KKN Gurugram Desk | With the President’s signature, the Waqf Amendment Bill 2025 has officially become law. This amendment aims to fix long-standing issues around Waqf property management, including misuse, lack of transparency, and legal ambiguity. The law is especially crucial as it shifts the responsibility of effective implementation onto state governments, since land is a state subject under the Indian Constitution.
Article Contents
The law now expects states to implement its spirit with efficiency. Will they rise to the challenge?
What Is Waqf?
Under the Waqf Act 1995, a Waqf refers to a permanent dedication of movable or immovable property for religious or charitable purposes recognized in Islam. Typically, Waqf properties fund mosques, cemeteries, schools, hospitals, and welfare for orphans, widows, and the poor.
However, in recent years, concerns over excessive powers of Waqf Boards and disputes over land ownership have raised red flags—like cases where entire villages or centuries-old temples were declared Waqf land.
Why Was the Waqf Law Amended in 2025?
The 2025 amendments are a response to numerous challenges:
1. 🔁 The “Once Waqf, Always Waqf” Controversy
This doctrine made it nearly impossible to reverse Waqf declarations, even when contested. In places like Bet Dwarka, courts struggled with claims over islands deemed Waqf.
2. 🧾 Poor Survey, Mismanagement & Legal Loopholes
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Waqf property surveys were either incomplete or delayed.
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States like Gujarat and Uttarakhand haven’t even started surveys.
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Uttar Pradesh’s 2014 survey is still pending.
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Coordination between Waqf Boards and Revenue Departments has been weak.
3. ⚖️ No Judicial Oversight
Earlier, Waqf Tribunal orders couldn’t be challenged in High Courts—creating a vacuum of judicial accountability.
4. 🕵️♂️ Abuse of Powers Under Section 40
Waqf Boards often misused their authority to declare private properties as Waqf, leading to community tensions and legal disputes.
5. 🧪 Constitutional Validity Questioned
There is a pending PIL in the Delhi High Court challenging whether a law applicable only to one religion is constitutionally valid.
Major Differences: Waqf Act 1995 vs. Waqf Act 2025
| Category | Waqf Act 1995 | Waqf Amendment Act 2025 |
|---|---|---|
| Formation of Waqf | Allowed via declaration, usage, or endowment. | Only declaration and endowment allowed. Donor must be Muslim for 5+ years. Cannot donate wife’s share. |
| Government Property as Waqf | No clear provision. | Declared government land cannot be Waqf. Disputes handled by District Collector. |
| Waqf Determination Power | Given to Waqf Board. | Removed. |
| Property Survey | By Survey Commissioners. | Now under District Collectors via State Revenue Laws. |
| Central Waqf Council | All members must be Muslim. | Includes 2 women and 2 non-Muslims. Not all members need to be Muslim. |
| State Waqf Boards | At least 2 Muslim MPs/MLAs, 2 women. | Must include women, non-Muslims, and members from Shia, Sunni, Bohra, Aga Khani communities. |
| Tribunal Composition | Includes Muslim Law Expert. | Removed. Now led by District Judge + State Government Secretary. |
| Appeal Process | Limited High Court intervention. | Appeals to High Court allowed within 90 days. |
| Audit & Oversight | Done by State Governments. | Central Govt can audit, create rules, and oversee registration. |
| Separate Boards | Only for Shia and Sunni. | Now includes Bohra and Aga Khani Waqf Boards. |
Implementation: Challenges & State Responsibilities
The biggest question now is: Will states implement the Waqf Act 2025 effectively?
Key challenges:
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Conducting transparent, fast-tracked property surveys
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Preventing misuse of Section 40-like loopholes
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Ensuring inclusivity in Waqf Boards
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Enabling judicial appeals and audits
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Guaranteeing Waqf income is spent on intended welfare purposes
As land is a state subject, the success of this law depends entirely on how seriously states act in the coming months.
The Waqf Amendment Act 2025 is a bold attempt to bring accountability, transparency, and inclusivity to Waqf property management. But unless states act decisively and honestly, the law may struggle to bring real change on the ground.
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