WAQF Amendment Act 2025, Origin, Structure, Key Changes, Criticism

Why in the NEWS?

• ​The Waqf (Amendment) Act, 2025, also known as the UMEED Act (Unified Management Empowerment Efficiency and Development Act), was passed by the Indian Parliament in April 2025. 
• This legislation introduces significant reforms to the governance and management of Waqf properties in India, aiming to enhance transparency, accountability, and efficiency in their administration.

What is Waqf Property?

• Waqf is an Islamic concept referring to the process by which a Muslim donates property for religious or charitable purposes. 
• The donated property is typically allocated for the construction of mosques, schools, hospitals, and other public institutions. 
• A key feature of Waqf is that it is considered irrevocable — it cannot be sold, gifted, or inherited. 
• Once property is dedicated as Waqf, ownership is transferred to Allah, and it remains dedicated for that purpose indefinitely. 
• Thus, Waqf properties are used permanently for religious and social purposes.

Waqf in Different Countries

Countries without Waqf System:

• Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, Iraq have either abolished the Waqf system or significantly reformed it.
• Reasons include secularization policies, state control over religious affairs, and legal reforms.

Waqf in India:

• India has a robust Waqf system, governed by the Waqf Act, 1995 and its amendments.
• The Waqf Boards are the largest urban landowners in India, with significant legal and administrative authority.
• Over 8.7 lakh Waqf properties across the country.
• Covering approximately 9.4 lakh acres of land.
• The total value of Waqf properties is estimated to be around ₹1.2 lakh crore.
• The Waqf Board ranks as the third-largest landowner in India, after the Indian Armed Forces and the Indian Railways.

How is a Waqf Established?

Written Deed:

• A formal legal document specifying the property, its purpose, and management details.

Legal Instrument:

• In some cases, a legal agreement is prepared under the supervision of a lawyer or religious authority.

Oral Declaration:

• In certain circumstances, an oral declaration is sufficient, especially in traditional settings.

Continuous Use:

• If a property has been used for religious or charitable purposes over an extended period, it may be recognized as Waqf even without formal documentation.

Origin of the Concept of Waqf

Early Days (Delhi Sultanate Era)

• Sultan Muizuddin Sam Ghaor dedicated two villages to Multan’s Jama Masjid and appointed Shaikhul Islam as its administrator.
• This marked the beginning of formal Waqf institutions, where land and assets were donated for religious, charitable, and educational purposes.

Growth under Islamic Dynasties

• As the Delhi Sultanate and subsequent Islamic dynasties flourished, the number of Waqf properties grew, playing a significant role in the socio-economic fabric of medieval India.

British Raj Controversy

• Criticism by the Privy Council (Late 19th Century):
• The British colonial administration, particularly the Privy Council, criticized Waqf, calling it the "perpetuity of the worst kind" and declared it invalid.
• Mussalman Waqf Validating Act (1913):
• Despite British criticism, the Mussalman Waqf Validating Act of 1913 upheld the Waqf system in India, ensuring its continued existence and legal recognition under British rule.

Post-Independence Reforms

• Waqf Act, 1954:
• After India’s independence, the Waqf Act of 1954 was introduced to regulate and manage Waqf properties across the country.
• Central Waqf Council of India was established in 1964 as a statutory body to oversee the operations of various State Waqf Boards, created under Section 9(1) of the Act.

Waqf Act, 1995

• The Waqf Act, 1995 was introduced to regulate and manage Waqf properties in India, which are assets dedicated to religious, charitable, or pious purposes under Islamic law. The Act aims to ensure the proper administration, maintenance, and utilization of Waqf properties for community welfare.

Key Provisions

• Role of Waqf Bodies:
  • Central Waqf Council (CWC): Oversees the functioning of State Waqf Boards.
  • State Waqf Boards: Manage Waqf properties within their respective states.
  • Mutawalli (Caretaker): Responsible for day-to-day administration and management of Waqf properties.
• Waqf Tribunals:
  • Established to resolve disputes related to Waqf properties, replacing civil courts in such matters.
  • Operate under the Code of Civil Procedure, 1908, with the same powers as civil courts.
• Binding Authority:
  • Tribunal decisions are final and binding.
  • No civil court has the authority to hear disputes under the tribunal's jurisdiction.
• Registration of Waqf Properties:
  • Mandatory registration of all Waqf properties with the Waqf Boards.
  • Establishes a central register for better management and record-keeping.
• Preventing Encroachments:
  • Provisions to prevent illegal encroachments and ensure the protection of Waqf properties.

Waqf Amendment Act, 2025 (UMEED Act)

• Renamed as the UMEED Act (Unified Management Empowerment Efficiency and Development), the amendment was introduced to address issues such as mismanagement, encroachments, and lack of transparency in the administration of Waqf properties.

Key Changes

• Renaming to UMEED:
  • Represents Unified Management, Empowerment, Efficiency, and Development, reflecting the Act’s objectives.
• Inclusion of Non-Muslim Members:
  • Non-Muslim representatives can now be part of the Central and State Waqf Boards to promote inclusivity.
• Removal of ‘Waqf by User’:
  • Eliminates the provision allowing properties to be designated as Waqf solely based on long-term use for religious activities.
  • Properties registered before the Act retain their status, except those in dispute with the government.
• Abolition of Section 40:
  • Removes the Waqf Board’s authority to declare any property as Waqf land without proper documentation.
• Separation from Trusts:
  • Distinguishes between trusts and Waqfs, ensuring trusts governed by other laws are not managed under Waqf regulations.
• Eligibility for Waqf Dedication:
  • Only Muslims practicing for at least 5 years can dedicate property to Waqf.
• Protection of Inheritance Rights:
  • Inheritance rights of women, children, widows, and orphans must be secured before declaring a property as Waqf.
• Application of Limitation Act, 1963:
  • Limits the time for filing legal disputes related to Waqf properties, reducing prolonged litigation.
• Protection of Tribal Lands:
  • Prohibits establishing Waqf on lands under Schedules V and VI of the Constitution to protect tribal rights.
• Composition of Waqf Tribunal:
  • Retains a three-member tribunal as recommended by the Joint Parliamentary Committee (JPC).
• Investigation of Government Properties:
  • Senior government officials will investigate claims related to government lands being declared as Waqf.
• Appeal Mechanism:
  • Introduces the right to appeal Waqf Tribunal decisions to the High Court, enhancing legal recourse.
• Enhanced Transparency:
  • Mutawallis must register all Waqf property details on a centralized digital platform within six months.
• Financial Reforms:
  • Reduces mandatory contributions to Waqf Boards from 7% to 5%, allowing more funds for charitable activities.
• Income Audit:
  • Waqf institutions earning over ₹1 lakh annually must undergo government-mandated financial audits.

Significance of the Waqf Amendment Act, 2025

Transparency and Accountability:

• Improved governance and oversight to prevent corruption and mismanagement.

Streamlined Administration:

• Digital record-keeping and technology-driven management for efficiency.

Protection of Properties:

• Stronger legal provisions to prevent encroachments and illegal transfers.

Inclusivity:

• Representation of women and non-Muslims in Waqf Boards to promote diversity.

Addressing Historical Issues:

• Tackles inefficiencies, outdated laws, and corruption within the Waqf system.

Criticisms of the Waqf Amendment Act, 2025

Infringement on Religious Rights

• Seen as a violation of religious freedoms under Articles 14, 25, 26, and 29 of the Constitution.

Increased Government Control

• Greater state intervention may lead to bureaucratic overreach and delays in property management.

Lack of Community Consultation

• Critics argue the Act was passed without adequate discussions with Muslim stakeholders.

Exclusion of Historical Context

• Removing the ‘Waqf by user’ provision could affect properties historically used as Waqf without formal documentation.

Potential for Increased Disputes

• Shifting dispute resolution to government officials might increase legal conflicts.

Concerns Over Non-Muslim Representation

• Inclusion of non-Muslims may undermine the boards’ religious authority and decision-making integrity.