The Waqf (Amendment) Bill of 2025 has stirred considerable debate across India. With sweeping reforms introduced in how Waqf properties are managed, donated, surveyed, and litigated, the amendments mark a major shift from past practices. These changes are being viewed as attempts to ensure transparency, fair representation, and legal accountability in the administration of Waqf assets, which are often vast and historically contentious.
In this article, we’ll examine the key provisions of the Waqf (Amendment) Bill, comparing the old vs. new rules across seven crucial areas. This comparative analysis is designed to help legal professionals, students, and affected parties understand the implications of the latest reforms.
1. Who Can Be a Waqif (Donor)?
Old Provision:
Previously, any person—Muslim or non-Muslim—could donate movable or immovable property as Waqf, as long as the donation was made in the name of Allah and used for religious, charitable, or pious purposes.
New Provision (2025 Amendment):
Under the new law, only practicing Muslims who have professed the Islamic faith for at least five years can donate property as Waqf. This change restricts the inclusiveness of the earlier framework, potentially excluding philanthropic contributions from non-Muslim benefactors.
Implication:
While it aligns Waqf more strictly with Islamic jurisprudence, the amendment could lead to legal challenges, especially in cases where non-Muslim donors had historically contributed Waqf property.
2. Composition of the State Waqf Board (SWB)
Old Provision:
The CEO of a State Waqf Board had to be a Muslim, and board members were predominantly from the Muslim community.
New Provision:
The religious requirement for the CEO has been removed. Moreover, the board must now include at least two non-Muslim members and at least two women. This inclusion aligns with modern governance principles of diversity and representation.
Implication:
The inclusion of non-Muslims and women marks a significant cultural shift and is likely aimed at institutional transparency. However, this may be challenged on religious grounds by traditionalist groups.
3. Survey of Waqf Properties
Old Provision:
Surveys were conducted by Survey Commissioners appointed by respective state governments, often leading to disputes over impartiality.
New Provision:
Surveys must now be carried out by senior government officers above the rank of District Collector. This aims to bring more credibility and senior oversight to the process.
Implication:
This change could increase trust in survey results and reduce allegations of bias or corruption, especially in urban land and graveyard disputes.
4. Encroachment and Property Reclamation
Old Provision:
There was no time limit to reclaim encroached Waqf property, allowing the State Waqf Board to recover lands even after decades.
New Provision:
The board cannot reclaim property if it has been encroached upon for more than 12 years, invoking principles of adverse possession similar to civil property law.
Implication:
While this reduces legal uncertainty and prolonged disputes, it could also legitimize long-standing encroachments, including those made illegally.
5. Declaration of Waqf Properties
Old Provision:
Even without a formal deed, a property could be declared Waqf if the Muslim community used it consistently for religious purposes, like prayer or burial.
New Provision:
A valid Waqf deed is now mandatory, particularly for disputed or government-owned properties. Customary or communal usage alone is not sufficient.
Implication:
This reduces the risk of arbitrary declarations, especially over government land. But it may also invalidate long-standing community claims lacking formal documentation.
6. Registration and Digital Record-Keeping
New Introduction:
A national digital portal will be launched, requiring all Waqf properties to be registered within six months. Unregistered properties cannot be litigated or disputed in court.
Implication:
The shift to digital governance could improve oversight and eliminate duplicate or fraudulent entries, but property holders must act quickly to meet deadlines.
7. Dispute Resolution Mechanism
Old Provision:
Disputes related to Waqf properties were handled by Waqf Tribunals, usually composed of two members—often a judicial officer and a government appointee. Their decisions were final and binding.
New Provision:
Now, the Tribunal must include a district judge, a senior state officer, and an expert in Muslim law. Further, parties can file appeals in the respective High Courts within 90 days of the verdict.
Implication:
This introduces a stronger judicial layer and allows legal recourse through appellate courts, promoting fairness and reducing the Waqf Board’s unilateral powers.
Why These Changes Matter
These amendments impact property law, religious rights, and minority governance in India. The Waqf boards collectively manage over 6 lakh registered properties across the country, including schools, mosques, dargahs, hospitals, and graveyards. The changes in law directly affect:
- Muslim donors and heirs
- State Waqf Boards and their employees
- Encroachers and long-term occupants
- Real estate developers and urban planners
- Legal professionals handling property law and religious trusts
Legal and Political Reactions
The Waqf (Amendment) Bill, 2025 has received mixed reactions:
- Supporters argue that it modernizes an outdated system, ensures gender inclusivity, and aligns Waqf operations with constitutional values.
- Critics, including several Muslim organizations, believe it dilutes Islamic principles, infringes upon religious autonomy, and may be used to undermine community control over assets.
Multiple petitions are likely to reach High Courts and the Supreme Court over the next few months, challenging certain provisions as unconstitutional.
The Waqf (Amendment) Bill of 2025 represents a significant shift in how Waqf assets are defined, administered, and protected under Indian law. With growing debates over religious freedom, land use, and judicial oversight, this legislation is bound to remain a hot legal topic in the coming months. Whether it achieves transparency or leads to new disputes, only time—and the courts—will tell.
FAQs on The Waqf (Amendment) Bill of 2025
- Can a non-Muslim donate property as Waqf under the new law?
No. As per the 2025 amendment, only a practicing Muslim of at least five years can donate property as Waqf. - Are unregistered Waqf properties protected under law?
No. Any Waqf property that is not registered within six months via the new online portal cannot be legally disputed or claimed in court. - Can I appeal a Waqf Tribunal decision under the new law?
Yes. Appeals can now be filed in the High Court within 90 days, unlike earlier where tribunal decisions were final. - What happens to Waqf property encroached for over 12 years?
The Waqf Board cannot reclaim properties encroached for more than 12 years, recognizing principles of adverse possession. - Is the religious requirement for the Waqf Board CEO still valid?
No. The new law removes the religious requirement. CEOs can now be appointed based on merit, irrespective of religion.