The Waqf (Amendment) Act, 2025, which received presidential assent on April 5, 2025, introduces significant reforms to the administration and governance of waqf properties in India. Waqf properties are assets dedicated to religious or charitable purposes under Islamic law, and the amendments aim to enhance transparency, accountability, and inclusivity in their management
On August 8, 2024, two bills, the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha with an aim to streamline the Waqf Board’s work and ensure the efficient management of Waqf properties.
The objective of the Waqf (Amendment) Bill, 2024, is to amend the Waqf Act, 1995, to redress the issues and challenges in regulating and managing Waqf properties. The Amendment Bill seeks to improve the administration and management of waqf properties in India. It aims to overcome the shortcomings of the previous act and enhance the efficiency of Waqf boards by introducing changes such as renaming the Act, updating the definitions of waqf, improving the registration process, and increasing the role of technology in managing waqf records.
The primary objective of the Mussalman Wakf (Repeal) Bill, 2024 is to repeal the Mussalman Wakf Act, 1923, a colonial-era legislation that has become outdated and inadequate for managing waqf properties in modern India. The repeal aims to ensure uniformity, transparency, and accountability in the administration and management of waqf properties under the Waqf Act, 1995, thus eliminating inconsistencies and ambiguities caused by the continued existence of this redundant law.
The Waqf (Amendment) Bill, 2024: FAQs
What is the meaning of ‘Waqf’?
Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary. As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.
What is origin of the concept of ‘Waqf’?
In India, the history of Waqf can be traced back to the early days of the Delhi Sultanate when Sultan Muizuddin Sam Ghaor dedicated two villages in favour of the Jama Masjid of Multan and handed its administration to Shaikhul Islam. As the Delhi Sultanate and later Islamic dynasties flourished in India, the number of Waqf properties kept increasing in India.
There was a case made for the abolition of Waqfs in India in the late 19th Century when a dispute over a Waqf property ended up in the Privy Council of London during the days of the British Raj. The four British judges who heard the case described the Waqf as “a perpetuity of the worst and the most pernicious kind” and declared Waqf to be invalid. However, the decision by the four judges was not accepted in India, and the Mussalman Waqf Validating Act of 1913 saved the institution of Waqf in India. Since then, no attempt has been made to curb Waqfs.
What are the key legislative changes and developments in the administration of Waqf properties in India through Waqf Act?
The Waqf Act, 1954 – Waqf has only been strengthened post-independence. The Waqf Act of 1954 passed provided a pathway toward the centralisation of Waqfs. Central Waqf Council of India, a statutory body was established in 1964 by the Government of India under this Waqf Act of 1954. This central body oversees the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.
The Waqf Act, 1995 – The Waqf Act was made even more favourable to Muslims in 1995, which made it an overriding law. The Waqf Act, 1995 was enacted to govern the administration of Waqf Properties (Religious Endowments) in India. It provides for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli. This Act also describes the power and restrictions of a Waqf Tribunal that acts in lieu of a civil court under its jurisdiction. The Waqf Tribunals are deemed to be a civil court and required to exercise all the powers and functions exercised by a civil court under the Code of Civil Procedure, 1908. The decision of a Tribunal shall be final and binding on the parties. No suit or legal proceedings shall lie under any civil court. Thus, making the Waqf Tribunal decisions above any civil court.
Amendments in 2013 – Some provisions of the Act were amended in the year 2013 to make waqf management more efficient and transparent. However, during the course of implementation of the Act, it was felt that the Act did not prove effective in improving administration of Waqf.
The Waqf Repeal Bill, 2022 – For the purpose of achieving a more equitable arrangement and treatment of bodies such as waqf and other recognized religious entities established under similar intent, the aforesaid Waqf Act, 1995 as amended was tabled in Rajya Sabha on December 8, 2023.
Are the Waqf properties revocable?
No, since the ownership of the property is transferred to Allah from the waqif in the case of Waqf, and property cannot be taken back from Allah, once a property becomes Waqf, it will always stay Waqf, making it irrevocable. Once a property is declared waqf, it remains so forever. Examples include the Bengaluru Eidgah ground, claimed as waqf property since the 1850s. Similarly, the Surat Municipal Corporation building, claimed due to historical use as sarai during Hajj in the Mughal era.
Do all the Islamic Countries have Waqf Properties?
No, not all the Islamic countries have Waqf properties. Islamic Countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq do not have Waqfs. However, in India, not only are Waqf Boards the largest urban landowners, but they also have an Act protecting them legally.
How many properties does the Waqf Board control?
Wakf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest waqf holding in the World. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
What are the issues concerned with Waqf Board?
The Major issues highlighted by the stakeholders are of limited diversity in constitution of Waqf Board and Central Waqf Council, misuse of power by Mutawallis, non-maintenance of proper accounts of properties by Mutawallis, lack of effective coordination with local revenue authorities, issues of removal of encroachments, registration and declaration of title of WAQF properties, sweeping power to Waqf Boards for claiming properties resulting in disputes and litigation, non-applicability of Limitation Act resulting in creating disharmony among the communities, Low and negligible income from Waqf properties etc. The issues concerned with Waqf Board are as follows:
Irrevocability of Waqf Properties: The principle of “once a waqf, always a waqf” has led to various disputes and claims. Some of which, like the claim on two islands in Bet Dwarka, have been deemed perplexing by courts.
Litigation and Mismanagement: The Waqf Act, 1995, and its 2013 amendment have been criticized for inefficacy, leading to issues like encroachment, mismanagement, ownership disputes, and delays in registration and surveys. A number of issues have also been communicated to the Ministry regarding problem of ownership title and possession of Waqf Properties; complaints and grievances of registration, functioning of Tribunal and related large scale litigations etc.
No Judicial Oversight: There is no judicial oversight on tribunal decisions, further complicating waqf management. Without the possibility of appealing to a higher judicial body, decisions made by the tribunal may undermine transparency, and accountability in the management of waqf properties.
Unsatisfactory Survey Work: The work of survey of Waqf Properties by the Survey Commissioner was found unsatisfactory. Even the survey of Waqf Properties still remains to be started in the State of Gujarat and Uttrakhand. In Uttar Pradesh, the survey was ordered in 2014 and it is yet to be started. The major issue of non-completion of survey is lack of expertise of Survey Commissioners in survey work.. Further, there are issues of coordinating survey reports with the Revenue Department to carry out work of registration of Waqf Properties smoothly.
Mis-use of Provisions: It was observed that the State Waqf Boards have also mis-used some of the provisions of the Act which created disharmony and discontent among the communities. Section 40 of the Waqf Act was widely misused to acquire and declare a property as waqf property. This has not only generated enormous number of litigations but also disharmony among the Communities.
Constitutional Validity: Waqf Act is a special Act for religious properties of only one religion of the country, when no such law exists for any other religion. In fact, a PIL has been currently filed in the Delhi High Court asking this very question. Delhi HC has issued notice to the central government on this plea regarding the constitutional validity of Waqf.
What were the steps taken by the Ministry before introduction of amendment bills?
The Ministry has initiated the process of review of provisions of Waqf Act, 1995 and had consultations with Stakeholders. Two meetings were conducted last year, one in Lucknow on 24.07.23 and another at New Delhi on 20.07.23 wherein most of the following issues were discussed, wherein consensus had emerged to make suitable amendment in the Act to solve the problems of the affected Stakeholders.
Which stakeholders have been consulted by the Ministry?
The Ministry of Minority Affairs consulted various stakeholders which interalia includes; report of the Sachar Committee, observations of Joint Parliamentary Committees (JPCs), concern raised by public representatives, Media and general public regarding mismanagement, misuse of powers of Waqf act and underutilization of Waqf Properties by the Waqf institutions. The Ministry also had consultation with State Waqf Boards.
What are the recommendations by the Sachar Committee?
The Sachar Committee observed that if these properties are put up to efficient and marketable use , they can generate at least a minimum revenue of 10% which is about Rs. 12000 crores per annum. The Sachar Committee submitted its Report in 2006 and recommended various measures to improve the management of Waqf.
What are the key features of the Waqf (Amendment) Bill, 2024?
Key features of the Waqf (Amendment) Bill, 2024
- Renaming the Waqf Act, 1995: The Act has been renamed to the Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995, to reflect its broader objective of improving the management and efficiency of Waqf boards and properties, emphasising empowerment and development along with effective administration.
- Formation of Waqf: The Act allows waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad).
The Bill states that only a person practising Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared.
It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes.
It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor’s heir including women heirs.
- Government property as Waqf: The Bill states that any government property identified as waqf will cease to be so. The Collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed a government property, he will update the revenue records.
- Power to determine if a property is waqf: The Act empowers the Waqf Board to inquire and determine if a property is waqf. The Bill removes this provision.
- Survey of waqf: The Act provides for appointment of a Survey Commissioner and additional commissioners to survey waqf. The Bill instead empowers Collectors to do the survey. Pending surveys will be conducted as per the state revenue laws.
- Central Waqf Council: The Act constitutes the Central Waqf Council to advise the central and state governments and Waqf Boards. The Union Minister in-charge of Waqf is the ex-officio chairperson of the Council. The Act requires that all Council members be Muslims, and at least two must be women. The Bill instead provides that two members must be non-Muslims. MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims.
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