Imagine properties given away long ago, meant for good deeds, helping the poor, or supporting religious places. These are Waqf properties, a deeply important tradition in Islam. Across India, these lands cover vast areas – some reports say nearly 9.4 lakh acres, making the Waqf Board the third-largest landowner after the government and railways. Others, like Home Minister Amit Shah mentioned, suggest the total could be as high as 39 lakh acres. Now, a new law, the Waqf Act Amendment 2025, has arrived, bringing big changes to how these properties are managed. This law stirred long debates in Parliament and has people talking, worrying, and wondering what it means for them. Let’s understand these changes simply.
What is the Waqf Act Amendment 2025 All About?
The Waqf Act Amendment 2025 is a new law passed by India’s Parliament in April 2025. It changes the rules of the older Waqf Act, 1995. The government says this new law will make managing Waqf properties better, clearer, and more efficient. The Act has even been renamed the Unified Waqf Management, Empowerment, Efficiency, and Development Act, or UMEED Act. Its goal is to fix problems like poor upkeep, illegal occupation, and legal fights over Waqf land. However, critics worry it might reduce the Muslim community’s control over its religious matters.
For a clearer breakdown of how the Act differs from the original Bill, refer to this official overview of the Waqf (Amendment) Bill vs Act by the Press Information Bureau. This comparison highlights the legislative evolution and the government’s rationale behind each provision.
Why Was the Waqf Act Amendment 2025 Needed?
The government brought this amendment because of several problems with the old system for managing Waqf properties:
Poor Management and Neglect: Many Waqf properties suffered from poor maintenance, and official records were often incomplete. According to the government’s WAMSI portal data, over 4.3 lakh properties had no status recorded. Even efforts to digitize records faced issues, with reports highlighting missing data and unused funds.
Encroachments and Disputes: A huge number of properties were illegally occupied. According to the WAMSI portal, nearly 59,000 properties are encroached upon. Thousands more are stuck in legal battles. For example, in Karnataka, many types of land, even government land and temples, were notified as Waqf, leading to confusion. In Kerala, disputes arose when the Waqf Board claimed land owned by Christian families for generations.
Lack of Oversight and Misuse of Power: The old law (specifically Section 40) gave Waqf Boards wide power to declare almost any property as Waqf, sometimes leading to unfair claims on private or government land. Decisions made by Waqf Tribunals couldn’t easily be challenged in higher courts, limiting checks and balances. The principle of “once a Waqf, always a Waqf” also made resolving disputes very complex.
Transparency Concerns: There was a need for more openness in how Waqf boards operated and managed large assets.
Further insights and context about these criticisms and challenges can be found in this comprehensive explainer by Vajiram & Ravi on the Waqf Amendment Act 2025. It outlines the origin of the Act, its key provisions, and the broader implications for governance.
What Are the Key Changes in the Waqf Act Amendment 2025?
The UMEED Act introduces many important reforms:
How Waqf is Created:
- The concept of “Waqf by user” is removed for future declarations. Existing Waqf-by-user properties keep their status unless disputed.
- Only a person who has demonstrably practiced Islam for at least five years can now dedicate property as Waqf.
Property Management:
- District Collectors, not special commissioners, will now conduct surveys of Waqf properties using state revenue laws.
- The Waqf Board’s power under the old Section 40 to unilaterally declare property as Waqf is removed.
- Government properties previously identified as Waqf will cease to be Waqf.
- Stronger measures are included to remove illegal occupants.
- The Limitation Act, 1963 now applies to Waqf property disputes.
Waqf Boards and Council:
- Non-Muslim members (two) must be included in State Waqf Boards and the Central Waqf Council.
- At least two Muslim women must be on both boards.
- Representation from different Muslim sects like Shia, Sunni, Bohra, and Agakhani is ensured.
For a factual summary of these legal updates, see the official PIB release on the Act’s final provisions. It outlines how the final version attempts to address longstanding administrative inefficiencies.
Protecting Rights:
- Women’s inheritance rights are protected before property can be dedicated as Waqf.
Dispute Resolution:
- The Tribunal’s composition changes, replacing Muslim law experts with senior state officials and urban planners.
- Appeals to High Courts are now allowed within 90 days.
Government Oversight:
- The Central Government can make rules for registration, audits, and accounting of Waqf properties.
How Does the Waqf Act Amendment 2025 Affect People?
According to the government, these changes aim to bring benefits like:
- Better Management: Improved oversight and property care.
- Transparency: Clearer rules and board diversity.
- Fairness: Elimination of arbitrary property claims, and inheritance rights for women.
- Inclusivity: Involving sects and non-Muslim members.
The bill’s passage through Parliament saw passionate debate. For a taste of the heated discussions, check out Kiren Rijiju’s top 5 quotes during the Waqf Bill debate in Lok Sabha. His defense reflects the government’s broader argument of reform and inclusion.
However, strong criticism followed:
- Religious Autonomy Concerns: Critics argue the Act infringes on the Muslim community’s right to manage its religious affairs independently.
One of the lead challenges against the law is being argued in the Supreme Court. For case updates and analysis, visit SC Observer’s coverage of Asaduddin Owaisi v. Union of India, which explores the constitutional questions raised by the petitioners.
- Constitutional Validity: Multiple petitions have been filed by political parties and community groups.
Current Status
The Supreme Court has grouped the petitions. As of April 2025, it recorded the government’s assurance that no Waqf property would be denotified and no new appointments would occur until further hearings post-May 5th. The court has asked for formal responses.
For details on the legislative process and final approval, you can read how President Droupadi Murmu gave her assent to the Waqf Amendment Act 2025, finalizing it into law.
What is the Scale of Waqf Properties in India?
Waqf properties cover extensive land and asset classes:
- Holdings: 8.7 lakh properties over 9.4 lakh acres, possibly up to 39 lakh acres.
- Property Types: Graveyards, mosques, agricultural land, shrines, shops, and houses.
- State Distribution: Uttar Pradesh leads, followed by states like West Bengal, Tamil Nadu, and Karnataka.
- Challenges: Encroachments (~59,000), legal disputes (>73,000), and incomplete records (>4.3 lakh).
The scale and complexity make governance a huge task. For a general summary of the Act and its implications, Wikipedia’s entry on the Waqf (Amendment) Act, 2025 offers a reliable public reference.
The Waqf Act Amendment 2025 is one of the most consequential legal shifts in India’s recent socio-religious governance. As the courts weigh its constitutionality, the true impact of these reforms on religious rights, land administration, and community representation will become clearer. The coming months are critical in shaping the Act’s future.
