Waqf Amendment Bill, 2025: The History of Waqf in India
- Advcoate Puneet Thakur
- Apr 22
- 5 min read
The Waqf (Amendment) Act, 2025, officially known as the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UWMEED Act), represents a substantial reform in the governance of Waqf properties in India. Enacted on April 8, 2025, after receiving presidential assent on April 5, this legislation introduces numerous modifications designed to promote transparency, inclusivity, and efficiency in the management of Waqf assets.
Historical Context of Waqf in India
Waqf is an Islamic practice in which an individual donates property or wealth for religious or charitable purposes. Once designated as Waqf, the property cannot be sold, inherited, or transferred; instead, its benefits are utilized to serve the community. This often includes funding the construction of mosques, schools (madrasas), hospitals, or providing assistance to those in need.
Origins in India
The concept of Waqf was introduced to India with the establishment of Islamic rule. The earliest recorded Waqf in the Indian subcontinent dates back to the 12th century, during the reign of Sultan Muizuddin Sam Ghaori, commonly known as Muhammad Ghori. He dedicated two villages to support the Jama Masjid in Multan, signifying the inception of Waqf as an institutional practice in India.
Growth Under Muslim Rule
The institution of Waqf thrived under the Delhi Sultanate and subsequently during the Mughal Empire. Monarchs, nobility, and affluent individuals contributed lands and resources for religious and social initiatives. Numerous significant Islamic structures, including mosques, madrasas, and dargahs (shrines), were constructed and maintained through Waqf properties. These endowments were instrumental in supporting the social welfare system of the era, facilitating the provision of education, sustenance, and healthcare to those in need.
Colonial Period
During the British colonization of India, authorities acknowledged the significance and extensive reach of Waqf properties. However, they expressed concerns regarding the absence of formal regulation governing these endowments. In response, the British implemented legal measures, culminating in the enactment of the Mussalman Wakf Act of 1923. This legislation represented one of the earliest efforts to subject Waqf properties to legal oversight, thereby ensuring their appropriate and intended use.
Post-Independence Developments
Following India's independence in 1947, there arose a pressing need to enhance and modernize the governance of Waqf properties. This necessity culminated in the enactment of the Waqf Act of 1954, which established a structured framework for the management of Waqf institutions. Subsequently, to address existing shortcomings and enhance accountability, the government introduced the Waqf Act of 1995, which remains in effect today, albeit with amendments. This legislation mandated the establishment of Waqf Boards in each state to oversee and safeguard Waqf properties.
Key Features of the Waqf (Amendment) Act, 2025
The 2025 amendment brings several notable changes to the existing Waqf Act:
1. Renaming and Rebranding
New Title: The Act is now officially known as the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UWMEED Act).
2. Formation of Waqf
Eligibility Criteria: Only individuals who have been practicing Muslims for at least five years and own the property can declare a Waqf. 
Removal of ‘Waqf by User’: The provision allowing Waqf formation through long-term use has been omitted.
3. Inclusivity and Representation
Diverse Representation: The Act mandates representation from various Muslim sects, including Shia, Sunni, Bohra, Agakhani, and other backward classes, on State Waqf Boards. 
Gender Equality: It ensures the inclusion of at least two Muslim women on the Central Waqf Council and State Waqf Boards.
Non-Muslim Members: At least two non-Muslim members are to be included in the Central Waqf Council and State Boards to bring in additional expertise and oversight.
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4. Administrative Reforms
Survey and Registration: The responsibility of surveying Waqf properties is assigned to the Collector or a designated Deputy Collector.
Centralized Database: A central portal and database will be established for the registration and management of Waqf properties. 
Mutation Procedures: Detailed procedures for property mutation are outlined, ensuring due notice to all concerned parties before recording any property as Waqf property. 
5. Legal Provisions
Tribunal Structure: The Act reforms the Tribunal structure by including two members and allows appeals against Tribunal orders to the High Court within 90 days. 
Applicability of Limitation Act: Section 107 is omitted, making the Limitation Act, 1963 applicable to actions under the Act. 
Evacuee Waqf Properties: Sections 108 and 108A, relating to special provisions for evacuee Waqf properties, are omitted. 
Reactions and Controversies
The enactment of the Waqf (Amendment) Act, 2025, has elicited mixed reactions:
Support: Proponents argue that the Act enhances transparency, inclusivity, and efficiency in Waqf management.
Opposition: Critics, including various Muslim organizations and opposition parties, contend that the inclusion of non-Muslim members and increased governmental oversight could infringe upon the religious autonomy of Waqf institutions. 
Legal Challenges: Public Interest Litigations have been filed questioning the constitutionality of the Act, particularly concerning its applicability exclusively to one religion.
The Waqf (Amendment) Act of 2025 signifies a substantial transformation in the governance of Waqf properties in India. While the Act seeks to modernize and enhance the efficiency of Waqf administration, its implications for religious autonomy and minority rights remain hotly contested and warrant thorough examination.
FAQ
1. What is Waqf and how did it originate in India?
Answer: Waqf is an Islamic endowment of property, usually for religious or charitable purposes. In India, the concept was introduced during the Delhi Sultanate period and became more formalized under Mughal rule. Properties dedicated as Waqf were meant to support mosques, madrasas, graveyards, and community welfare services.
2. What is the role of the Waqf Board in India?
Answer: The Waqf Boards, established under the Waqf Act, 1954 (amended in 1995), are statutory bodies responsible for the administration, management, and protection of Waqf properties. Each state has its own Waqf Board, and they work under the supervision of the Central Waqf Council.
3. What are the key provisions of the Waqf Amendment Bill, 2025?
Answer: While the full text of the Waqf Amendment Bill, 2025 is yet to be publicly debated, the bill reportedly focuses on:
Streamlining Waqf property registration.
Enhancing transparency in management and audits.
Empowering state authorities to resolve property disputes.
Preventing encroachment and unauthorized transfers.
4. Why is the Waqf Amendment Bill, 2025 being introduced?
Answer: The amendment is aimed at addressing long-standing issues such as:
Mismanagement and corruption in Waqf property administration.
Lack of digitization and transparency.
Delays in legal disputes. The bill intends to modernize the governance of Waqf assets and ensure better accountability.
5. How does the Waqf Amendment Bill, 2025 affect property owners and communities?
Answer: If implemented effectively, the amendment can benefit:
Property owners by ensuring legal clarity and protection from unlawful acquisition.
Communities by improving the utilization of Waqf properties for welfare. However, concerns remain about state overreach and the need to balance administrative reform with religious autonomy.
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