The Waqf (Amendment) Act, 2025, introduced by the Government of India, seeks to significantly reform the legal and administrative framework surrounding waqf properties. This paper delves into the primary objectives, key amendments, and constitutional implications of the Act. By addressing concerns around arbitrary land claims, gender exclusion, and outdated legal procedures, the Act aims to bring transparency and inclusivity to waqf governance. However, certain provisions may spark debate regarding religious autonomy and administrative overreach.

Introduction
The concept of waqf, a charitable endowment under Islamic law, has long had social, religious, and economic significance in India. Waqf properties include mosques, graveyards, schools, and other charitable establishments. However, administrative inefficiencies, legal ambiguities, and misuse of waqf laws have led to significant disputes and underutilization of waqf assets. The Waqf Act, 1995, while comprehensive, has faced criticism for enabling arbitrary practices and lacking inclusivity. The Waqf (Amendment) Act, 2025, marks an effort to overhaul this landscape by addressing key governance and legal concerns.

Objective and Scope of the Act:

The primary objective of the Waqf (Amendment) Act, 2025, is to reform the waqf administration system by ensuring:

• Transparency and accountability in waqf property management
• Protection of public and private land rights from arbitrary waqf declarations
• Gender inclusion and representation in waqf boards
• Streamlining of dispute resolution mechanisms
• Alignment of waqf practices with constitutional values
   

Key Legal Provisions of the Act

1. Restriction on Waqf Declaration

   The Act specifies that only a Muslim who has practiced the religion for at least five years and holds lawful ownership over the property can declare it as waqf. This addresses the issue of fraudulent waqf claims by individuals lacking ownership or religious authority, and supports Article 300A of the Constitution which safeguards the right to property.
    

2. Abolition of 'Waqf by User'

   The doctrine of 'waqf by user' allowed properties used for religious purposes over time to be treated as waqf. The amendment abolishes this concept, thereby reducing the scope for retrospective claims based on mere user practices without legal documentation. This is intended to reduce land disputes and promote clarity in ownership records.
    

3. Prohibition on Government Land Being Declared Waqf

   The amendment prohibits any government land from being declared as waqf property. If there is any uncertainty regarding ownership, the District Collector is authorized to determine the status and make necessary changes to land records. This move is crucial to prevent unauthorized claims and protect public land from encroachment.
    

4. Gender Justice and Inheritance Protection

   The amendment protects inheritance rights, especially those of female heirs, by ensuring that family waqfs (waqf-alal-aulad) do not infringe upon their legal entitlements. This aligns with Articles 14 and 15 of the Constitution and addresses historical discrimination faced by women in waqf administration and property inheritance.

5. 
   Redefining Waqf Board Composition

   The Act mandates the inclusion of women, non-Muslims, and professionals with expertise in law, administration, and land revenue on waqf boards. This is a significant step toward democratizing waqf governance and ensuring that boards are equipped with the requisite knowledge and diversity to handle complex legal and administrative issues.
    

6. Empowering Waqf Tribunals

   Waqf Tribunals are granted the powers of a civil court under the Civil Procedure Code. Their decisions are deemed final and binding, thereby expediting the resolution of waqf-related disputes and reducing the burden on regular civil courts.

 

Legal and Constitutional Implications

The proposed amendments raise important constitutional questions related to property rights, religious freedom, and gender justice. By restricting waqf declarations and abolishing waqf by user, the Act reinforces Article 300A and the right to equality under Article 14. At the same time, the inclusion of non-Muslims on waqf boards may face scrutiny under Article 26, which protects the rights of religious denominations to manage their own affairs. However, the state may justify such reforms under its duty to ensure secular, efficient, and inclusive governance of public charitable institutions.
 

Social and Administrative Impact

The amendment is expected to reduce instances of illegal land claims and bring waqf assets under proper utilization. It promotes a secular and participatory administrative model and aims to build trust among stakeholders. The presence of women and domain experts can significantly improve the effectiveness of waqf boards and ensure that properties are used for their intended charitable and religious purposes.

Challenges and Concerns

Despite its progressive outlook, the Act faces resistance from conservative sections of society. The inclusion of non-Muslims and governmental oversight may be viewed as state intrusion into religious matters. Furthermore, the burden placed on District Collectors to resolve ownership disputes and update records may strain administrative resources. Legal challenges on constitutional grounds are also likely, especially in relation to Articles 25 and 26.

Conclusion
The Waqf (Amendment) Act, 2025, is a transformative piece of legislation that addresses long-standing inefficiencies and inequities in waqf governance. It attempts to balance religious freedom with the need for accountability, gender justice, and constitutional compliance. The implementation of the Act even after its' publication in the Gazzet of India, must be done with sensitivity, dialogue, and legal robustness to ensure that it achieves its intended outcomes without infringing on fundamental rights.