Introduction

The Waqf (Amendment) Act, 2025, officially titled the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UMEED Act), marks a significant reform in the administration of Waqf properties in India. Enacted to enhance transparency, accountability, and efficiency, the Act introduces transformative changes to the Waqf Act, 1995, addressing longstanding issues in Waqf property management. Passed by the Indian Parliament on 4 April 2025 after extensive deliberations—over 12 hours in the Lok Sabha and 14 hours in the Rajya Sabha—the Bill received presidential assent on 5 April 2025.

In Islamic law, Waqf refers to an inalienable endowment of property dedicated permanently for religious or charitable purposes, such as supporting mosques, educational institutions, or the underprivileged. The Waqf Act, 1995, and its 2013 amendments provided the legal framework for managing these properties through State Waqf Boards. However, challenges like mismanagement, lack of inclusivity, and inadequate oversight necessitated comprehensive reforms. The 2025 amendment, introduced in the Lok Sabha on 8 August 2024, incorporates 25 recommendations from the Joint Parliamentary Committee (JPC) to address these concerns.

Key provisions of the Act include abolishing the “Waqf by user” concept for future Waqf properties, mandating non-Muslim representation and at least two Muslim women on the Central Waqf Council and State Waqf Boards, and promoting sectarian inclusivity by representing diverse Muslim sects. The Act also ensures gender equality by recognizing female inheritance rights. To enhance transparency, it empowers the Central Government to regulate Waqf registration, auditing, and accounting, while introducing an appeal mechanism allowing Waqf tribunal decisions to be challenged in the High Court within 90 days. These reforms aim to streamline processes, resolve disputes effectively, and ensure equitable and efficient management of Waqf assets for the benefit of all stakeholders.

Objectives of Waqf Amendment Act 2025

The Waqf (Amendment) Act, 2025, passed by the Lok Sabha on April 3, 2025, introduces transformative changes to the Waqf Act, 1995, with the overarching goal of modernizing, streamlining, and enhancing the management, transparency, inclusivity, and efficiency of waqf properties in India. Renamed as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, the amendment addresses longstanding issues such as mismanagement, lack of transparency, disputes over government and tribal lands, and exclusionary governance structures. By analyzing the provisions outlined in the provided document, the objectives of the Act can be comprehensively understood. Below is a detailed explanation of these objectives, organized by key themes and supported by specific provisions from the amendment.

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Enhancing Transparency and Accountability in Waqf Management

• Objective: To establish a transparent, accountable, and efficient system for managing waqf properties, ensuring proper documentation, financial oversight, and public access to information to prevent mismanagement, fraud, or misuse.
• Provisions Supporting the Objective:
  • Section 3B (Filing of Details on Portal and Database): Every waqf registered prior to the amendment must submit detailed information (e.g., property boundaries, creator details, gross annual income, expenses, legal disputes) on a centralized portal within six months, with a possible six-month extension upon Tribunal approval. This digital platform ensures public accessibility and centralized monitoring.
  • Section 36(1A) (Mandatory Waqf Deed): From the commencement of the Act, no waqf can be created without a registered waqf deed, eliminating verbal or undocumented waqfs to ensure clarity and legal validity.
  • Section 47 (Audit Requirements): Waqfs with a net annual income exceeding ₹1 lakh (increased from ₹50,000) must undergo mandatory annual audits by auditors appointed from a state government panel, with specified remuneration. Audit reports must be published as prescribed by the Central Government, promoting financial transparency.
  • Section 48(2A) (Publication of Board Proceedings): Waqf Board proceedings and orders must be published in a manner prescribed by the Central Government, making decision-making processes accessible to stakeholders.
  • Sections 5(3) and 37(3) (Public Notice for Mutations): Revenue authorities must issue a 90-day public notice in two newspapers (one in the regional language) before mutating land records, providing affected parties an opportunity to be heard, ensuring transparency in property record updates.
  • Section 61 (Penalties for Non-Compliance): Mutawallis failing to upload waqf details, submit accounts, deliver possession, or follow Board/Collector directions face imprisonment up to six months and fines from ₹20,000 to ₹1 lakh, enforcing accountability.
  • Section 36(7) (Collector’s Verification for Registration): Waqf registration applications are forwarded to the Collector to verify genuineness, validity, and particulars, preventing fraudulent or erroneous registrations.
• Impact: These provisions collectively aim to digitize records, enforce financial and administrative accountability, and make waqf management transparent to stakeholders, reducing the scope for mismanagement or corruption.

Protecting Government, Public, and Tribal Properties

• Objective: To safeguard government properties, protected monuments, and tribal lands from being wrongly declared as waqf, resolving disputes and protecting public and community assets.
• Provisions Supporting the Objective:
  • Section 3C (Government Property Exclusion): Any property identified as belonging to a government organization (Central/State Governments, municipalities, panchayats, etc.) cannot be deemed waqf, regardless of prior declarations. A designated officer (above Collector rank) conducts inquiries to determine ownership, and revenue records are corrected if the property is governmental. Such properties are not treated as waqf until the inquiry concludes.
  • Section 3D (Protected Monuments and Areas): Waqf declarations involving protected monuments or areas under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, are void, protecting cultural heritage.
  • Section 3E (Scheduled and Tribal Areas): Lands belonging to Scheduled Tribes under the Fifth Schedule or Sixth Schedule of the Constitution cannot be declared waqf, safeguarding tribal land rights.
  • Section 4 (Collector’s Role in Surveys): Surveys of waqf properties, previously handled by the Survey Commissioner, are transferred to the Collector, who follows state revenue laws to verify claims rigorously, preventing wrongful inclusion of public properties.
  • Section 36(7A) (Disputed or Government Property Exclusion): Waqf registration is prohibited for properties wholly or partly in dispute or identified as government property unless resolved by a competent court.
  • Section 23 (Omission of Section 40): The omission of Section 40, which allowed Waqf Boards to inquire and declare properties as waqf, curbs arbitrary claims and ensures scrutiny by revenue authorities.
• Impact: These provisions protect public assets, cultural heritage, and tribal lands from erroneous waqf claims, ensuring disputes are resolved through rigorous, transparent processes led by senior officials and aligned with revenue laws.

Strengthening Legal and Administrative Frameworks

• Objective: To create a robust legal and administrative framework for waqf creation, registration, management, and dispute resolution, ensuring fairness, efficiency, and alignment with contemporary legal standards.
• Provisions Supporting the Objective:
  • Section 3A (Conditions for Waqf Creation): Only lawful property owners competent to transfer property can create a waqf, and waqf-alal-aulad must not deny inheritance rights, particularly to women heirs, ensuring equitable treatment.
  • Section 3(r) (Revised Waqf Definition): The definition of waqf requires the dedicator to have practiced Islam for at least five years, own the property, and ensure no contrivance in dedication, strengthening legal validity and preventing fraudulent waqfs.
  • Sections 6 and 7 (Extended Limitation Periods): The time limit for filing disputes related to waqf properties or their management is extended from one to two years, with provisions for condonation of delays if sufficient cause is shown, improving access to justice.
  • Section 83 (Tribunal Composition and Appeals): Tribunals consist of three members: a District Judge (Chairman), a Joint Secretary-level officer, and a Muslim law expert, with a tenure of five years or until age 65. Tribunal decisions are appealable to the High Court within 90 days, removing their finality. If a Tribunal is non-functional, appeals can go directly to the High Court.
  • Section 107 (Application of Limitation Act): The Limitation Act, 1963, applies to claims involving waqf properties, standardizing legal timelines and ensuring consistency with broader legal frameworks.
  • Sections 18, 30, 32, 42, 51, 91 (Updated Legal References): References to outdated laws (e.g., Indian Evidence Act, 1872; Land Acquisition Act, 1894; Code of Criminal Procedure, 1973) are updated to the Bharatiya Sakshya Adhiniyam, 2023, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and Bharatiya Nagarik Suraksha Sanhita, 2023, respectively, aligning with current legal standards.
  • Sections 15, 23, 43, 45 (Omission of Redundant Provisions): Sections like 20A (Judicial Review), 40 (Board’s inquiry powers), 104 (Protection of Actions), 108, and 108A are omitted to streamline the Act and remove overlapping or obsolete provisions.
• Impact: These provisions ensure waqf creation and management adhere to clear legal criteria, disputes are resolved fairly through accessible judicial processes, and the Act aligns with India’s modern legal framework, enhancing administrative efficiency.

Promoting Inclusivity and Diverse Representation

• Objective: To ensure waqf governance reflects India’s diverse society by including women, non-Muslims, and specific Muslim sects like Bohra and Aghakhani communities, fostering pluralistic administration.
• Provisions Supporting the Objective:
  • Section 9 (Central Waqf Council Composition): The Council, chaired by the Union Minister for waqf, includes three MPs, three representatives of Muslim organizations, three Board Chairpersons (by rotation), and one mutawalli representative. It mandates two women and two non-Muslim members (excluding ex officio members) and includes eminent scholars, judges, and professionals from diverse fields.
  • Section 14 (Waqf Board Composition): State Waqf Boards (up to 11 members) include a Chairperson, one MP, one state legislator, one mutawalli, one Islamic scholar, and elected municipal/panchayat members. Two women, two non-Muslims, and representatives from Shia, Sunni, Bohra, Aghakhani, and other backward Muslim classes are mandatory. In states with functional Bohra/Aghakhani waqfs, one member from each community is included.
  • Section 13 (Separate Boards for Bohra and Aghakhani Communities): State Governments may establish separate Waqf Boards for Bohra and Aghakhani communities, recognizing their distinct practices and needs.
  • Section 3 (Aghakhani and Bohra Waqf Definitions): Specific definitions for “Aghakhani waqf” and “Bohra waqf” are introduced, acknowledging their unique dedication practices.
• Impact: These provisions promote gender equity, religious diversity, and community-specific representation, ensuring waqf governance is inclusive and responsive to India’s pluralistic society.

Modernizing Waqf Administration through Digitalization

• Objective: To digitize waqf management processes, making them efficient, accessible, and centralized for better administration, monitoring, and public oversight.
• Provisions Supporting the Objective:
  • Section 3(ka) (Waqf Asset Management System): A centralized portal and database is established for registration, accounts, audits, and other waqf details, streamlining management and ensuring accessibility.
  • Section 36(9) (Digital Registration and Certificates): Waqf registration certificates are issued through the portal, reducing paperwork and enhancing accessibility.
  • Section 5(2A) (Uploading Waqf Lists): State Governments must upload notified waqf lists on the portal within 90 days of publication, ensuring digital availability.
  • Section 108B (Centralized Rule-Making): The Central Government is empowered to make rules for the waqf asset management system, registration, audits, and other administrative processes, ensuring uniformity and digital integration. Rules must be laid before Parliament for scrutiny.
  • Section 36(7) (Collector’s Role in Digital Verification): Collectors verify registration applications and submit reports to the Board, integrating digital and revenue processes.
• Impact: Digitalization centralizes waqf data, reduces bureaucratic inefficiencies, and enhances public and administrative access to records, aligning waqf management with modern governance standards.

Safeguarding Waqf Beneficiaries and Charitable Purposes

• Objective: To protect the rights of waqf beneficiaries, particularly vulnerable groups, and ensure waqf properties serve their intended religious or charitable purposes, including social welfare.
• Provisions Supporting the Objective:
  • Section 3(r) (Support for Vulnerable Groups): Waqf purposes explicitly include maintenance of widows, divorced women, and orphans, as prescribed by the Central Government, addressing social welfare needs.
  • Section 50A (Mutawalli Disqualifications): Mutawallis are disqualified if they are under 21 of unsound mind, insolvent, convicted of serious offenses (imprisonment ≥2 years), guilty of encroachment, or previously removed for mismanagement/corruption, ensuring trustworthy administration.
  • Section 52A (Penalties for Encroachment): Encroached waqf properties revert to the waqf, and the term “rigorous imprisonment” is replaced with “imprisonment,” maintaining strong deterrents. Sub-sections limiting penalties are omitted to strengthen enforcement.
  • Section 3B (Charitable Purpose Oversight): Waqf details must include amounts allocated for charitable purposes, ensuring alignment with intended objectives.
  • Section 72 (Reduced Contribution Rate): The mandatory waqf contribution to Boards is reduced from 7% to 5%, with a maximum amount to be prescribed, allowing more funds for charitable purposes.
• Impact: These provisions protect waqf beneficiaries, ensure competent management, and prioritize social welfare, aligning waqf objectives with community development goals.

Addressing Specific Community Needs

• Objective: To recognize and accommodate the unique practices of specific Muslim sects, particularly Aghakhani and Bohra communities, in waqf administration.
• Provisions Supporting the Objective:
  • Section 3 (Aghakhani and Bohra Waqf Definitions): Definitions for “Aghakhani waqf” and “Bohra waqf” are added, acknowledging their distinct dedication practices.
  • Sections 5, 6, 7, 14 (Inclusion in Governance): Aghakhani and Bohra waqfs are explicitly included in surveys, notifications, dispute resolution, and Board compositions, ensuring their interests are represented.
  • Section 13 (Separate Boards): The option to establish separate Waqf Boards for Bohra and Aghakhani communities caters to their specific administrative needs.
• Impact: These provisions ensure equitable representation and tailored governance for minority Muslim sects, addressing their unique religious and administrative requirements.

Streamlining Dispute Resolution and Judicial Oversight

• Objective: To reduce the finality of Tribunal decisions, provide higher judicial review, and streamline dispute resolution for fairness, accessibility, and efficiency.
• Provisions Supporting the Objective:
  • Sections 6, 7, 19, 29, 31, 33, 35, 37, 38 (Removal of Tribunal Finality): The phrase “decision of the Tribunal shall be final” is omitted across multiple sections, allowing appeals to the High Court.
  • Section 83(9) (High Court Appeals): Aggrieved parties can appeal Tribunal orders to the High Court within 90 days, enhancing judicial oversight.
  • Section 83(2) (Alternative Appeals): If a Tribunal is non-functional or unavailable, appeals can be made directly to the High Court, ensuring uninterrupted access to justice.
  • Section 83(1) (Flexible Tribunal Designation): Other Tribunals can be notified for waqf disputes, increasing flexibility in judicial administration.
  • Section 91 (Collector’s Timely Dispute Resolution): In land acquisition disputes, Collectors must issue orders within one month of the Board’s application, expediting resolutions.
• Impact: These provisions enhance access to justice, ensure fair dispute resolution, and provide robust judicial oversight, addressing previous limitations where Tribunal decisions were final.

Ensuring Timely Implementation and Compliance

• Objective: To enforce strict timelines for administrative actions, registration, and compliance to prevent delays and ensure efficient waqf management.
• Provisions Supporting the Objective:
  • Section 3B (Waqf Registration Deadline): Existing waqfs must file details on the portal within six months, with a possible six-month extension, ensuring prompt compliance.
  • Section 5(2A) (Uploading Waqf Lists): State Governments must upload waqf lists within 90 days of publication, ensuring timely digital integration.
  • Section 17 (Monthly Board Meetings): Waqf Boards must meet at least once a month, ensuring regular oversight and decision-making.
  • Section 65 (Mutawalli Removal Timeline): Mutawalli removal processes must conclude within six months, preventing prolonged disputes.
  • Section 28 (Board Decision Implementation): Board decisions must be implemented within 45 days, ensuring timely action.
  • Section 91 (Collector’s Orders in Land Acquisition): Collectors must resolve disputes within one month of the Board’s application, expediting legal processes.
• Impact: These time-bound provisions ensure efficient administration, reduce delays, and enforce compliance, enhancing the overall effectiveness of waqf management.

Aligning with Contemporary Legal and Governance Standards

• Objective: To update the Waqf Act to reflect current legal frameworks, remove redundant provisions, and align with modern governance principles for consistency and relevance.
• Provisions Supporting the Objective:
  • Sections 18, 30, 32, 42, 51, 91 (Updated Legal References): References to outdated laws are replaced with current statutes, ensuring alignment with India’s new legal framework.
  • Sections 15, 23, 43, 45 (Omission of Redundant Provisions): Sections like 20A, 40, 104, 108, and 108A are omitted to streamline the Act and remove overlapping or obsolete provisions.
  • Section 108B (Central Government Rulemaking): The Central Government is empowered to make rules for waqf management systems, audits, and other processes, ensuring standardized governance. Rules must be laid before Parliament for scrutiny, ensuring democratic oversight.
  • Section 72 (Revised Contribution Rates): The waqf contribution rate is reduced from 7% to 5%, with a maximum amount to be prescribed, aligning with economic considerations and increasing financial flexibility for waqfs.
• Impact: These provisions modernize the Act, remove redundancies, and ensure consistency with contemporary legal and governance standards, enhancing its relevance and applicability.

Preventing Misuse and Ensuring Competence in Waqf Administration

• Objective: To prevent misuse of waqf properties and ensure competent, ethical administration by mutawallis and Board members, maintaining the integrity of waqf institutions.
• Provisions Supporting the Objective:
  • Section 50A (Mutawalli Disqualifications): Mutawallis are disqualified for being under 21 of unsound mind, insolvent, convicted of serious offenses (imprisonment ≥2 years), guilty of encroachment, or previously removed for mismanagement/corruption, ensuring ethical administration.
  • Section 16 (Board Member Disqualifications): Board members are disqualified if under 21, non-Muslim (for certain categories), or convicted of offenses with imprisonment ≥2 years, ensuring competent governance.
  • Section 14(2) (Prohibition of Ministerial Membership): Central or State Ministers cannot be Board members, preventing political influence in waqf administration.
  • Section 64 (Unlawful Association Membership): Mutawallis or Board members who are members of unlawful associations under the Unlawful Activities (Prevention) Act, 1967, are disqualified, ensuring integrity.
  • Section 3(r) (Removal of Waqf by User): The omission of waqf-by-user provisions prevents properties from being declared waqf based solely on long-term use, requiring clear ownership and dedication.
• Impact: These provisions ensure that waqf administration is handled by competent, trustworthy individuals, reducing the risk of misuse, political interference, or fraudulent claims.

Facilitating Social Welfare and Community Development

• Objective: To align waqf purposes with social welfare goals, particularly supporting vulnerable groups and promoting community development through effective resource allocation.
• Provisions Supporting the Objective:
  • Section 3(r) (Support for Widows, Divorced Women, and Orphans): Waqf purposes explicitly include maintenance of widows, divorced women, and orphans, as prescribed by the Central Government, promoting social welfare.
  • Section 14 (Professional Representation in Boards): Waqf Boards include members with expertise in business management, social work, finance, agriculture, and development, ensuring waqf resources are utilized for community benefit.
  • Section 3B (Charitable Purpose Oversight): Waqf details must include amounts allocated for charitable purposes, ensuring alignment with intended objectives.
  • Section 72 (Reduced Contribution Rate): The reduction of the contribution rate from 7% to 5% allows waqfs to retain more funds for charitable and religious purposes, enhancing their social impact.
• Impact: These provisions prioritize the welfare of vulnerable groups, ensure waqf resources are used effectively for community development, and align waqf objectives with broader social goals.

The Waqf (Amendment) Act, 2025, pursues a multifaceted approach to reform waqf management in India, with objectives centered on transparency, inclusivity, legal robustness, modernization, and social welfare. By introducing digital systems, protecting public and tribal properties, ensuring competent administration, and promoting diverse representation, the Act addresses longstanding criticisms of the Waqf Act, 1995. The streamlined dispute resolution mechanisms updated legal references, and time-bound processes enhance efficiency and fairness. The explicit inclusion of vulnerable groups and specific communities like Bohra and Aghakhani reflects a commitment to equitable and pluralistic governance. Collectively, these changes aim to balance the religious and charitable essence of waqfs with public interest, accountability, and contemporary administrative standards, making waqf management more efficient, equitable, and responsive to India’s diverse societal needs.

Salient Features of Waqf Amendment Act, 2025

Removing Arbitrary Powers of Waqf Boards

• Pre-Amendment Issue: Section 40 of the Waqf Act, 1995, empowered Waqf Boards to unilaterally declare any property as Waqf based on their inquiry, even without conclusive evidence. This led to allegations of overreach, with Boards claiming government, private, or disputed properties as Waqf, often causing legal conflicts.
• Reform: The 2025 Act abolishes Section 40, removing the Waqf Boards’ discretionary power to arbitrarily claim properties. Instead, property declarations as Waqf must now follow a rigorous process involving verified documentation (e.g., Waqf deeds) and approval by designated authorities, such as District Collectors.
• Impact: This reform curbs the misuse of authority by Waqf Boards, protects private and government properties from wrongful claims, and ensures that only legally valid Waqf properties are recognized.

Eliminating the “Waqf by User” Provision for New Properties

• Pre-Amendment Issue: The “Waqf by user” doctrine allowed properties to be declared as Waqf based on their long-term use for religious or charitable purposes (e.g., a plot used for prayers over decades), even without formal documentation. This led to disputes, as properties with ambiguous ownership were claimed as Waqf, often encroaching on private or government lands.
• Reform: The Act eliminates the “Waqf by user” provision for new properties, requiring all future Waqf declarations to be supported by formal Waqf-nama (dedication deeds) or legal documentation. Existing Waqf-by-user properties may undergo review to confirm their status.
• Impact: This change prevents vague or undocumented claims, reducing disputes over property ownership and ensuring clarity in Waqf registrations.

Applying the Limitation Act, 1963

• Pre-Amendment Issue: Waqf disputes were not subject to the Limitation Act, 1963, which sets time limits for filing civil suits (e.g., 12 years for property disputes). This allowed Waqf Boards or claimants to raise disputes over properties decades after the issue arose, leading to legal uncertainty.
• Reform: The Act applies the Limitation Act, 1963, to Waqf disputes, meaning claims must be filed within the prescribed time limits (e.g., 12 years for adverse possession or ownership disputes). This applies to both new and pending disputes.
• Impact: By imposing time limits, the Act prevents frivolous or outdated claims, reduces the backlog of cases, and provides legal certainty to property owners and Waqf institutions.

Allowing Appeals to High Courts

• Pre-Amendment Issue: Decisions by Waqf Tribunals were final in many cases, with limited scope for appeal, leaving parties dissatisfied and forcing them to approach civil courts, which prolonged disputes.
• Reform: The Act explicitly allows appeals against Waqf Tribunal decisions to High Courts, ensuring higher judicial oversight and fairness in adjudication.
• Impact: This strengthens the legal recourse available to parties, enhances trust in the dispute resolution process, and ensures that complex or contentious cases receive thorough judicial review.

Designating District Collectors to Resolve Government-Waqf Property Disputes

• Pre-Amendment Issue: Disputes between Waqf Boards and government entities over property ownership were often unresolved due to lack of a clear authority to arbitrate. This led to prolonged conflicts, with properties stuck in legal limbo.
• Reform: The Act designates District Collectors as the primary authority to investigate and resolve disputes involving government and Waqf properties. Collectors verify land records, historical documents, and ownership claims to make binding decisions, subject to appeal in High Courts.
• Impact: By empowering a neutral administrative authority, the Act ensures faster resolution of government-Waqf disputes, reduces litigation, and protects public properties from wrongful Waqf claims.

Protecting Tribal Lands and Government Properties

• Pre-Amendment Issue: Some Waqf Boards claimed tribal lands or government properties as Waqf, leading to conflicts with indigenous communities and public authorities. For example, tribal lands in states like Jharkhand were occasionally declared Waqf, threatening community rights.
• Reform: The Act explicitly prohibits Waqf Boards from claiming tribal lands or government properties as Waqf. It mandates that any such claims be vetted by District Collectors, who verify ownership records and protect the rights of tribal communities and public entities
• Impact: This provision safeguards vulnerable tribal communities and public assets, ensuring that Waqf claims do not infringe on their legal rights.

Reforming Waqf Tribunals

Waqf Tribunals are quasi-judicial bodies established under the Waqf Act to adjudicate disputes related to Waqf properties, such as ownership, management, or encroachments. Prior to the 2025 amendments, these tribunals faced criticism for delays, lack of expertise, and limited accessibility, often leading to prolonged litigation and inconsistent rulings.

Composition and Expertise: The Act mandates that Waqf Tribunals include members with legal and administrative expertise, ensuring more competent adjudication. This may involve appointing judicial officers or professionals familiar with property and Islamic law.

• Defined Timelines: To address delays, the Act introduces stricter timelines for resolving cases, reducing the backlog of disputes and ensuring faster justice delivery.
• Transparency and Accountability: Tribunal proceedings are required to be more transparent, with decisions documented and accessible through digital platforms, aligning with the Act’s broader push for digitization.
• Appeals Mechanism: The Act strengthens the appeals process by explicitly allowing appeals against tribunal decisions to High Courts, ensuring oversight by higher judiciary for fair outcomes.

Impact: These reforms aim to make Waqf Tribunals more efficient, credible, and accessible, reducing the reliance on civil courts for Waqf-related disputes and ensuring specialized handling of cases.

Separating Trusts from Waqf

Historically, the Waqf Act did not clearly distinguish between Waqf (Islamic endowments dedicated for religious or charitable purposes) and other forms of trusts, leading to legal ambiguities. Some trusts, including those created under personal or non-Islamic laws, were incorrectly classified as Waqf, complicating their management and legal status.

• Clear Definition: The Act provides a precise definition of Waqf, emphasizing its Islamic character and purpose (e.g., dedication for religious, pious, or charitable purposes under Muslim law). Trusts created under other legal frameworks (e.g., Indian Trusts Act, 1882) are explicitly excluded from the Waqf framework.
• Reclassification Process: Existing properties incorrectly registered as Waqf but functioning as trusts are to be reclassified. This involves a review by Waqf Boards or designated authorities to ensure compliance with the Waqf definition.
• Legal Safeguards: The Act ensures that properties reclassified as trusts are governed by their respective laws, preventing overlap with Waqf regulations and protecting the rights of beneficiaries.
• Impact: This separation reduces jurisdictional conflicts, ensures that only genuine Waqf properties are managed by Waqf Boards, and protects the legal rights of trust beneficiaries, particularly in cases involving non-Muslim or secular trusts.

Ensuring Only Practicing Muslims of at Least Five Years Can Dedicate Property to Waqf

The creation of a Waqf (Waqf-nama) requires the dedicator (Waqif) to be a Muslim acting in accordance with Islamic principles. However, prior regulations lacked stringent criteria, leading to instances where properties were dedicated as Waqf by individuals with questionable intent or insufficient commitment to Islamic principles, sometimes for tax evasion or property dispute

• Eligibility Criteria: The Act stipulates that only a “practicing Muslim” who has adhered to Islamic practices for at least five years can dedicate property as Waqf. This may involve demonstrating regular participation in religious practices, such as prayers or charity, though the exact verification process is left to administrative rules.
• Verification Mechanism: Waqf Boards or designated authorities are tasked with verifying the eligibility of the Waqif, potentially through affidavits, community endorsements, or other evidence of religious adherence.
• Preventing Fraudulent Dedications: This provision aims to prevent non-practicing individuals or those with ulterior motives (e.g., shielding property from creditors) from creating Waqf, ensuring the sanctity of the institution.
• Impact: By introducing this eligibility criterion, the Act safeguards the religious and charitable intent of Waqf, reduces fraudulent dedications, and ensures that Waqf properties align with Islamic principles. It also strengthens the legitimacy of Waqf institutions in the eyes of the Muslim community.

Digitized Records

• Pre-Amendment Issue: Waqf property records were often maintained manually, leading to incomplete, outdated, or lost documentation. This made it difficult to track ownership, usage, or encroachments, enabling illegal occupations or unauthorized transactions.
• Reform:
  • The Act mandates the digitization of all Waqf property records, creating a comprehensive, accessible database.
  • A centralized digital portal is established for real-time tracking of Waqf properties, including details like location, ownership, purpose, and revenue generation.
  • Geographic Information System (GIS) mapping is introduced to spatially document Waqf properties, helping identify encroachments and verify boundaries.
• Implementation: State Waqf Boards are required to upload property details to the portal, with regular updates to reflect changes like leases, sales, or disputes. The portal is accessible to stakeholders, including Waqf Boards, tribunals, and auditors, with public access to non-sensitive information.
• Impact: Digitized records reduce errors, prevent fraudulent claims, and enable stakeholders to monitor Waqf properties efficiently. They also empower communities to report discrepancies, fostering public oversight.

Mandatory Audits

• Pre-Amendment Issue: Financial mismanagement was rampant in Waqf institutions due to irregular or absent audits. Funds generated from Waqf properties (e.g., rents, leases) were sometimes misused or unaccounted for, undermining the charitable purpose of Waqf.
• Reform:
  • The Act mandates annual audits of Waqf Boards and individual Waqf properties by independent auditors or government-appointed agencies.
  • Audit reports must detail income, expenditure, and compliance with Waqf objectives, with findings uploaded to the centralized portal for transparency.
  • Non-compliance with audit requirements triggers penalties, including suspension of Waqf Board members or legal action.
• Implementation: The Central Waqf Council oversees audit compliance, with State Waqf Boards responsible for coordinating audits at the local level. Audits cover both financial transactions and property usage to ensure alignment with Waqf deeds.
• Impact: Mandatory audits deter financial irregularities, ensure that Waqf revenues are used for intended purposes (e.g., charity, education), and build trust among donors and beneficiaries.

Centralized Registration Systems

• Pre-Amendment Issue: Waqf property registration was decentralized, with State Waqf Boards maintaining separate records, often leading to inconsistencies, duplications, or unregistered properties. This hindered national-level oversight and policy planning.
• Reform:
  • The Act establishes a centralized registration system integrated with the digital portal, requiring all Waqf properties to be registered with unique identification numbers.
  • New Waqf dedications (Waqf-nama) must be registered through the portal, with verification by Waqf Boards to confirm legality and compliance with Islamic principles.
  • Legacy unregistered properties are to be identified and registered within a specified timeframe, with District Collectors assisting in resolving ownership disputes.
• Implementation: The Central Waqf Council coordinates the registration process, ensuring uniformity across states. The system links with land revenue records to prevent conflicts with non-Waqf properties.
• Impact: Centralized registration creates a unified, reliable database, reduces disputes over unregistered or contested properties, and enables data-driven policymaking for Waqf development.

Mandating at Least Two Muslim Women on the Central Waqf Council and State Waqf Boards

• Pre-Amendment Issue: Waqf governance bodies, including the Central Waqf Council and State Waqf Boards, were predominantly male-dominated, with minimal or no representation of women. This limited women’s voices in decision-making processes affecting Waqf properties, which often fund community welfare programs like education and healthcare for women.
• Reform:
  • The Act mandates that the Central Waqf Council and each State Waqf Board include at least two Muslim women as members.
  • These women must be practicing Muslims with relevant qualifications or experience in areas like law, administration, or social welfare, ensuring their ability to contribute effectively.
• Implementation: Appointments are made by the central or state government, with nominations from Muslim organizations, scholars, or community leaders. The Act encourages diversity in representation, including women from different sects or socio-economic backgrounds.
• Impact: Women’s inclusion ensures that Waqf policies reflect gender-sensitive perspectives, such as prioritizing welfare programs for women and children. It also empowers Muslim women to take leadership roles, challenging traditional gender norms in community governance.

Ensuring Inheritance Rights for Women, Particularly Widows and Divorced Women

• Pre-Amendment Issue: In some cases, Waqf properties were misused to deny women their rightful inheritance under Islamic law, particularly widows and divorced women. For example, properties dedicated as Waqf could exclude female heirs from benefiting, or Waqf income was not equitably distributed to women beneficiaries.
• Reform:
  • The Act explicitly protects women’s inheritance rights under Islamic law, ensuring that Waqf dedications cannot be used to circumvent these rights.
  • It mandates that Waqf properties, or their income be utilized to support vulnerable women, particularly widows and divorced women, through welfare programs like financial aid, housing, or skill development.
  • Waqf Boards are required to monitor compliance with these provisions, with penalties for mismanagement that disadvantages women.
• Implementation: Waqf Tribunals and District Collectors are empowered to address complaints related to inheritance disputes involving Waqf properties. The centralized portal may include a grievance redressal mechanism for women to report violations.
• Impact: These provisions strengthen women’s economic security, ensure compliance with Islamic principles of equitable inheritance, and prioritize the welfare of marginalized women, reducing their vulnerability to poverty and exclusion.

Safeguard Heritage Sites

The provisions of amendment act address conflicts between Waqf claims and the preservation of India’s cultural heritage, ensuring that nationally significant monuments and sites are protected from competing ownership claims.

• Pre-Amendment Issue: Some Waqf Boards claimed heritage sites or protected monuments as Waqf properties, leading to disputes with the Archaeological Survey of India (ASI) or state heritage authorities. For example, mosques or mausoleums under ASI protection were occasionally declared Waqf, complicating their preservation and public access.
• Reform:
  • The Act declares that any Waqf claim over protected monuments or areas designated under heritage laws (e.g., Ancient Monuments and Archaeological Sites and Remains Act, 1958) is void.
  • Such sites remain under the jurisdiction of the ASI or relevant state authorities, ensuring their preservation for cultural and historical purposes.
  • Waqf Boards are prohibited from registering or managing heritage sites as Waqf properties, with District Collectors tasked to resolve any existing claims.
• Implementation: The centralized registration system cross-references Waqf records with ASI and state heritage databases to prevent overlap. Disputes over heritage sites are fast-tracked for resolution by tribunals or High Courts.
• Impact: This provision protects India’s cultural heritage by prioritizing national interest over Waqf claims, ensures uninterrupted preservation efforts, and reduces legal conflicts. It also clarifies ownership, allowing Waqf Boards to focus on genuine Waqf properties.

Lowering Mandatory Contributions to Waqf Boards from 7% to 5%

• Pre-Amendment Issue: Under the Waqf Act, 1995, Waqf institutions managing revenue-generating properties (e.g., markets, rental buildings) were required to contribute 7% of their income to State Waqf Boards for administrative and welfare purposes. This high contribution rate strained smaller Waqf institutions, limiting their ability to fund local charitable activities.
• Reform:
  • The Act reduces the mandatory contribution from 7% to 5%, easing the financial burden on Waqf institutions.
  • The reduced rate applies to all revenue-generating Waqf properties, with exemptions or further concessions possible for smaller or financially distressed Waqfs, subject to Waqf Board approval.
• Implementation: State Waqf Boards collect the 5% contribution through the centralized portal, with audits ensuring compliance. The reduced funds are redirected to priority areas like community welfare, education, or property maintenance.
• Impact: Lower contributions allow Waqf institutions to retain more income for local charitable purposes, such as maintaining mosques, schools, or orphanages. This enhances their financial sustainability and community impact.

Ensuring Funds Are Used for Charitable Purposes

• Pre-Amendment Issue: Waqf funds were sometimes misused for non-charitable purposes, such as administrative overheads, personal gains, or unrelated projects, undermining the religious and social objectives of Waqf.
• Reform:
  • The Act mandates that all Waqf funds, including contributions to Waqf Boards, be used exclusively for charitable purposes aligned with the Waqf deed, such as education, healthcare, poverty alleviation, or religious activities.
  • It introduces stricter oversight through mandatory audits and public disclosure of fund utilization on the centralized portal.
  • Penalties are imposed for diversion of funds, including legal action against Waqf Board members or managers.
• Implementation: The Central Waqf Council and State Waqf Boards monitor fund usage, with community feedback mechanisms to report misuse. Funds are prioritized for programs benefiting underprivileged groups, especially women and children.
• Impact: This ensures that Waqf resources fulfill their intended purpose, maximizing social welfare and reinforcing public trust in Waqf institutions.

Key Provisions and Changes in the Waqf (Amendment) Act, 2025

1. Renaming to UMEED Act

• Provision: The Act amends Section 1 of the Waqf Act, 1995, to rename it as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act.
• Impact: The renaming reflects the Act’s focus on modernizing waqf management, improving efficiency, and fostering empowerment and development of waqf properties for charitable and religious purposes.

2. Inclusion of Non-Muslim Members

• Provision: The Act mandates the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards:
  • Section 9 (Central Waqf Council): At least two non-Muslim members, excluding ex-officio members, must be appointed.
  • Section 14 (State Waqf Boards): Two non-Muslim members, excluding ex-officio members, are required, ensuring representation from diverse communities.
• Impact: This promotes inclusivity and diversity in waqf governance, addressing criticisms of exclusivity and fostering broader societal representation.

3. Removal of ‘Waqf by User’ Provision

• Provision: The Act modifies the definition of waqf in Section 3(r) by removing the ability to designate properties as waqf based solely on long-term use for religious or charitable purposes (sub-clause (i) omitted).
  • Existing waqf-by-user properties registered before the Act’s commencement remain valid, except if they are disputed or identified as government property.
• Impact: This change curbs the arbitrary declaration of properties as waqf based on usage, ensuring that only properties with clear ownership and dedication are recognized. It protects government and disputed properties from being claimed as waqf.

4. Removal of Section 40

• Provision: Section 40 of the principal Act, which allowed Waqf Boards to inquire and declare any property as waqf, is omitted.
• Impact: This eliminates a provision criticized for granting excessive powers to Waqf Boards, reducing the potential for misuse and ensuring that property declarations are subject to stricter scrutiny by revenue authorities and Collectors.

5. Exclusion of Trusts from Waqf Regulations

• Provision: A new proviso in Section 2 excludes trusts established by Muslims (before or after the Act’s commencement) from waqf regulations if they are governed by other statutory provisions related to public charities.
• Impact: This clarifies the legal distinction between waqfs and trusts, ensuring that trusts regulated by other laws (e.g., public charitable trust laws) are not subject to waqf rules, reducing overlaps and conflicts in legal frameworks.

6. Eligibility for Waqf Dedication

• Provision: Section 3(r) restricts waqf creation to individuals who have been practicing Islam for at least five years, own the property, and ensure no contrivance is involved in the dedication.
  • Section 3A: No person can create a waqf unless they are the lawful owner and competent to transfer the property.
• Impact: This reinstates pre-2013 requirements, ensuring that only genuine, legally owned properties are dedicated as waqf, preventing fraudulent or unauthorized dedications.

7. Protection of Inheritance Rights

• Provision: Section 3A (2) prohibits the creation of Waqf-Alal-Aulad (family waqf) if it denies inheritance rights to heirs, including women, or affects lawful claims of others.
  • Section 3(r)(iv) allows waqf proceeds to be used for the maintenance of widows, divorced women, and orphans, as prescribed by the Central Government.
• Impact: These provisions safeguard the inheritance rights of women and children, ensuring equitable distribution of property before waqf dedication. The inclusion of support for vulnerable groups aligns with social welfare objectives.

8. Application of Limitation Act, 1963

• Provision: Section 107 is substituted to apply the Limitation Act, 1963, to proceedings related to claims or interests in waqf properties from the Act’s commencement.
• Impact: This introduces time limits for filing claims, reducing prolonged legal disputes and ensuring timely resolution of property-related issues.

9. Protection of Tribal Lands

• Provision: Section 3E prohibits the declaration of lands under the Fifth Schedule or Sixth Schedule of the Constitution (tribal areas) as waqf property.
• Impact: This safeguards the rights of Scheduled Tribes by preventing waqf claims on tribal lands, preserving their constitutional protections.

10. Composition of Waqf Tribunal

• Provision: Section 83 retains the three-member composition of Waqf Tribunals, consisting of:
  • A District Judge (Chairman).
  • An officer equivalent to Joint Secretary to the State Government.
  • A person with knowledge of Muslim law and jurisprudence.
  • Tenure is set at five years or until age 65, whichever is earlier.
• Impact: Retaining the three-member structure ensures balanced adjudication, addressing concerns raised by the Joint Parliamentary Committee (JPC) about reducing tribunal size. The defined tenure enhances stability and expertise in tribunal operations.

11. Investigation of Government Properties

• Provision: Section 3C declares that government properties identified as waqf (before or after the Act) are not waqf properties. A designated officer (above Collector rank) will investigate and determine ownership, with findings recorded in revenue records.
• Impact: This ensures a transparent process to resolve disputes over government properties claimed as waqf, protecting public assets from erroneous claims.

12. Dispute Resolution by Senior Officials

• Provision: In disputes over whether a property is waqf or government-owned, a senior government official (designated officer) has the final authority to decide, as per Section 3C.
• Impact: This shifts dispute resolution from Waqf Tribunals to senior officials, streamlining decisions and reducing the scope for prolonged litigation.

13. Appeal Mechanism

• Provision: Section 83(9) allows appeals against Waqf Tribunal decisions to be filed in the High Court within 90 days.
  • If no tribunal exists or is non-functional, appeals can be made directly to the High Court.
• Impact: This introduces a robust appellate mechanism, addressing the previous limitation where High Courts had only revisional powers, enhancing access to justice.

14. Enhanced Transparency through Digital Portal

• Provision: Section 3B mandates that all waqfs registered before the Act’s commencement must file detailed information on a centralized portal and database within six months, extendable by another six months with Tribunal approval. Details include property boundaries, creator details, income, expenses, and legal disputes.
  • Section 5(2A) requires State Governments to upload notified waqf lists on the portal within 90 days.
  • Section 36(1A) mandates that no waqf can be created without a waqf deed, and registration applications must be filed through the portal.
• Impact: The centralized portal enhances transparency, accessibility, and accountability in waqf management, enabling better monitoring and public access to waqf records.

15. Financial Reforms

• Provision: Section 72 reduces the mandatory contribution of waqf income to Waqf Boards from 7% to 5%, with a maximum amount to be prescribed by the Central Government.
• Impact: This provides waqf institutions with greater financial flexibility, allowing more funds to be allocated for charitable and religious purposes.

16. Income Audit

• Provision: Section 47 mandates annual audits for waqfs with a net annual income exceeding ₹1 lakh (previously ₹50,000) by auditors from a State Government panel. The Central Government may also direct audits by the Comptroller and Auditor-General or designated officers.
  • Audit reports must be published as prescribed).
• Impact: Enhanced audit requirements ensure financial transparency and accountability, preventing mismanagement of waqf funds.

17. Survey and Role of Collectors

• Provision: Section 4 transfers pending waqf surveys from Survey Commissioners to Collectors, who will conduct surveys per state revenue laws and submit reports to State Governments.
  • Collectors also verify the genuineness of waqf registration applications.
• Impact: Involving Collectors ensures surveys align with revenue laws, improving accuracy and resolving disputes over property ownership.

18. Recognition of Specific Communities

• Provision: The Act introduces definitions for Aghakhani waqf and Bohra waqf in Section 3, recognizing waqfs dedicated by these communities.
  • Section 13 allows State Governments to establish separate Waqf Boards for Bohras and Aghakhanis).
  • Section 14 mandates representation of Bohra and Aghakhani members in State Waqf Boards where they have functional waqfs.
• Impact: This ensures equitable representation and tailored governance for these minority Muslim communities, addressing their specific needs.

19. Mutawalli Disqualifications

• Provision: Section 50A lists disqualifications for mutawallis, including being under 21 of unsound mind, an undischarged insolvent, convicted of serious offenses, guilty of encroachment, or previously removed for mismanagement or corruption.
• Impact: This ensures that only competent and trustworthy individuals manage waqf properties, reducing risks of mismanagement.

20. Protection of Protected Monuments and Areas

• Provision: Section 3D declares void any waqf declaration on properties that are protected monuments or areas under the Ancient Monuments Preservation Act, 1904, or the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
• Impact: This protects cultural and historical sites from being claimed as waqf, preserving national heritage.

21. Penalties for Non-Compliance

• Provision: Section 61 enhances penalties for mutawallis failing to comply with obligations, such as delivering possession, following directions, or uploading waqf details. Penalties include imprisonment up to six months and fines from ₹20,000 to ₹1 lakh.
• Impact: Stricter penalties deter non-compliance, ensuring adherence to the Act’s transparency and management requirements.

22. Updated Legal References

• Provision: The Act updates references to modern laws, replacing:
  • Indian Evidence Act, 1872, with Bharatiya Sakshya Adhiniyam, 2023.
  • Code of Criminal Procedure, 1973, with Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Land Acquisition Act, 1894, with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• Impact: These updates align the Act with India’s new legal framework, ensuring consistency and relevance.

23. Central Government’s Rule-Making Power

• Provision: Section 108B empowers the Central Government to make rules for waqf asset management, registration, audits, and other matters. Rules must be laid before Parliament for approval.
• Impact: Centralized rule-making ensures uniform implementation, while parliamentary oversight maintains democratic accountability.

Additional Observations

• Gender Representation: The Act mandates women’s representation in the Central Waqf Council (two members under Section 9) and State Waqf Boards (two members under Section 14), promoting gender equity in governance.
• Public Notice for Mutations: Sections 5 and 37 require revenue authorities to issue a 90-day public notice before deciding mutations in land records, ensuring transparency and public participation.
• Omission of Finality Clauses: The Act removes clauses declaring Tribunal decisions as final (e.g., Sections 6, 7, 32, 52, 55A), enabling appeals to the High Court and enhancing judicial oversight (Sections 8, 9, 19, 29, 31).
• Time-Bound Processes: Deadlines are introduced for uploading waqf details (6 months, Section 3B), publishing notified lists (90 days, Section 5), and resolving disputes (e.g., one month for Collector’s orders under Section 91), improving efficiency (Sections 5, 7, 40).

Conclusion

The Waqf (Amendment) Act, 2025, represents a comprehensive overhaul of waqf governance in India. By renaming the Act as UMEED, introducing digital transparency, protecting government and tribal lands, ensuring inheritance rights, and promoting inclusivity through non-Muslim and women representation, the Act addresses longstanding criticisms of the Waqf Act, 1995. Key changes like the removal of Section 40, application of the Limitation Act, and enhanced audit requirements strengthen accountability and reduce disputes. The involvement of Collectors, senior officials, and High Courts in dispute resolution ensures fairness and judicial oversight. These reforms collectively aim to modernize waqf management, safeguard public and tribal interests, and align with contemporary legal and social priorities.