Waqf (Amendment) Bill 2025: Reform or Overreach?, Balancing Faith and Governance: The Debate Around the Waqf Bill 2025,Waqf (Amendment) Bill, 2025: Navigating Reforms, Rights, and Representation, The Waqf (Amendment) Bill, 2025 Explained: Impact, Issues, and the Way Forward, From Autonomy to Accountability: The Waqf (Amendment) Bill in Perspective

              

The Waqf (Amendment) Bill, 2025,

1.The concept of Waqf in Islamic jurisprudence entails a permanent allocation of assets—whether movable or immovable—for religious, charitable, or pious purposes. Once a waqf is created, the property’s ownership is transferred to God, and its advantages are utilized for the betterment of society, especially for those in need. The person who creates a waqf is known as a waqif, while the property is managed by a mutawalli, or steward. Significantly, waqf properties are not allowed to be sold, mortgaged, or transferred—they are deemed inalienable.

2.The concept of waqf in India has its origins in the 12th century, particularly under the governance of Muslim dynasties like the Delhi Sultanate and subsequently the Mughals. These monarchs created waqf endowments to finance mosques, madrasas, hospitals, and various other charitable organizations. As time progressed, the waqf system became a crucial component of the socio-religious and economic structures within Muslim communities in India.

The first formal legal acknowledgment of waqf during British colonial rule was through the Mussalman Waqf Act of 1923. Following independence, the Waqf Act of 1954 instituted state waqf boards to manage these properties. The 1995 Waqf Act further reinforced regulatory measures by establishing the Central Waqf Council, with the objective of safeguarding waqf assets from encroachment and mismanagement.

               

The Waqf (Amendment) Bill, 2025,

Key Features of the Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025, presented by the Government of India, introduces significant structural reforms in the management of waqf properties.

1. Inclusion of Non-Muslim Members:

For the first time, non-Muslim individuals will be permitted to join both the Central Waqf Council and State Waqf Boards. This measure aims to improve transparency and promote interfaith collaboration. Nevertheless, detractors contend that allowing individuals from outside the Muslim faith to occupy decision-making positions within Islamic endowments could undermine the religious integrity and independence of waqf institutions.

2. Governmental Authority in Property Disputes:

The bill grants authority to the central or state government to resolve property ownership disputes, a responsibility that was previously handled by waqf tribunals and courts. This raises alarms about potential executive overreach and the risk of politically motivated interferences in the transfer or seizure of waqf land.

3. Establishment of a Centralized Digital Portal:

To enhance transparency and effectiveness, the bill requires the establishment of a digital portal to oversee the entire lifecycle of waqf properties. This includes tasks such as registration, auditing, resolving disputes, and providing real-time asset monitoring. Proponents argue that this will advance waqf governance, curb corruption, and improve resource allocation.

           Impact and Significance

Increased Oversight and Transparency:

The introduction of a centralized digital system and a diverse composition of boards could aid in resolving longstanding issues related to corruption, land encroachments, and lack of transparent governance in waqf institutions. These reforms are perceived as steps toward modernization and good governance.

Concerns Over Autonomy and Religious Rights:

The inclusion of non-Muslims in waqf boards has faced pushback from various Muslim organizations, who consider this an infringement on the religious affairs of the community. They assert that waqf, as a religious trust, ought to be administered by individuals familiar with and adhering to Islamic law.

Potential for Property Disputes:

The government's authority to adjudicate ownership could lead to possible misuse. Given that land disputes are frequent in India and documentation is often lacking, this provision could jeopardize the sanctity and safety of waqf properties.

           

              Issues and Controversies

Representation and Decision-Making:

The fundamental concern revolves around the perceived dilution of Muslim representation in waqf boards. If non-Muslims surpass Muslims in numbers or occupy critical decision-making positions, it could result in decisions diverging from Islamic principles, impacting the core nature of waqf.

Historical Precedents and Legal Challenges:

Waqf properties have historically been subject to encroachment and legal conflicts, frequently stemming from inadequate documentation or colonial-era land records. Opponents worry that the new law could intensify these challenges by granting extensive powers to the government.

Community Trust and Social Harmony:

The amendment has incited protests in multiple regions of India. Numerous Muslim leaders claim that the bill may undermine trust between the government and the minority community. Such actions, if viewed as one-sided, could foster discord and disrupt communal unity.

                  Way Forward

Inclusive Dialogue:  

The government needs to engage in meaningful discussions with Muslim leaders, scholars, legal experts, and representatives of civil society to reach a consensus-driven approach. Participatory governance and consultation can help alleviate concerns and enhance the legitimacy of reforms.

Safeguards Against Misuse:  

It is essential to establish clear legal protections to avoid arbitrary interference by the government. The resolution of disputes relating to waqf property should be subject to judicial review or oversight by independent regulatory authorities.

Capacity Building and Training:  

Waqf boards ought to receive improved training, alongside financial and legal expertise, to effectively manage assets. Additionally, non-Muslim members should participate in orientation programs to better understand the religious sensitivities and legal frameworks that shape waqf institutions.

Provisions of the Constitution Pertaining to Waqf and Religious Rights

1. Article 25 – Right to freedom of conscience and the ability to freely profess, practice, and spread religion: 

Guarantees individuals the ability to freely express and manage their religious practices, which encompasses entities such as waqf.

2. Article 26 – Right to oversee religious matters: 

Ensures that every religious community has the authority to govern its own religious affairs, including the establishment and upkeep of waqfs.

3. Articles 29 and 30 – Rights for cultural and educational pursuits of minorities: 

Safeguard the rights of minority groups to preserve their cultural heritage and manage institutions of their preference.

4. Article 300-A – Right to property: 

Although not categorized as a fundamental right, it protects individuals from being dispossessed of property without the law's authority, which is significant in relation to waqf land.

             

         Significant Supreme Court Rulings on Waqf and Religious Autonomy

1. S. Azeez Basha v. Union of India (1968): 

This case clarified that institutions such as Aligarh Muslim University, established by legislation, do not possess complete autonomy as minority institutions. This ruling is frequently cited in discussions regarding governmental oversight of religious entities.

2. M. P. Waqf Board v. Bhopal Development Authority (2004): 

The Court highlighted the necessity of safeguarding waqf properties and determined that any encroachments on waqf land should be addressed strictly, reaffirming the non-transferable nature of waqf properties.

3. Board of Muslim Waqfs, Rajasthan v. Radha Kishan (1979): 

This decision reiterated the unique status of waqf properties and clarified that state authorities must acknowledge their legal and religious significance under waqf legislation.

4. All India Imam Organization v. Union of India (1993): 

Although not specifically focused on waqf, it confirmed the entitlement of religious leaders to receive compensation, supporting the state's role in aiding religious practices in accordance with Articles 25 and 26.  

                      Conclusion  

The Waqf (Amendment) Bill, 2025, represents a pivotal moment in the evolution of waqf governance in India. While it brings forth mechanisms to enhance transparency and accountability, it simultaneously raises significant issues regarding religious autonomy, property rights, and representation across communities. The path forward requires a balance between administrative efficiency and respect for constitutional rights and religious sensitivities. An inclusive and participatory approach, founded on dialogue and mutual respect, is crucial to ensure that the essence of waqf—as a means of promoting social welfare—continues to prosper within a diverse society.