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A major development in how India manages waqf property emerged through the creation of the Unified Waqf Management Empowerment, Efficiency and Development Act, 2025. This Act targets better transparency in waqf property control and improves manager responsibility under new regulations that modify the Waqf Act, 1995. The new law triggers talks about how it affects religious power and private ownership rights.
In complex constitutional issues relating to property rights and religious freedoms, obtaining legal counsel without delay will enable you to comprehend your situation and gather the proper legal response.
Understanding Waqf and its regulations
A waqf permanently gives specific property to religious or charitable purposes as defined through Islamic laws. India runs its waqf properties according to the regulations in the Waqf Act, 1995 by delegating authority to state-level Waqf Boards and the national Central Waqf Council. These organisations manage all matters related to waqf property registration and upkeep.
Major Changes in the Waqf (Amendment) Act, 2025
1. Renaming of the Act
Since 1995, the law has undergone development and been renamed the Unified Waqf Management Empowerment Efficiency and Development Act, 2025.
2. Formation of Waqf
Under this change, the law now bans the practice of adding new properties to the waqf through regular use because many people have made improper waqf claims.
Muslims who have practised their faith for more than five years and own the property can turn it into a waqf.
This revision makes sure that when children set up waqf-under-father arrangements, it will not prevent daughters from collecting their legal inheritance.
3. The Collection Office Checks Waqf Asset Locations
District Collectors received new powers through these amendments to properly survey Waqf properties at a quicker pace.
The Act requires setting up a centralised portal system for waqf property registration to help everyone access trusted waqf information.
4. Composition of Waqf Boards and Councils
Under new rules, Muslim women must join both the Waqf Council and the State Waqf Boards, while non-Muslims can take part in their operations.
The Waqf (Amendment) Act of 2025 requires Waqf boards to include members from all major Muslim sects: Shia, Sunni, Bohra, and Agakhani. The law helps Muslim groups uphold their religious traditions when managing Waqf properties.
5. Judicial Oversight
The High Courts in India gained authority to review Waqf Tribunal decisions through an appeal mechanism, effective within 90 days, to create judicial oversight that did not exist before.
6. Repeal of Obsolete Legislation
Under this legislation, the government replaced the inadequate Mussalman Wakf Act of 1923 with updated rules for managing waqfs in a single legal system.
Legal and Constitutional Challenges
The Waqf (Amendment) Act, 2025 faces legal testing to prove its constitutional status.
People who oppose the law believe permitting non-Muslim members to run waqf institutions harms religious groups' control over their own practices.
People worry that the legislation could hurt the basic human principles of equal treatment and division.
The law now allows state authorities to take control of waqf properties, which directly affects rights related to private property.
A Public Interest Litigation (PIL) that was filed in the Delhi High Court challenging the constitutionality of the Waqf (Amendment) Act, 2025. There were then subsequently multiple petitions that were filed in the Supreme Court raising the same questions. The Supreme Court duly understood the importance of the issues, as well as the congruence of the petitions, and accordingly consolidated the petitions, and began hearings to determine whether the Act was consistent with the Constitution.
Political and Community Responses
Muslim groups, including AIMPLB and other organisations, strongly oppose the amendment through both public demonstrations and legal action. Communist Party of India leaders, including General Secretary D. Raja, took their disagreements to the Supreme Court in opposition to the Act.
Supreme Court Hearings on the Waqf (Amendment) Act, 2025
On April 17th, 2025, the Supreme Court of India heard a number of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petitions were submitted by several political leaders and organisations, including Congress Member of Parliament Mohammad Jawed, AIMIM President Asaduddin Owaisi, the Communist Party of India (CPI), the All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-e-Hind, and the DMK.
During the hearing, the Supreme Court took all of the petitions together titled "In re: Waqf (Amendment) Act 2025" and ordered the Union government to file a consolidated response within one week. The Supreme Court also ordered that none of the waqf property (registered, unregistered or done by user) could be denotified, modified or interfered with until the second hearing.
Solicitor General Tushar Mehta, appearing for the central government, assured the Court that the Union government would not denotify any waqf property and no appointments would be made by the Central Waqf Council or State Waqf Boards until May 5, 2025. He contended that the Supreme Court should not grant any interim relief without knowing the Union government's position on a law enacted by Parliament. The Supreme Court recorded the Union government's assurances and granted the Union government one week to respond to the petitions.
This situation highlights the continuing legal and constitutional controversy regarding the Waqf (Amendment) Act 2024 and its effect on freedom of religion and property rights in India.
As the Supreme Court is struggling with its precedents in this branch of the law, legal experts are present to guide the community and individual stakeholders in interpreting the court orders so that any legal action can be pursued without undue delay.
Critical Response
The Waqf (Amendment) Act 2025 represents a radical reform in the governance of waqf properties in India and though lauded for the obvious intention to promote transparency and inclusivity, the effect of such a set of measures is a professional concern, namely:
Freedom of Religion: The inclusion of non-Muslim members in waqf institutions could be interpreted as an erosion of the autonomy of religion.
Legal Clarity: As there will be no remaining notion of what 'waqf by user' means in the Act, the processes of survey reassignment may lead to legal ambiguity and conflict in the future.
Implementation Gaps: The effectiveness of the new surveys and centralised database will rely heavily on effective dissemination of agency responsibilities and robust levels of implementation.
As legal challenges continue, the judiciary's approach and interpretation will be essential in ensuring the new reforms do not run afoul of the rights we afford people to freely practice their religion.
Conclusion
The Waqf (Amendment) Act, 2025 is the government’s bold effort to modernise the waqf laws in India and improve the governance of waqf property management mechanisms. The principles of government accountability and inclusive governance should be commendable. However, the salient constitutional considerations and legal complications that arise in association with the current Waqf Act and ongoing proceedings are not going to go away. The hearings at the Supreme Court will significantly influence Waqf law in India going forward, and whether the amendments reflect the principles enshrined in the Constitution of India concerning religious freedom, equality and property rights.
As the country moves closer toward reform in the administration of religious endowments, it is crucial to balance regulation with communal autonomy. The evolving legal context raised by the amendments will hopefully be one to follow for not only lawyers and policy-makers, but every citizen engaged in issues involving law, religion, and governance.
Regardless of whether you are the title-holder, waqf property, community representative or a concerned citizen, seeking appropriate legal counsel will give you some clarity and enable you to take the right steps to safeguard your interests while legal reforms are ongoing.
FAQs
What is the Waqf Act in India?
The Waqf Act, 1995, governs the administration of waqf rights across India and establishes relevant governmental bodies, such as Waqf Boards and the Central Waqf Council, to oversee property endowed for religious and charitable acts in accordance with Islamic law.
What are the main changes that the Waqf Act Amendment 2025 brings?
The Waqf Act Amendment 2025 (UWMEED Act) has stricter requirements on declaring waqf property, eliminates the concept of 'waqf by user', requires property to be digitally recorded, requires women to be appointed to waqf boards, and introduces an appeal process to the High Courts.
Why is the Waqf Act amendment Bill challenged in the Supreme Court?
Multiple petitions assert it violates Articles 14, 15, 26 and 300A of the Constitution by interfering with religion, infringing property rights, and lagging autonomy of waqf institutions.
If the Waqf Act, 1995 or old laws like the Mussalman Wakf Act, 1923, are repealed, what would happen?
Repealing current laws like the Mussalman Wakf Act, 1923 aims to consolidate and harmonise waqf regulation/ law making and eliminate unusable and duplicate provisions. However, some are arguing that the removal could lead to the deterioration of protections that have evolved over the years.
What is the Waqf Board in India?
Waqf Board is a statutory body at the State level for the registration, control and protection of waqf property. With the 2025 amendment, these boards will have even greater requirements to be transparent, and they will require a greater representation overall.
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