The Waqf (Amendment) Act, 2025, shaped by the meticulous recommendations of the Joint Parliamentary Committee (JPC), is more than a legislative update—it’s a transformative reckoning with the complexities of managing one of India’s most significant religious and charitable institutions. Waqf, rooted in the Islamic tradition of dedicating property for pious, charitable, or familial purposes, has long been a cornerstone of community welfare. Yet, its governance has often been marred by opacity, disputes, and inequities that undermine its noble intent. The amendments introduced in this Act confront these challenges head-on, weaving together transparency, fairness, and inclusivity to reimagine Waqf for a modern India. While not without risks, this reform signals a commitment to harmonizing tradition with the demands of justice and accountability.
At the heart of the Act lies a fundamental shift in how Waqf is defined and distinguished from other institutions. Clause (2A) of Section 2 explicitly separates trusts created by Muslims under any law from being classified as Waqf. This is no small change. For years, the conflation of trusts and Waqf has subjected Muslim-managed endowments to oversight by Waqf Boards, often stifling community autonomy. By granting Muslims the freedom to govern their trusts independently, the amendment restores agency, allowing individuals and families to manage their charitable and religious commitments without bureaucratic entanglement. It’s a move that respects the diversity of Islamic practice and acknowledges that centralized control isn’t always the answer.
Equally significant is the tightened eligibility for dedicating property as Waqf. Under Clause 3, Section 3(r), only practising Muslims who legally own property and have the right to transfer it can create Waqf. This reverses a 2013 amendment that controversially allowed non-Muslims to declare Waqf, a provision critics argued diluted the institution’s religious character. The new rule ensures that Waqf remains true to its Islamic roots while closing loopholes that could enable misuse. Some may view this as exclusionary in a secular state, but it’s hard to dispute the logic: Waqf is a faith-based institution, and its sanctity depends on authenticity. By prioritizing legal ownership and religious affiliation, the Act safeguards against contrivances that could erode trust in the system.
The removal of “Waqf by user” from the definition of Waqf, as outlined in Clause 3, Section 3(r)(i), is another pragmatic step. Properties historically deemed Waqf through customary use have often sparked disputes, especially when ownership is ambiguous. The amendment clarifies that only registered Waqf properties will fall under the Act’s purview, unless disputes arise or the property belongs to the government. Crucially, the Act is prospective, not retrospective, ensuring that existing arrangements aren’t upended. This balance—protecting established Waqf while preventing future vagueness—demonstrates a nuanced understanding of the stakes involved.
One of the Act’s most progressive provisions addresses a longstanding injustice: the marginalization of women in Waqf-alal-aulad (family Waqf). Clause 3, Section 3(r)(iv) and Clause 4, Section 3A(2) explicitly protect women’s inheritance rights, ensuring that heirs, including female heirs, aren’t deprived of their lawful share. Beyond this, the scope of such Waqf is expanded to include maintenance for widows, divorced women, and orphans, if intended by the waqif. This is a game-changer. Waqf, at its core, is about compassion and justice, yet cultural practices have sometimes excluded women from its benefits. By embedding gender equity in the law, the Act aligns Waqf with both Islamic principles and India’s constitutional commitment to equality. It’s a reform that could reshape family dynamics, giving women a stronger voice in their communities and a stake in their heritage.
Transparency, a perennial weak spot in Waqf governance, gets a much-needed overhaul through digitization. Clause 4, Section 3B(1) mandates that Mutawallis of registered Waqf properties upload details to a central portal within six months of the Act’s commencement, with the Waqf Tribunal empowered to grant an additional six-month extension if needed. Similarly, Clause 6, Section 5(2A) extends the timeline for State Governments to upload survey data from 15 days to 90 days, ensuring accuracy without undue pressure. These measures aim to create a digital ecosystem where Waqf properties are tracked, disputes are minimized, and mismanagement is curbed. But the devil lies in the details. Small Waqf institutions, particularly in rural areas, may struggle with the technological leap. The government must invest in infrastructure, training, and outreach to ensure that digitization doesn’t widen existing disparities.
The Act also tackles the contentious issue of government properties erroneously declared as Waqf. Clause 4, Section 3C(2) assigns an officer above the rank of Collector—termed a Designated Officer—to investigate such cases and submit a report to the State Government. Until the investigation concludes, these properties won’t be treated as Waqf. This change addresses a critical conflict of interest: Collectors, often tasked with managing government land, could face bias when adjudicating Waqf claims. By introducing an impartial officer, the Act aligns with natural justice, promising fairer outcomes in a domain rife with legal battles. It’s a subtle but powerful fix that could save years of litigation.
Inclusivity is another hallmark of the reforms. Clause 10, Section 13(2A) allows State Governments to establish separate Waqf Boards for Bohra and Aghakani communities, recognizing their distinct religious identities. This isn’t just about representation—it’s about justice. These communities, often overshadowed in mainstream Waqf governance, now have a platform to address their unique needs. The move reflects India’s pluralistic ethos, ensuring that Waqf management mirrors the diversity of Muslim practice. It’s a reminder that inclusion isn’t a buzzword; it’s a commitment to amplifying every voice.
The restructuring of Waqf Tribunals under Clause 35, Section 83 is a masterstroke in judicial reform. The JPC wisely rejected a proposed two-member Tribunal, retaining a three-member structure for better deliberation. Members, including serving and retired officials, will serve fixed tenures of five years or until age 65, ensuring stability. Requiring one member to have expertise in Muslim law and jurisprudence guarantees that rulings are grounded in both legal and religious contexts. These changes promise faster, fairer dispute resolution, addressing a system long plagued by delays and inefficiencies.
Finally, Clause 40A, Section 107 applies the Limitation Act, 1963, to Waqf-related claims, introducing clear time limits for litigation. This is a wake-up call for Waqf Boards, which have sometimes been lax in safeguarding properties. By curbing endless legal challenges, the provision strengthens accountability and protects Waqf assets from being tied up in courts indefinitely.
Yet, for all its promise, the Act isn’t a panacea. Digitization, while essential, risks leaving behind smaller institutions without adequate support. The exclusion of non-Muslims from creating Waqf, though logical, may fuel debates about secularism in a diverse nation. Protecting women’s rights is a noble goal, but cultural resistance in conservative pockets could slow progress. And while separate Boards for Bohras and Aghakanis are a step forward, other marginalized Muslim groups might feel overlooked. The government must navigate these challenges with sensitivity, ensuring robust implementation and continuous dialogue with stakeholders.
The Waqf (Amendment) Act, 2025, is a clarion call for reform—a vision of Waqf governance that’s transparent, equitable, and inclusive. It respects the institution’s sacred roots while adapting it to the realities of a changing world. If executed with care, these changes could not only revitalize Waqf management but also set a precedent for balancing faith and fairness in a pluralistic society. The path ahead is fraught with challenges, but the destination—a Waqf system that serves all, not just a few—is worth the journey. This is India at its best: embracing tradition, not as a relic, but as a living force for good.
