What is Waqf Property? Waqf (Amendment) Act 2025 Explained

Ambani's Antilia, the Kumbh Mela ground, and even the Taj Mahal — all of these have been claimed by the Waqf Board at some point. Hard to believe, right? Not only this the Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.

India also has the largest Waqf holdings in the world. In fact, Waqf boards control 8.7 lakh properties covering 9.4 lakh acres, valued at an estimated 71.2 lakh crore. While countries like Turkey, Egypt, and Iraq no longer follow this system, India has laws that protect and regulate it.

The Waqf (Amendment) Act 2025 was passed by the Indian Parliament in early April 2025. The Lok Sabha approved the bill on 2 April 2025, followed by the Rajya Sabha on 3 April 2025. Later President Droupadi Murmu gave her assent, and the Act came into force on 8 April 2025. ​However, the Act has sparked political and legal controversy because of land claims, legal powers, and lack of transparency.

In this blog, we will understand:- 

1/ What is Waqf?

'Waqf' refers to the voluntary, permanent, and irrevocable dedication of a portion of wealth, either in cash or kind, for religious or charitable purposes under Islamic law. Once a property is declared Waqf, its ownership transfers from the donor ('Wagif') to God and is managed by a 'Mutawalli' (caretaker).

Waqf properties include mosques, Eidgahs, dargahs, khanqahs, imambaras, and graveyards.

Here's how it works:

• Waqif (donor) – The person who donates the property for Waqf.

• Mutawalli (caretaker) – A manager or caretaker appointed to look after the Waqf property and ensure it is used as intended.

• Irrevocable Nature – Once a property is designated as Waqf, it cannot be taken back or changed.

Since Allah is believed to be the ultimate owner, a Mutawalli is appointed to manage the property in the absence of a physical entity. The role of the Mutawalli is similar to that of a trustee—ensuring that the property is used for the purpose it was dedicated to, such as maintaining a mosque, helping the poor, or funding education.

2/ What Makes Waqf Properties So Powerful?

• Once a property is declared as Waqf, it can never be taken back or changed, even by the person who donated it.

• Some properties were recognized as Waqf simply because they were used for religious purposes for a long time, even without any official paperwork.

• In cities like Delhi, Mumbai, and Hyderabad, Waqf properties sit on high-value land, leading to conflicts over ownership.

3/ Waqf Amendment Act, 2025: The History of Waqf in India

The concept of Waqf in India has existed for centuries, tracing back to the Delhi Sultanate. One of the earliest known instances was when Sultan Muizuddin Sam Ghaor dedicated 2 villages to the Jama Masjid of Multan and entrusted a religious leader to manage them.

Over centuries, Waqf properties expanded under various Islamic rulers. However, a legal challenge in the British era led to the Mussalman Waqf Validating Act of 1913, securing Waqf's legal status in India. 

Since the Waqf (Amendment) Act, 2025, and the Mussalman Wakf (Repeal) Bill, 2024, seek to fix issues in the 1995 Act and the 2013 Amendment, let's look at the Waqf Act 1995.

4/ What is the Waqf Act of 1995?

The Waqf Act, 1995 was enacted to regulate, protect, and manage Waqf properties in India, ensuring they are used only for religious and charitable purposes.

Key Provisions of the Waqf Act of 1995?

A. Role of Waqf Bodies: Though the State Waqf Boards and Central Waqf Council were first created in 1954, the 1995 Act reorganized them with new rules, stricter oversight, and an updated governance framework.

• State Waqf Boards are set up to oversee Waqf properties.

• The Central Waqf Council advises and supervises these boards.

• A Mutawalli (caretaker) manages individual Waqf properties.

Example: If someone donates land for a madrasa (a Muslim college/university/school), the Waqf Board ensures it isn't misused.

B. Waqf Tribunals: Special Waqf Tribunals handle Waqf-related disputes instead of civil courts. They have the same powers as civil courts under the Code of Civil Procedure, 1908.

Example: If a shop is illegally built on Waqf land, the tribunal can order its removal. They can summon witnesses and enforce orders like a regular court.

C. Finality of Tribunal Decisions: Decisions of Waqf Tribunals are final—civil courts cannot intervene.

Example: If a tribunal declares a mosque's land as Waqf property, this ruling cannot be challenged in a civil court.

The debate over the governance of religious institutions in India raises several critical legal and constitutional questions. Here are different views:

A. Why a Waqf Board but No Hindu Board? – The Waqf Board is a statutory body managing properties dedicated to Islamic religious and charitable purposes. However, Hindu temples, particularly prominent ones, are often brought under state control due to concerns over mismanagement. Some argue this creates an imbalance in religious autonomy.

B. State Intervention in Temple Affairs – Many large temples in states like Maharashtra, Tamil Nadu, and Karnataka are managed by government-appointed boards, with revenue often used for public welfare initiatives. This has led to concerns that temples lack self-governance, unlike mosques and churches.

C. Legal Framework & Historical Context – The government regulates temples under various state laws, citing the need for transparency and proper administration. In contrast, Waqf properties are managed independently under the Waqf Act. The distinction stems from historical legal frameworks rather than explicit bias.

D. Key Constitutional Questions – The issue highlights Article 26 of the Constitution, which grants religious denominations the right to manage their own affairs. Critics argue that state control over temples contradicts this right, while supporters claim it ensures better governance and prevents mismanagement.

5/ What is the need for the Waqf (Amendment) Act, 2025?

The government argues that the 1995 law has several loopholes, including:

6/ Changes Proposed by the Waqf (Amendment) Act, 2025

1. Renaming as UMEED Act: The Act is called UMEED, which stands for "Unified Management, Empowerment, Efficiency, and Development." This new name reflects its goal of better governance and modern management of Waqf properties.

2. Inclusion of Non-Muslim Members in Waqf Boards: For the first time, non-Muslims can be part of State and Central Waqf Boards. This is meant to make the boards more inclusive and transparent, ensuring better decision-making that benefits everyone.

Previously, only Muslims could oversee Waqf properties. Now, experts from other backgrounds—like finance, law, and social work can also contribute.

3. Removal of ‘Waqf by User’ Rule: Earlier, if a property was used for religious purposes for a long time, it could be declared Waqf land even without formal documentation. This led to disputes and land ownership issues. Now, this rule is removed, except for already registered Waqf properties (unless they are in conflict with the government).

For instance: If a piece of land was used as a prayer area for years but was never officially designated as Waqf, it can no longer be claimed as Waqf land just based on usage.

4. Abolition of Sec 40 (Waqf Board’s Authority Over Land): Earlier, Section 40 of the Waqf Act 1995 allowed the Waqf Board to declare any property as Waqf, even if the owner had no intention of making it Waqf. This led to many disputes. Now, the act removes this power, ensuring fairness in land ownership.

For instance: If a private individual owned land but the Waqf Board decided to classify it as Waqf, individual could lose their land unfairly. The new law prevents this from happening.

5. Exclusion of Trusts from Waqf Rules: The act now makes a clear distinction between Waqf and trusts. If a Muslim creates a trust (for charity, education, or welfare), it will not automatically be treated as Waqf property.

For instance, if a Muslim businessman creates a trust for orphan care, it will not be governed by Waqf laws unless it is specifically declared a Waqf.

6. Eligibility for Waqf Dedication (Who Can Donate Property?): Only practicing Muslims (for at least five years) can dedicate property as Waqf. This restores the pre-2013 rule, ensuring that donations are genuine and voluntary.

7. Role of Women in Waqf: The amendment mandates the inclusion of 2 Muslim women in State Waqf Boards (Section 14) and the Central Waqf Council (Section 9), giving them a voice in Waqf governance. This aims to ensure better allocation of resources toward education, healthcare, skill development, and legal aid for Muslim women.

8. Application of the Limitation Act (Time Limit for Legal Cases): Many Waqf-related disputes have dragged on for decades. The act applies the Limitation Act, 1963, which sets a time limit of 12 years for filing legal cases.

For instance: If someone wants to challenge a Waqf property claim, they must do so within 12 years (as per the Limitation Act 1963) of time frame, preventing never-ending court battles.

9. Protection of Tribal Lands: The act bans the conversion of Schedule V and Schedule VI tribal lands into Waqf property. This protects tribal communities from land disputes.

For instance, if a tribal village owns land in Assam, Meghalaya, Tripura or Mizoram, it cannot be taken as Waqf property, ensuring that tribal rights remain intact.

10. Waqf Tribunal Composition (Retaining 3 Members): The act initially proposed reducing Waqf tribunals to 2 members but later kept it at 3 based on recommendations from experts. This helps in fairer dispute resolution.

11. Investigation of Government Properties: If a government land is claimed as Waqf, an officer higher than a district collector must investigate and verify it before any decision is made.

Example: If a government school's land is claimed as Waqf, an experienced officer (higher than a collector) will review the case, ensuring transparency.

12. Dispute Resolution (Final Decision by Senior Government Official): Instead of Waqf tribunals, a senior government officer will now decide whether a property belongs to Waqf or the government.

13. Appeal to High Court (More Legal Options): Earlier, people had limited rights to appeal against Waqf Tribunal decisions. Now, they can challenge Waqf Tribunal rulings in the High Court, ensuring better legal recourse.

14. Mandatory Online Registration of Waqf Properties: Waqf property managers (Mutawallis) must register all Waqf details online within six months. This brings transparency and accountability.

Example: Instead of relying on paper records, all Waqf properties will now be listed on a central online portal, reducing fraud and misuse.

15. Financial Reforms (Reduced Contribution to Waqf Boards): Waqf institutions previously had to contribute 7% of their income to Waqf Boards. Now, it is reduced to 5%, so more funds go directly to charitable work.

16. Mandatory Audits for High-Income Waqf Institutions: If a Waqf property earns more than ₹1 lakh per year, it must undergo a government-mandated audit. This ensures financial transparency and prevents misuse of funds.

Example: If a Waqf hospital or school earns ₹5 lakh annually, its income and expenses must be properly audited to prevent corruption.

7/ Difference between the Waqf Act of 1913, 1954, 1995 and the Waqf (Amendment) Act, 2025

8/ Criticisms of the Waqf Amendment Act 2025

• The Waqf Amendment Act 2025 has been criticized for interfering with religious autonomy by mandating non-Muslim representation on Waqf boards, which many believe violates Articles 25 and 26 of the Constitution. 

• Increased government control over Waqf properties and disputes, shifting power from Waqf Boards to state authorities, is seen as a bureaucratic overreach that may lead to political influence and inefficiencies. 

• The abolition of "Waqf by user" and Section 40 raises concerns over the legal status of properties historically used for religious purposes without formal documentation, potentially reducing arbitrary claims but also limiting protections. 

• Transferring property dispute resolution from Waqf Tribunals to District Collectors is feared to increase litigation and delay resolutions, as government officials may lack expertise in Waqf laws.

• The Act has been introduced without significant consultation with the Muslim community, raising concerns about its legitimacy and acceptance, leading to opposition from key stakeholders.

Conclusion

The Waqf system has long played a key role in religious and charitable work in India, but its management has often been surrounded by legal disputes, lack of transparency, and allegations of misuse. The Waqf (Amendment) Act, 2025, aims to tackle these challenges by introducing major reforms, such as removing "Waqf by User," allowing non-Muslims in Waqf Boards, and permitting appeals in the High Court. While these changes are meant to bring accountability and fairness, they have also sparked concerns among some Muslim groups who fear government overreach into religious matters.

You should read this blog for a better understanding:

• Right to Freedom of Religion under the Indian Constitution
• The Places of Worship Act 1991

FAQs on Waqf Act 2025

1. How many non-Muslim stakeholders are in the Central Waqf Council?
   2 out of 22 members (excluding ex-officio) can be non-Muslims.

2. How many non-Muslim stakeholders are in State Waqf Boards?
   2 out of 11 members (excluding ex-officio) can be non-Muslims.

3. Who can dedicate property to Waqf?
   Only practising Muslims for at least 5 years.

4. What happens to the 'Waqf by User' properties?
   They remain Waqf unless legally disputed or identified as government land.

5. What are women's rights in family Waqf?
   Women must receive their inheritance first, with provisions for widows, divorced women, and orphans.