The Waqf (Amendment) Bill, 2025 went into effect as law on April 5, 2025, shortly after President Droupadi Murmu approved it becoming a law. It was signed to be the law along with the Mussalman Waqf (Repeal) Bill of 2025. These reforms mark a major shift aimed at making Waqf property management more transparent, efficient, and equitable across India.
What is Waqf?
The permanent donation of property for charitable, religious, or other noble purposes is known as “waqf” in Muslim law. The property becomes God’s property after it is declared a Waqf, and the mutawalli is considered to be its custodian. Waqf is not theory but has an impact in real life.
I have seen a Waqf madrasa provide free education to hundreds of children in my hometown for growing years; it shows how Waqf is genuine enough to sustain communities over generations.
In order to bring about a ripple effect of ongoing service, these properties, mostly Waqf properties, are generally used to fund mosques, hospitals, orphanages, cemeteries, etc.
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Why Was a New Waqf Law 2025 Needed?
Imagine donating land for a mosque, only to see it misused due to weak laws.
That is why the Waqf (Amendment) Bill 2025 was needed, to fix serious gaps such as:
- Opaque management and missing records.
- Encroachments rising alarmingly from 2013 to 2025.
- Women being denied inheritance under family Waqfs
- Waqf Boards misusing powers to claim properties without evidence
Without a strong law, countless religious endowments were vulnerable to misuse.
Major Reforms Brought by the Waqf (Amendment) Bill, 2025
This law brings several major reforms:
- No more Arbitrary Declarations: Waqf Boards can no longer unilaterally declare properties as Waqf.
- Mandatory Digital Registration: Every Waqf property must now be recorded online with full details.
- Strengthened Dispute Resolution: Waqf Tribunals have been empowered for quicker decisions.
- Non-Muslims Inclusions: For the first time, non-Muslims can now serve on Waqf Boards.
- Protection of Women’s Rights: Family Waqfs can no longer deny rightful inheritance to women.
- Mandatory Independent Audits: Annual financial reviews by CAG-level officers are now compulsory.
A local trust office I visited last month proudly showed their newly digitized Waqf property list. It was refreshing to see such clarity after years of dusty files and missing papers.
Relevant Case: Board of Muslim Waqfs v. Radha Kishan (1978): The Supreme Court emphasized on how the Waqf properties needs to be regulated by the law.
Difference between Waqf (Amendment) Bill, 2025 & the Old Waqf Act 1995
To truly understand the reforms, here’s a clear comparison:
Property Declaration:
- Waqf Act, 1995: Waqf could be formed through Declaration, Endowment, or User.
- Waqf (Amendment) Bill, 2025: Waqf can be created only by a lawful practicing Muslim owner.
Inquiry Powers:
- Waqf Act, 1995: Waqf Boards had the power to inquire as well as unilaterally declare any of the property as the Waqf.
- Waqf (Amendment) Bill, 2025: Boards are prohibited from declaring any property as Waqf without following the required legal procedures.
Survey Authority:
- Waqf Act, 1995: Waqf property surveys are carried out by Survey Commissioners.
- Waqf (Amendment) Bill, 2025: District Collectors will conduct surveys based on state revenue records.
Waqf Board Members:
- Waqf Act, 1995: All of the core members of the Board must be Muslims.
- Waqf (Amendment) Bill, 2025: The Waqf Boards now need to have two non-Muslim members.
Financial Audit:
- Waqf Act, 1995: Waqf account audits were conducted at the state level.
- Waqf (Amendment) Bill, 2025: Audits need to be done by the Central CAG (Comptroller and Auditor General) or any designated central officer.
Appeal Mechanism:
- Waqf Act, 1995: No appeal was allowed against the decisions of Waqf Tribunals (except rare intervention by High Court).
- Waqf (Amendment) Bill, 2025: The appeals to be filed at the High Court within the time frame of 90 days.
What is ‘Waqf by User’ and What Changed?
‘Waqf by User’ allowed properties actively used by Muslim communities (like a decades-old mosque) to be declared Waqf, even without formal title deeds.
According to WAMSI:
- 872,852 Waqf properties exist in India
- 402,000 are classified as Waqf-by-User
Post-2025 Law: Going forward, documentary proof is compulsory for any new Waqf-by-User claim.
One elderly community leader I spoke with recently expressed relief: We finally have clarity. Real Waqf properties will be protected, not just assumed.
Existing Waqf-by-User properties remain valid unless they are challenged or overlap with government lands.
What Information Must Now Be Uploaded on the Waqf Property Portal?
Every Waqf property must disclose:
- Full identification, boundaries, usage, and occupier details
- Name and address of the creator
- Creation date and mode (declaration or endowment)
- Deed of Waqf, if available
- Manager (Mutawalli) details
- Gross annual income
- Taxes, rates, and land revenue dues
- Annual expenses incurred for income realization
- Salary and allowances paid to Mutawalli and staff
- Details of ongoing court disputes
- Any other prescribed information
This move ushers in an era of accountability that was long overdue.
What is the Mussalman Waqf (Repeal) Bill, 2025?
The old Mussalman Waqf Act of 1923 was repealed due to:
- To remove redundant and outdated regulations
- Using the Act to unify the Waqf governance
- To bring clarity, modern practices, and better governance standards
Now, there is a single, uniform legal framework for Waqf matters across India.
Why the Waqf (Amendment) Bill, 2025 Matters?
This reform is not just about minority welfare, it is about protecting the integrity of public religious trusts and ensuring fairness for all.
Key Benefits of the Waqf Amendment 2025:
- Transparent property management
- Protection of religious and charitable assets
- Empowerment of women in family Waqfs
- Faster dispute resolution and less litigation
- Financial accountability through CAG-level audits
- Inclusive management through broader board representation
Case Study: In Abdul Rahim v. State of Maharashtra, (2012): The Supreme Court called for transparency and better governance in religious endowments, principles that the Waqf (Amendment) Bill now codifies.
Supreme Court About the Waqf (Amendment) Bill
The Supreme Court of India has received multiple applications against the 2025 amendments.
Key developments:
- The Court raised concerns over the requirement of documentary proof for Waqf-by-User properties
- The Center determined that until the next hearing, no non-Muslims were going to be appointed to Waqf Boards.
- The Court questioned the recognition of Waqf claims over disputed government lands
- The next hearing date is on May 5, 2025.
The Supreme Court’s ruling could significantly influence how the new Waqf system is finally implemented.
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FAQs
1. After the 2025 Amendment, is it possible to sell Waqf property?
It cannot be sold, or transferred once it has been devoted. The 2025 Amendment reinforces this rule by ensuring stricter registration and management to prevent misuse or unauthorized sale.
2. Who can now manage Waqf properties under the new law?
Under the Waqf (Amendment) Bill, 2025, management is more inclusive. Apart from Muslim members, two non-Muslim experts can also be nominated to Waqf Boards, ensuring transparency, diverse representation, and broader public accountability.
3. How does the new law protect the rights of women in family Waqfs?
The 2025 Amendment makes it clear that family Waqfs (Waqf-Alal-Aulad) cannot deny rightful inheritance to women. Muslim women must receive their lawful shares according to inheritance laws, and Waqf Tribunals can enforce these rights.
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