The Waqf (Amendment) Bill 2025 became a law after President Droupadi Murmu gave her assent to it on April 5, 2025. The President also gave her approval to the Mussalman Wakf (Repeal) Bill, 2025. In this guide, we will detail on what Waqf is and what the Waqf (Amendment) Bill 2025 says.
What is Waqf?
‘Waqf’ refers to donations made by a Muslim for charitable or religious purposes, such as building mosques, schools, hospitals or other public institutions. Waqf cannot be sold, gifted, inherited or encumbered. Once a property is donated, it belongs to God and as per Islamic belief since God is ever lasting, so is the ‘Waqf property’.
Waqf (Amendment) Bill 2025
The Parliament approved the Waqf (Amendment) Bill, 2025, on April 4, 2025. According to Prime Minister Narendra Modi, “The passage of the Waqf (Amendment) Bill, 2025 and the Mussalman Wakf (Repeal) Bill by both Houses of Parliament marks a watershed movement in our collective quest for socio-economic justice, transparency and inclusive growth. This will particularly help those who have long remained on the margins, thus being denied both voice and opportunity.”
Key issues that Waqf (Amendment) Bill 2025 aims to address
As per the government of India, following are the key issues with respect to Waqf Properties in India.
- Absence of transparency in Waqf Property Management
- Incomplete surveys and mutation of Waqf Land Records
- Insufficient provisions for women’s inheritance rights
- Encroachment of land and prolonged litigations including encroachment. For instance, in 2013, there were 10,381 pending cases that has increased to 21,618 cases in 2025.
- The Waqf Boards’ irrational power in declaring any property as Waqf Land based on their own inquiry.
- Many government properties were being declared as Waqf Land.
- No proper accounting and auditing of Waqf Properties.
- Administrative inefficiencies in Waqf Management.
- The trust properties are treated properly.
- Inadequate representation of stakeholders in Central Waqf Council and State Waqf Boards.
The government plans to address these issues with this amended Waqf Bill, stated the PIB.
Reforms introduced in Waqf (Amendment) Bill, 2025
The Waqf (Amendment) Bill, 2025 has been introduced to improve transparency and fairness in Waqf administration. According to PIB, the key reforms include:
Ending arbitrary property claims: Section 40, which allowed Waqf Boards to unilaterally declare any property as Waqf, has been removed.
Property management: The Bill aims to streamline the Waqf Property Management while safeguarding individual property rights and heritage sites.
Digitisation of records – Waqf properties will now be documented digitally to prevent illegal claims and improve tracking.
Strengthening dispute resolution – Waqf Tribunals will be given more authority to resolve property disputes efficiently.
Ensuring accountability – Non-Muslim members will now be included in Waqf Boards to promote fairer decision-making.
Rights of Muslim Women and Legal Heirs- The Bill seeks to improve the economic and social status of Muslim women, particularly widows and divorced women, by promoting self-help groups (SHGs) and financial independence programs. Through the Waqf-Alal-Aulad, financial security through Waqf income will support widows, divorced women and orphans. This will align with the Islamic welfare principles.
Additionally, according to the PIB, the Bill aims at achieving the following for the benefit for Muslim women-
Transparency in Waqf Management – Digitising Waqf records to curb corruption. A centralised digital portal will track Waqf properties. This will ensure better identification, monitoring and management. Also, the auditing and accounting measures will prevent financial mismanagement and ensure funds are used only for welfare purposes.
Legal aid and social welfare – Establishing legal support centers for family disputes and inheritance rights. Female heirs are guaranteed their right in the family Waqf. Section 3A(2) mandates securing women’s rights before dedicating property as Waqf, thus preventing circumvention of inheritance laws.
Cultural and religious identity – Strengthening cultural preservation and interfaith dialogue.
Amendments made in the Waqf Act, 1995
As per the ministry of minority affairs, mentioned are some of the amendments made in the Waqf (Amendments) Bill, 2025.
Insertion of new sections 3A, 3B, 3C, 3D and 3E.
- After section 3 of the principal Act, the following sections shall be inserted, namely:— “3A.
(1) No person shall create a Waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property.
(2) The creation of a Waqf-Alal-Aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the Waqif or any other rights of persons with lawful claims.
- Every Waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall file the details of the Waqf and the property dedicated to the Waqf on the portal and database within a period of six months from such commencement provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the Waqf on the portal within such period.
Key features of the Waqf (Amendment) Bill, 2025
| Feature | Waqf Act, 1995 | Waqf (Amendment) Bill, 2025 |
|---|---|---|
| Name of the Act | Waqf Act, 1995 | Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025. |
| Formation of Waqf | Waqf could be formed by declaration, user, or endowment (waqf-alal-aulad). |
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| Government Property as Waqf | No clear provision. | Any government property identified as Waqf will cease to be Waqf. Ownership disputes will be resolved by the Collector, who will submit a report to the state government. |
| Power to Determine Waqf Property | The Waqf Board previously had the power to inquire and determine waqf property.
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Provision removed. |
| Survey of Waqf | Assigned survey commissioners and additional commissioners to conduct Waqf surveys.
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Empowers Collectors to conduct surveys and mandates pending surveys to be conducted as per state revenue laws.
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| Central Waqf Council Composition |
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| Waqf Boards Composition |
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The Bill empowers the state government to nominate one person from each background to the Board. They need not be Muslims. It adds that the Board must have:
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| Tribunal Composition | Required state-level Tribunals for Waqf disputes, led by a judge (Class-1, District, Sessions, or Civil Judge), and included:
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The amendment removes the Muslim law expert and instead includes:
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| Appeal on Tribunal Orders | Decision of the Tribunal are final and appeals against its decisions in Courts are prohibited.
Only High Courts could intervene under special circumstances
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The Bill omits provisions deeming finality to Tribunal’s decisions.
Allows appeals to the High Court within 90 days
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| Powers of Central Government | State governments could audit Waqf accounts at any time.
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| Separate Waqf Boards for Sects | Separate Waqf Boards for Sunni and Shia sects if Shia waqf constitute more than 15% of all waqf properties or waqf income in the state.
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Separate Waqf boards allowed for Bohra and Agakhani sects, along with Shia and Sunni sects. |
Source: Research unit PIB
What is Waqf by user?
Waqf by user is a concept that allows properties to be recorded under Waqf in the absence of documentary proof on the basis of community and religious purposes usage. Some of such properties include the community kitchen, mosque, dargah, graveyard, etc. This was legally recognised in the Waqf (Amendment) Act, 2013.
According to the Waqf Assets Management System of India (WAMSI), there are 872,852 immovable properties in India spread across 32 State/UT Waqf Boards. Of this, according to government records, 4,02,000 properties are classified as ‘Waqf by User’.
The Waqf (Amendment) Act, 2025, has made documentary proof necessary, highlighting that only a practicing Muslim for at least 5 years, who is the property’s legal owner, can declare it as Waqf. The amendment, however, points out that already registered ‘Waqf by User’ will remain as it is unless it is challenged or happens to be a government property.
Waqf Property information that has to be recorded on portal
According to the ministry of minority affairs, as part of the Waqf Bill (Amendment) 2025, following information of Waqf Property should be filled on portal and database.
1) The identification and boundaries of Waqf properties, their use and occupier
2) The name and address of the creator of the Waqf, mode and date of such creation
3) The deed of Waqf, if available
4) The present mutawalli and its management
5) The gross annual income from such Waqf Properties
6) The amount of land-revenue, cesses, rates and taxes annually payable in respect of the Waqf Properties
7) An estimate of the expenses annually incurred in the realisation of the income of the Waqf properties
8) The amount set apart under the Waqf for—
(i) the salary of the Mutawalli and allowances to the individuals
(ii) purely religious purposes
(iii) charitable purposes and
(iv) any other purposes
(i) details of court cases, if any, involving such Waqf property
(j) any other particular as may be prescribed by the Central Government.
What is the Mussalman Wakf (Repeal) Bill, 2025?
According to the ministry of minority affairs, the Mussalman Wakf (Repeal) Bill, 2025 seeks to remove the outdated Mussalman Wakf Act, 1923, which is no longer effective for modern India. The repeal will:
- Ensure uniform rules for managing Waqf properties under the Waqf Act, 1995.
- Improve transparency and accountability in Waqf management.
- Eliminate confusion and legal contradictions caused by the old law.
Conclusion
According to an official press note by the government, “The Waqf (Amendment) Bill 2025 establishes a secular, transparent, and accountable system for Waqf administration. While Waqf properties serve religious and charitable purposes, their management involves legal, financial, and administrative responsibilities that require structured governance. The role of Waqf Boards and the Central Waqf Council (CWC) is not religious but regulatory, ensuring legal compliance and safeguarding public interest. By introducing checks and balances, empowering stakeholders, and improving governance, the Bill sets a progressive and fair framework for Waqf administration in India.”
Petitions filed challenging the Waqf (Amendment) Bill, 2025
The Supreme Court on April 16 and 17, 2025, heard petitions that were filed challenging the Waqf (Amendment) Act, 2025. A query raised by the apex court was on how the Waqf by user will be registered, for which it has given seven days to respond. While the apex court has not put a stay in entirety on the Waqf (Amendment) Act, 2025, it has recorded the Centre’s statement that no appointments would be made to the Waqf body till the next hearing. It has also directed against appointing non-Muslims to the Waqf Board. The apex court also pointed concerns on not allowing a property from operating as Waqf if it was on disputed government land. The apex court has set the next hearing on this case to be on May 5, 2025. Stay tuned for updates on any new developments.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |
