Waqf Amendment Bill 2025: Key Changes & Impact Explained

The Waqf Amendment Bill 2025 was passed in the Indian Parliament on April 2, 2025, after a 12-hour long debate, with 288 votes in favor and 232 against it. This amendment aims to reform the Waqf Act of 1955, which governs the management of properties donated by Muslims for religious, pious, or charitable purposes.

However, due to the constant misuse of the Waqf Act 1955 and its unconstitutional and biased sections, the need for this major amendment arose. Let’s delve deeper to understand its origin, evolution, disputes, misuses, and how this amendment will benefit Indian citizens.

Origin of Waqf in India and Its Meaning

What is the meaning of Waqf?

In Islamic law, the meaning of Waqf is ‘to detain’ or ‘to hold.’ Waqf is an Islamic practice where a Muslim gives his property for charitable, religious, or pious purposes. The idea is that the property is dedicated to Allah, and once it is declared as Waqf property, it cannot be reclaimed.

Tracing Back to the 12th Century

Waqf has been in India since the 12th century. The first known example was in 1192 when Sultan Muhammad Ghori gave two villages to a mosque in Multan after he defeated a local king.

Over time, Muslim rulers in India, like Iltutmish, Alauddin Khilji, Akbar, and Shah Jahan, gave large amounts of land to support mosques, schools, and other welfare work. Some of these lands even helped fund famous buildings like the Taj Mahal.

British Rule and the First Law

The British colonial authorities introduced the first legal framework for Waqf. A notable case from the 19th century came to the Privy Council in London regarding Waqf, and judges criticized Waqf as “perpetuity of the worst and most pernicious kind”, meaning something that lasts forever but is extremely harmful.

The result was the Mussalman Waqf Validating Act of 1913, which reversed the Privy Council’s decision, legally recognizing Waqf and validating family endowments (waqf-alal-aulad).

In 1923, another law was passed to ensure Waqf trustees (called mutawallis) kept proper records and that courts could handle Waqf disputes. But the laws were not very organized, and mismanagement continued.

Post-Independence Waqf Amendments

The Waqf Act of 1954

After India gained independence in 1947, there was a need for a unified law to manage Waqf properties. The Waqf Act of 1954, passed by Jawaharlal Nehru’s government, created State Waqf Boards and the Central Waqf Council (formed in 1964) to oversee Waqf properties, especially after Partition and migration to Pakistan.

This act replaced earlier laws, like the 1923 Act, but issues like encroachments and poor management continued. The 1954 Act was amended in 1959, 1964, and 1969, but problems persisted. In 1984, a committee suggested reforms, leading to some updates.

Waqf Act of 1995

The most significant change came with the Waqf Act of 1995, which strengthened Waqf Boards, set up Waqf Tribunals for disputes, and included Section 40, which allowed Boards to investigate and claim properties as Waqf, even if they were long in use (“waqf by user”). This made the Waqf management system more effective and organized.

The 2013 Amendment to the 1995 Act

The 2013 Amendment to the 1995 Waqf Act, passed by the UPA government, gave more power to Waqf Boards, making their decisions harder to challenge in court. It also added stronger measures to prevent illegal occupation (encroachments) of Waqf properties.

However, critics argued that this gave the boards too much power, leading to controversies, like in Tamil Nadu in 2022, where entire villages were claimed as Waqf. To address issues of mismanagement, corruption, and disputes, the Waqf Amendment Bill 2025 was passed by the Lok Sabha on April 2, 2025, under the NDA government.

This new law introduced important reforms: it removed Section 40, ended the practice of "Waqf by user," and required more diverse representation on Waqf Boards (including non-Muslims and women). It also moved dispute resolution to government officials, with appeals going to High Courts, to ensure more transparency and accountability.

What is Waqf Amendment Bill 2025?

The Waqf Amendment Bill 2025 abolished all the biased sections which could be misused for land encroachments. The bill also proposed various other amendments, described below.

Section 40 of the Waqf Act Removed: Section 40 provided Waqf Boards with arbitrary powers to decide if land belonged to Waqf or not. Even if the Board believed the property belonged to Waqf, there was no recourse, and individuals were forced to vacate the property. Now, the district collector will decide whether the property belongs to Waqf, not the board. This change ensures a fairer and more transparent process.

Section 3 Amended: This section added new meanings for words like "Collector" and "Waqf property". It now clearly defines who’s in charge and what constitutes Waqf land. This removes ambiguity and makes the process easier to understand.

Section 4: Previously, the Waqf Board conducted surveys to determine whether the land was Waqf or not, but now the district collector will carry out the surveys within six months. This reduces delays and confusion, making the process more efficient.

Section 9 Amended: Waqf Boards manage Waqf land in each state. Previously, the boards were mostly made up of Muslim men. The amendment now requires women and non-Muslims to be part of the boards, promoting diversity and ensuring everyone has a say in the management process.

Section 23 of the Waqf Act: The Chief Executive Officer (CEO) now has to be a government officer, as opposed to anyone being eligible before. This ensures that the CEO is trustworthy and bound by government rules, ensuring proper management of Waqf properties.

Section 32: Earlier, the Waqf Board could claim any land as Waqf without external verification. Now, a government officer (the Collector) must agree before the claim can be made. This prevents arbitrary land claims and adds an extra layer of oversight.

Section 37 – Waqf Properties to Be Listed: All Waqf properties must now be listed online in a central database. Previously, Waqf land records were messy and sometimes hidden, making it easier for fraud to occur. Now, every Waqf property will be publicly listed, ensuring transparency.

Section 52 of Waqf: The law now has clearer steps and deadlines for recovering Waqf land from illegal occupants. This makes it easier to protect Waqf land from misuse and encroachments.

Section 104 – Waqf by User Abolished: Previously, if land was used for Waqf purposes for a long time, it could become Waqf without proper documentation. Now, legal documents are required to prove a property is Waqf. This prevents false claims and protects landowners.

These changes in the Waqf Amendment Bill 2025 are aimed at increasing transparency, reducing misuse, and ensuring that Waqf properties are managed efficiently and fairly. The Waqf Amendment Bill 2025 rejected count was 232, which reflected strong opposition, but the passing of the bill marks a significant step forward in the reform of the Waqf system in India.

Disclaimer: This content is for informational purposes only and may contain inaccuracies or outdated information.