Introduction and the Purpose of the Amendment

  • The Waqf (Amendment) Act, 2025, passed by the Parliament and has received assent from the President.
  • The Amendment provides the government with the authority to regulate Waqf properties and settle related disputes.
  • The purpose of the Act is to enhance the efficacy of Waqf boards, update the definitions of Waqf, streamline the registration process, and promote the use of technology in record management.

 

What is Waqf?

  • Waqf refers to an endowment established by a Muslim for religious or charitable purposes such as establishing mosques, schools, hospitals, or other public institutions.
  • Once a property is conferred as a Waqf, it becomes inalienable i.e. it cannot be sold, gifted, inherited or encumbered.

 

Key Provisions of the 2025 Act

  • The significant revisions include the separation of Trusts from Waqf, the eligibility of Waqf dedication, women's rights in Family Waqf, ending arbitrary property claims, establishment of Waqf tribunals, and reduction in Annual Contributions.
  • The Act also focuses on technological and central portal establishment for property management, diversification of representation on Waqf boards, and the application of the Limitation Act to Waqf property claims.

 

Need for the Waqf (Amendment) Act, 2025

  • The perpetual nature of a Waqf property has led to various intricate disputes. The 2025 Act aims to clarify and resolve these issues.
  • Other issues such as poor management, lack of judicial oversight, and misuse of powers by the Waqf Board necessitated the need for this amendment.

 

Concerns Related to the Waqf (Amendment) Act, 2025

The Amendment Act has given rise to concerns about increasing government control, a decrease in Muslim representation, ambiguity in defining a “practising Muslim”, and the removal of the "Waqf by user" principle.

 

Conclusion

  • Whilst the intent of the 2025 Act is to enhance transparency, avoid misuse and streamline legal and tech-based reforms, it has sparked concerns regarding government control and community autonomy.
  • The rules for the Waqf (Amendment) Act, 2025 are yet to be released and are awaited to address ambiguity and resolve concerns.