The Waqf (Amendment) Act, 2025

What Is WAQF? — “Property Dedicated to God”
● Waqf = Permanent, voluntary, irrevocable donation of property for religious or charitable use under Islamic law.
● Ownership transfers from the donor (Waqif) → to God.
● Managed by a Mutawalli (caretaker/trustee).
● Common examples: mosques, dargahs, graveyards, Eidgahs, khanqahs, etc.
Key Terms
● Waqif → Donor
● Mutawalli → Manager
● Irrevocability → Once Waqf, always Waqf
2. Why Waqf Properties Are So Powerful
● Irrevocable forever — even the donor cannot take it back.
● Properties sometimes recognized as waqf without documents, based only on long-term use.
● Huge real estate presence in big cities like Delhi, Mumbai, Hyderabad → high-value land disputes.
● India has the largest Waqf holdings in the world.
Quick Facts to Memorize
● “Waqf” literally means ‘to stop’ or ‘to dedicate’.
● According to Hadith, Waqf is among the three acts that benefit a person even after death.
● Well of Uthman → one of the oldest waqfs.
● Al-Azhar University (Egypt) built on waqf funds.
● University of Al Quaraouiyine (oldest in world) = Waqf.
● 1/3rd of Ottoman Empire once consisted of Waqf properties.
3. Historical Roots of Waqf in India
● Origin dates back to the Delhi Sultanate.
● Early instance: Sultan Muizuddin Sam Ghaor endowed villages to Jama Masjid of Multan.
● British-era confusion over legitimacy → Mussalman Waqf Validating Act, 1913, giving Waqf clear legal status.
4. Why Waqf Matters in Modern India
● Waqf Boards are the third-largest landowners after the Indian Railways and the Armed Forces.
● Control 8.7 lakh properties, 9.4 lakh acres, worth ₹71.2 lakh crore (approx.).
● Controversial claims over high-profile places like Antilia, Kumbh Mela land, and Taj Mahal.
5. Waqf (Amendment) Act, 2025 — Quick Overview
● Passed by Lok Sabha: 2 April 2025
● Passed by Rajya Sabha: 3 April 2025
● Assent by President: 8 April 2025
● Aim: Transparency, digitisation, accountability, and dispute reform.
6. Why the 2025 Amendment Was Needed
● Increasing disputes over land ownership.
● Encroachment and mismanagement of large assets.
● Outdated provisions in the old Waqf Act, 1995.
1. “UMEED” – The New Name
● Rising conflict between state authority and religious autonomy.
Unified Management, Empowerment, Efficiency & Development.
The Act is now called the UMEED Act, highlighting modernisation and better governance.
2. Non-Muslims Can Join Waqf Boards
For the first time, non-Muslims can be members of State & Central Waqf Boards. Goal → Inclusiveness + Professional expertise (law, finance, social work).
3. Goodbye “Waqf by User”
Land cannot be declared Waqf merely because it was used as a religious space for years. Reduces disputes caused by undocumented claims.
4. Section 40 Removed – No More Forced Waqf
Waqf Boards can no longer declare private land as Waqf without the owner’s consent. Ensures property rights + fairness.
5. Trust ≠ Waqf
Muslim-created trusts are separate from Waqf.
A charitable trust becomes Waqf only if expressly declared as such.
6. Who Can Create Waqf?
Only practising Muslims (for at least 5 years) can dedicate property as Waqf. Prevents misuse and ensures sincere donations.
7. Women Get a Seat at the Table
Mandatory inclusion of 2 Muslim women in:
● State Waqf Boards
● Central Waqf Council
Boosts gender representation in decision-making.
8. Limitation Act Now Applies
Disputes must be raised within 12 years—no more endless litigation.
Brings time-bound clarity to Waqf cases.
9. Tribal Lands Fully Protected
Schedule V & VI tribal lands cannot be converted into Waqf property.
Safeguards indigenous communities from ownership conflicts.
10. Tribunals Stay 3-MemberPanels
Despite earlier proposals, Waqf Tribunals will retain 3 members.
Improves balance & quality of judgments.
11. Senior Officer to Verify Government Land Claims
If government land is claimed as Waqf, an officer above District Collector must verify.
Enhances scrutiny and prevents wrongful claims.
12. Who Decides Waqf vs Government Ownership?
A senior government officer will make the final call—not the Waqf Tribunal.
Reduces bias and brings administrative clarity.
13. High Court Appeals Allowed
Decisions of Waqf Tribunals can now be challenged in the High Court.
Ensures wider legal protection and fairness.
14. Online Registration = Mandatory
All Waqf properties must be digitally registered within 6 months.
Leads to transparency, public access, and reduced corruption.
15. Less Contribution to Waqf Boards
Waqf institutions will contribute 5% (earlier 7%) of income to Waqf Boards.
More money remains for charity, education, and welfare.
16. Compulsory Audits for High-Income Waqfs
Waqf institutions earning ₹1 lakh+ per year must undergo mandatory audits.
Strengthens financial discipline & prevents misuse.
RE: WAQF AMENDMENT ACT 2025 Supreme Court delivered its ruling on requests to halt the enforcement of the Waqf (Amendment) Act, 2025, while petitions questioning the law’s validity are heard. In a 128-page judgment, a bench comprising Chief Justice of India B.R. Gavai and Justice A.G. Masih stated that, at first glance, it did not consider many of the contested provisions to be arbitrary.
Provision that waqf creator must be a practicing Muslim – Temporary Stay
Automatic De-recognition of Existing Waqf Properties – Stayed
Bar on Declaring Tribal Lands as Waqf – No Stay
Ex-Officio Member of State Boards Need Not Be Muslim – No Stay
Deletion of Provision Allowing Non-Muslims to Create Waqfs – No Stay