The Waqf (Amendment) Act, 2025

The Waqf (Amendment) Act, 2025 was introduced in the Indian Lok Sabha on 8 August 2024. It seeks to repeal Mussalman Wakf Act, 1923 and amend the Waqf Act, 1995. The Act regulates waqf property in India. The act renames the Act to United Waqf Management, Empowerment, Efficiency and Development Act, 1995 (UWMEED Act 1995).
The amendment incorporates 25 recommendations from the Joint Parliamentary Committee (JPC), aims for the removal of inequality, introduction of gender equality by mandating representation of at least two Muslim women on the Central Waqf Council and State Waqf Boards and ensuring female inheritance rights, and promotion of sectarian inclusivity by requiring representation from various Muslim sects on State Waqf Boards. The act empowers the Central Government to create rules for Waqf registration, auditing, and accounts, ensuring transparency and accountability. An appeal process is also included, allowing decisions made by Waqf tribunals to be challenged in the High Court within 90 days.
Waqf Act 1995 was the last act which was regulating waqf properties in India prior to its renaming in 2025, and defines Waqf as an endowment of movable or immovable property for purposes considered pious, religious, or charitable under Muslim law. Every state is required to constitute a Waqf Board to manage waqf.
The first waqf in the Indian subcontinent was documented in the 12th century when Muslim invader Muhammad Ghori, after his victory over the native Hindu king Prithviraj Chauhan, established Muslim rule in India and a waqf with two villages through a recorded grant. Under the Delhi Sultanate, Waqf properties expanded, with sultans like Iltutmish, Muhammad bin Tughlaq and Alauddin Khilji establishing and maintaining them. The Mughal Empire furthered Waqf development, with Akbar and Shah Jahan endowing significant properties, including the Taj Mahal. The system's reach extended into rural areas with Muslim community expansion and conversions. Funding for Waqf was generated through the revenue of endowed villages, which were often predominantly Hindu villages, and were utilised for mosques and madrasas. Waqf system gained a more formal modern legal structure during British rule in the Indian subcontinent under the still applicable Indian laws when Waqf Boards were formed in 1913. Mussalman Waqf act 1923 was established for the purpose of advising it on matters pertaining to the working of the State Waqf Boards and proper administration of the Waqfs in the country. Waqf is a permanent dedication of movable or immovable properties for religious purposes as recognised by Muslim Law. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.
Reforms in Waqf regulation and legislations has been a big topic in recent decades in Indian politics and media, with the Bharatiya Janata Party making promises of doing it several times in their electoral manifestoes. Controversies, including corruption and land grabbing such as Karnataka Wakf Board Land Scam, led to the introduction of "The Waqf (Amendment) Bill, 2024" which was passed in 2025 to introduce transparency and accountability in Waqf. Waqf land in India has expanded dramatically to encompass 870,000 properties worth ₹100,000 crore (US$12 billion) covering a total of 940,000 acres (3,808 sq km) making waqf third-biggest property-holders in India after the Indian Railways and the Indian Armed Forces, a growth facilitated by subsequent Muslim rulers and politicians. The 2006 Sachar Committee found waqf assets were undervalued and mismanaged, estimating 4.9 lakh properties worth Rs 6,000 crore but generating only Rs 163 crore in income. It highlighted issues like poor governance and recommended reforms in management and oversight. Controversies have arisen from unchecked land grab and the rapid growth of Waqf holdings, exemplified by the case of entire predominantly Hindu village of Thiruchenthurai in Tiruchirapalli district of Tamil Nadu, including the 1,500-year-old Sundareswarar Temple, claimed by the Tamil Nadu Waqf Board, leaving residents bewildered and the nation angry because the waqf properties are irrevocable and immune to sale or transfer under the law, thus giving rise to the demand of amendment or revocation of waqf system and laws.
A 31-member JPC had been established to review the Waqf (Amendment) Bill, 2024. The committee comprised 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by MoMA Kiren Rijiju on 9 August 2024. Some rounds of the JPC meetings were boycotted by few members from opposition parties, including TMC MP Kalyan Banerjee.
Critics, including opposition parties, have raised concerns about the bill's constitutional validity and its potential impact on minority rights. Such concerns include:
Some argue that it could lead to government overreach in the management of Waqf properties. The government has defended the bill, stating that it aims to bring transparency and accountability to the management of Waqf properties. Home Minister Amit Shah emphasised that the bill does not encroach upon religious practices but seeks to ensure proper utilisation of these charitable endowments.
Congress MP Mohammed Jawed and AIMIM chief Asaduddin Owaisi separately challenged the Waqf (Amendment) Act 2025 in the Supreme Court on April 4, 2025.
This article incorporates text by PRS Legislative Research available under the CC BY 4.0 license.