WHAT IS A WAQF BOARD? WHAT IS THE NEW AMENDMENT OF 2025? WHAT IS THE DIFFERENCE BETWEEN OLD LAW AND AMENDMENT?
What is a Waqf Board?
A Waqf Board is a statutory entity in India that manages lands provided for religious, charitable, or community purposes under Islamic law, also known as waqf. These properties, such as mosques or schools, are managed to ensure they serve their intended purpose, like supporting the poor or maintaining religious sites.
Law Before 2025
Before 2025, the main law was the Waqf Act, 1995, updated in 2013. This law set up state-level Waqf Boards to manage these properties, prevent encroachments, and ensure proper use. It included measures like mandatory registration and penalties for mismanagement, with a national Central Waqf Council providing oversight.
New Amendment in 2025
The Waqf (Amendment) Act of 2025, passed this year, makes substantial revisions. It renames the statute the United Waqf Management, Empowerment, Efficiency, and Development Act of 1995 (UWMEED Act 1995). Key updates include:
- Mandating at least two Muslim women on boards to promote gender equality.
- Allowing non-Muslim members and representation from different Muslim sects to promote inclusivity.
- Empowering the government to create regulations that promote transparency in registration and audits.
- Eliminating the concept of “waqf by user” and protecting female inheritance rights.
This amendment attempts to address issues such as corruption and inefficiency, but it has been criticized, with some calling it “anti-Muslim,” while supporters argue that it benefits minorities.
Analysis of Waqf Boards and Legal Framework
This note provides a complete description of Waqf Boards, the legal environment prior to 2025, and the current 2025 modifications, based on legislative changes and public conversation as of April 14, 2025. It strives to encompass all components for a full knowledge and is appropriate for policy analysis or academic study.
Background on Waqf Boards
Waqf, a term derived from Islamic law, refers to the permanent commitment of movable or immovable property for religious, charitable, or community purposes, such as mosques, schools, or hospitals. The person making such a dedication is known as a Wakif, and the grant is called mushrut-ul-khidmat. Waqf properties are inalienable, which means they cannot be sold, gifted, or inherited after dedication.
In India, Waqf Boards are statutory entities that govern and control these properties. Their major responsibility is to ensure that waqf assets are used for their original objectives, which may include maintaining holy sites, promoting education, or assisting the disadvantaged. Over the years, issues like as encroachment, inadequate maintenance, and corruption have emphasized the need for reform, prompting legislative action.
Legal Framework Before 2025
Prior to 2025, Waqf Boards were governed primarily by the Waqf Act of 1995, which was revised in 2013 to address new challenges. T This Act defined waqf and established State Waqf Boards to oversee property management, prevent abuse, and uphold Islamic law standards. The 2013 modification was a significant change, and it included:
Enhanced Powers: State Waqf Boards now have greater authority to evict encroachments and recover property.
Mandatory Registration: All waqf properties were required to be registered, resulting in an official record to prevent disagreements.
Prohibited Transfers: The sale or transfer of waqf properties without approval was prohibited, protecting assets against alienation.
Stricter Penalties: Mismanagement and unlawful occupation were punished harsher in order to deter corruption.
The Central Waqf Council, which reported to the Ministry of Minority Affairs, acted as a national organization to advise and oversee State Waqf Boards, assuring consistency and policy guidance. While this structure was beneficial in several ways, it was criticized for inefficiencies such as unrealized revenue potential, Waqf Tribunal backlogs, and a lack of transparency in surveys.
The 2025 Amendment: Key Provisions and Context
The Waqf (Amendment) Act, 2025, passed in early 2025, is a significant change that renames the law the United Waqf Management, Empowerment, Efficiency, and Development Act, 1995 (UWMEED Act 1995). The Waqf (Amendment) Bill, 2024, was introduced on August 8, 2024, and passed after integrating 25 suggestions from the Joint Parliamentary Committee (JPC). It tackles long-standing difficulties and includes modern governance concepts. The following is a detailed overview of its provisions based on recent legislative texts and debates:
| 🏛️ Formation of Waqf |
Only individuals who have been practicing Islam for at least 5 years are eligible to establish a waqf, and they must own the property. Removes “waqf by user” (deemed waqf based on long-term use), limiting creation to formal declarations only. Waqf-alal-aulad (family waqf) cannot disinherit heirs, including female heirs, providing gender equality in succession. |
| 🗺️ Survey of Waqf Properties |
Replaces the Survey Commissioner with the District Collector for surveys, aiming to make assessments more efficient and accountable. The Collector’s role brings direct administrative oversight and ensures faster resolution of disputes regarding waqf property boundaries and classifications. |
| 🏢 Government Property as Waqf |
Government property labelled as waqf will no longer be considered waqf, with ownership determined by the Collector. The Collector submits a report to the state government, updates revenue records if designated government property, and addresses disputes over public land that were incorrectly claimed as waqf. |
| 🏛️ Composition of Central Waqf Council |
Removes the requirement for MPs, retired judges, and eminent individuals to be Muslim, widening representation. Mandates two non-Muslim members (out of up to 22 members), fostering diversity and inclusivity. The Chairperson is the Union Minister in charge of Waqf (ex-officio), which centralises government control over the Council. |
| 🏛️ Composition of Waqf Boards |
The state government nominates all members (up to 11), transitioning from elected to appointed members for greater efficiency and accountability. Mandates:
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| ⚖️ Composition of Tribunals |
Removes Muslim law experts, simplifying the tribunal framework. The new composition consists of:
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| 📝 Appeals Against Tribunal Orders |
Removes the finality of Tribunal rulings and allows for judicial review. Allows appeals to the High Court within 90 days, significantly expanding legal options for aggrieved parties. Previously, tribunal rulings were final with limited appeals. Now, parties have broader access to judicial remedy. |
| 👔 Chief Executive Officer (CEO) |
Removes the requirement for the CEO to be Muslim, making positions available to suitable individuals regardless of religion. Previously, the CEO had to be a Muslim officer with the rank of Deputy Secretary (or an equal rank if unavailable). The new provision promotes merit-based appointment. |
These regulations seek to improve openness, accountability, and efficiency by addressing concerns such as corruption (e.g., the Karnataka Wakf Board Land Scam) and ensuring that waqf properties benefit their intended community. The amendment also includes gender equality by guaranteeing female representation and ensuring female inheritance rights, in response to calls for inclusion.
Implications and Future Outlook
The 2025 reforms are expected to reshape waqf property administration, possibly enhancing openness through government control and audits. However, practical issues, such as opposition from current board members or legal challenges to new laws, may occur. Non-Muslim and female board members could promote inclusivity, but they may also meet cultural pushback. According to research, effective enforcement is critical to realising benefits such as improved waqf asset care and higher revenue for charitable organisations.
As of April 14, 2025, the Act is in its early phases, with its influence determined by how state governments and boards respond. Comparative worldwide evaluations, such as those on waqf legislation in Malaysia and Indonesia, indicate that centralised monitoring can enhance efficiency, but local context is critical for success.
Conclusion
The Waqf (Amendment) Act of 2025 is a crucial step towards modernising waqf governance in India by removing past inefficiencies and introducing inclusivity and transparency. However, its success will be dependent on striking a balance between official intervention and community trust amid continuous political and social disagreements. This note provides a detailed framework for comprehending these changes, drawing on legislative texts, committee reports, and public commentary.
