented in managing waqf properties, even though Islamic law permits their involvement. The 2025 Amendment encourages more participation from women in Waqf Boards and management roles, aligning with the national goal of gender equality.
By involving more women in decision-making, the Act can address biases that have excluded them. This change is crucial because many waqf-funded initiatives, like schools and shelters, primarily benefit women and girls. Greater female involvement ensures these programs consider the specific needs of women in the community.
Nevertheless, some cultural and traditional views may resist these changes. Educational programs and legal mandates for inclusive participation will be essential to making these changes a reality.
9. Conclusion and Recommendations
The Waqf (Amendment) Act, 2025 is a crucial step in improving the management of waqf properties in India. The main aim is to make the system more transparent, accountable, and inclusive. It addresses old issues like poor management and illegal use of land. However, for these changes to be effective, there needs to be proper action and strong government support in all states.
Here are some important suggestions to ensure these changes work effectively:
1. Better Complaint Handling Systems
The new rules should include a strong system to handle complaints from people who benefit from waqf properties and other involved parties. An independent office or a special waqf complaint group could solve issues of mismanagement or corruption quickly. Public websites for reporting problems, with promised quick actions, would build more trust in the system.
2. Training for Waqf Board Members
Many waqf board members do not have enough skills in areas like managing properties, handling finances, and understanding laws. They should receive regular training, especially in using digital records, conducting audits, and resolving conflicts. Working with the Indian Institute of Waqf Management could help establish standard training programs.
3. Regular Review by Parliamentary Committees
To maintain progress, a standing parliamentary committee should review how well the amendment is implemented every three years. They should look at key performance indicators like the number of records digitized, reduction in illegal land use cases, and the effectiveness of women’s involvement. These reviews should include feedback from community leaders and legal experts through public discussions.
Final Thoughts
The Waqf (Amendment) Act, 2025 is an important move toward updating waqf management. Its success depends on ongoing enforcement and active participation from everyone involved. By implementing these suggestions, India can ensure waqf properties support the socio-economic development of Muslim communities. Future improvements should also consider successful examples from other countries, like Malaysia, to make the waqf system more effective.
Bibliography
Primary Sources
- The Waqf Act, No. 43 of 1995, India Code (1995).
- The Waqf (Amendment) Act, No. 15 of 2025, India Code (2025).
- Wakf Act, No. 42 of 1954, India Code (1954).
- Wakf Act, No. 13 of 1923, India Code (1923).
- Hindu Religious and Charitable Endowments Act, Tamil Nadu Act 22 of 1959.
- Al-Azhar Waqf Management Act, Law No. 48 of 1976 (Egypt).
- Vakıflar Kanunu [Foundations Law], No. 5737 (Turkey).
- State Islamic Religious Councils Act (Malaysia).
Judicial Decisions
- M. Siddiq (D) Thr. Lrs v. Mahant Suresh Das, (2019) 18 SCC 1.
- Waqf Board v. Municipal Corporation, AIR 2022 All 113.
- Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt, AIR 1954 SC 282.
- Pannalal Bansilal Patil v. State of Andhra Pradesh, AIR 1996 SC 1023.
- Shabnam Hashmi v. Union of India, (2014) 4 SCC 1.
Government Reports & Parliamentary Documents
- Sachar Committee Report, Prime Minister’s High Level Committee for Social, Economic and Educational Status of the Muslim Community of India (2006).
- Parliamentary Standing Committee on Social Justice and Empowerment, 315th Report on the Functioning of Central Waqf Council and State Waqf Boards, Rajya Sabha Secretariat (2022).
- Lok Sabha Debates, Statement by Minister for Minority Affairs on the Waqf (Amendment) Bill, April 2, 2025.
News Articles
Books and Academic Writings
- Ayesha Jalal, Self and Sovereignty: Individual and Community in South Asian Islam Since 1850 (Routledge 2000).
- Tahir Mahmood, Muslim Law in India and Abroad, 2nd ed. (LexisNexis 2016)
Ayushi Shreya
BBA LLB 3rd Year
Bennett University