What is Waqf Bill (Amendment) 2025?

Introduction

Both the Lok Sabha and the Rajya Sabha approved the Waqf Bill, 2024. By amending the Waqf Act of 1995, the Bill gives the government the authority to control Waqf holdings and resolve associated conflicts. The law seeks to increase the use of technology in record administration, speed registration, update Waqf definitions, and increase the effectiveness of Waqf boards.

What is Waqf Bill? 

• The Waqf Bill is a legislative proposal concerning the management and regulation of waqf properties in India.
• A waqf is a charitable endowment under Islamic law, typically involving property donated for religious or charitable purposes.
• The Waqf Bill aims to streamline the administration of such properties, prevent misuse, and ensure transparency. It proposes reforms in waqf boards, their powers, and accountability mechanisms.
• The bill also addresses issues like encroachments on waqf land and seeks to digitize records. Critics argue it may lead to centralization and lack of community control, while supporters see it as necessary for protecting religious assets.

What are the Key Amendments in Waqf Bill, 2025?

• Transparency: Around 40 amendments to the present Waqf Act are outlined in the Bill, one of which is that Waqf Boards must go through statutory verification for all property claims in order to ensure openness.
• Gender Diversity: The Waqf Board’s makeup and operations will be changed by amending Sections 9 and 14 of the Waqf Act, 1995, which will include adding female representation.
• Revised Verification Procedures: District magistrates may be in charge of Waqf properties, and new verification processes will be implemented for these assets in order to resolve conflicts and stop abuse.
• Limited Power: The reforms address worries over the unbridled authority of the Waqf Boards, which have resulted in the claiming of vast tracts of land as Waqf, leading to conflicts and allegations of misuse.

What are the Key Provisions of the Waqf Bill 2025? 

• Separation of Trusts from Waqf: Trusts established by Muslims under any legislation will no longer be regarded as Waqf, guaranteeing that people maintain complete sovereignty over their trusts.
• Eligibility for Waqf Dedication: Only those who have been Muslims for at least five years are eligible to donate their property to Waqf. Waqf Board-registered properties will stay that way unless they are contested or shown to be government property.
• Women’s Rights in Family Waqf: Inheritance must be given to women prior to Waqf dedication, with special consideration given to widows, divorced women, and orphans.
• Ending Arbitrary Property Claims: Due to the removal of Section 40 from the original Waqf Act (1995), Waqf Boards are no longer able to declare properties as Waqf at will. According to Waqf Act (1995), Section 40, the Waqf Board has the power to determine whether a property is a Waqf property or not.
• Waqf Tribunals: A district judge, a state government official (at the joint secretary level), and a specialist in Muslim law and jurisprudence make up the three members of the Waqf courts.
• Government Land & Waqf disputes: To avoid any unjustified claims, a higher ranking authority would look into government properties that are claimed as Waqf.
• Reduced Annual Contributions: The required 7% payment to Waqf Boards for Waqf institutions was lowered to 5%, freeing up more money for charitable causes.
• Annual Audit Reforms: State-appointed auditors are required to conduct audits of waqf institutions that make more than Rs 1 lakh.
• Technology & Central Portal: Waqf property administration will be automated through a single site, increasing productivity and openness.
• Diverse Representation: For inclusivity’s sake, the Waqf Boards will have two non-Muslim members, and among the Muslim members, at least two must be women. It also requires representation from the Muslim populations of Shia, Sunni, Bohra, Aghakhani, and OBC.
• Application of the Limitation Act:Waqf property claims will now fall under the 1963 Limitation Act, which will cut down on drawn-out litigation. Time restrictions for filing lawsuits are established by the Limitation Act in order to guarantee prompt resolution and avoid delays in court processes.

What was the Need of Waqf Bill, 2025? 

• Irrevocability of Waqf Properties: The tenet “once a Waqf, always a Waqf” guarantees that Waqf properties are permanent, which sometimes leads to intricate conflicts.
• Poor Management: Land invasion and poor management have not been stopped by the Waqf Act of 1995.
• Lack of Judicial Oversight: Decisions made by the Waqf Tribunal are not appealable under the Waqf Act of 1995, which restricts judicial scrutiny and lessens transparency.
• Misuse of Powers: Legal disputes have resulted from the application of Section 40 of the Waqf Act, 1995 to declare private assets to be Waqf.

What Concerns are Related to the Waqf Bill, 2025?

• Increased Government Control: Opponents contend that the Bill limits the autonomy of Waqf Boards by giving the government the power to control Waqf holdings and decide their status.
• Dilution of Muslim Representation: Opponents contend that the community’s Article 26 right to control its religious affairs is violated by permitting non-Muslim officials to serve on Waqf Boards.
• Ambiguity in Defining a “Practising Muslim”: Due to differing interpretations by religious experts, the Bill’s vague definition of “practising Muslims” for Waqf property allocation might give rise to legal issues.
• Removal of “Waqf by User” Principle: Many existing sites may lose their Waqf status if “Waqf by user,” which acknowledges properties via long-term religious usage, is removed, according to critics.

Also read: A Hidden Archaeological Survey at the Gyanvapi Mosque in 2023

Why Amendment to the Waqf Act, 1995 have been Criticised?

• Reduced Powers: It affects Waqf Boards’ capacity to oversee Waqf holdings by limiting their power.
• Minority Rights Concerns: Critics are concerned that it might negatively impact the interests of Muslim communities who utilize these sites for philanthropic and religious purposes.
• Increased Government Control: More monitoring and the participation of district magistrates may result in overbearing bureaucratic meddling.
• Hampers Freedom of Religion: One may argue that the supervision of Waqf properties by district magistrates and other government representatives violates religious autonomy.
• Potential Disputes: More disagreements and complexities might result from new verification procedures, such as the district magistrates’ participation.

What is Waqf Act, 1995?

• In 1954, Parliament approved the Waqf Act for the first time.
• Later, it was repealed, and in 1995, a new Waqf Act was created, giving Waqf Boards further authority.
• The Act was further modified in 2013 to provide the Waqf Board broad authority to declare certain types of property as “Waqf Property.”

What is Waqf?

• According to Islamic law, it is the permanent commitment of real estate, whether it be immovable or mobile, for religious, pious, or altruistic reasons.
• It suggests that Muslims give God property, whether it be physical or intangible, moveable or immovable, on the grounds that the transfer will help those in need.
• Waqf revenues are usually used to support shelter houses, mosques, cemeteries, and educational organizations.
• The 1995 Waqf Act governs waqfs in India.

What is Waqf Board?

• A Waqf board is an organization with the legal authority to purchase, keep, and distribute property. It has the legal capacity to sue and be sued.
• With at least two-thirds of the board members voting in favor of the deal, it manages Waqf properties, recovers lost properties, and authorizes the transfer of immovable Waqf properties via sale, gift, mortgage, exchange, or lease.
• In India, state-level Waqf Boards are supervised and advised by the Central Waqf Council (CWC), which was founded in 1964.

What are Waqf Properties and how are they managed in India?

• Waqf Properties
  • After the defense department and the railways, the Waqf board is reportedly India’s third-largest landowner.
  • At the moment, 8,72,292 Waqf properties covering 8 lakh acres are registered. The income from these properties is Rs 200 crore.
  • As a charity gesture toward God, a property that has been declared as a Waqf is detained permanently and becomes non-transferable, thereby giving title to God.
• Management of Waqf
  • By requesting public records, calling witnesses, and conducting local investigations, a survey commissioner compiles a list of all properties designated as Waqf.
  • A mutawali serves as a supervisor and manages the Waqf.
  • Waqfs are supposed to be perpetual and are solely for religious and philanthropic reasons, in contrast to trusts created under the Indian Trusts Act, 1882, which can have broader objectives and be dissolved by the board.
  • Waqfs can be private, benefitting the immediate descendants of the land owner, or public, for charity purposes.
  • One must be of sound mind and possess legitimate property ownership in order to establish a Waqf. It’s interesting to note that the Waqif, or person who creates a Waqf, does not need to be a Muslim as long as they claim to believe in Islamic values.

Conclusion

The Waqf Bill 2024 seeks to improve openness, stop abuse, and expedite the settlement of disputes by implementing technical and legal changes. However, to strike a balance between community autonomy and regulatory scrutiny, issues pertaining to property rights, representation, and government authority must be discussed. The Waqf (Amendment) Bill, 2024’s provisions, which have not yet been made public, are anticipated to resolve ambiguities and other issues.

Frequently Asked Questions (FAQs)

Sources:

• https://en.wikipedia.org/wiki/The_Waqf_(Amendment)_Act,_2025#:~:text=The%20act%20empowers%20the%20Central,High%20Court%20within%2090%20days.
• https://pib.gov.in/PressNoteDetails.aspx?NoteId=152139&ModuleId=3&reg=3&lang=1
• https://www.bbc.com/news/articles/cwyn87ly1pqo
• https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1743661603.pdf
• https://timesofindia.indiatimes.com/india/what-is-waqf-amendment-bill-all-you-need-to-know/articleshow/119890366.cms
• https://www.thehindu.com/videos/watch-explained-what-are-the-key-changes-proposed-in-the-waqf-amendment-bill/article69159122.ece