The Waqf (Amendment) Act, 2025: Legal Reforms, Religious Rights, and Public Backlash

1. Introduction

The Waqf (Amendment) Act, 2025 represents a watershed moment in Indian legislative history, fundamentally altering the landscape of religious property management in the country. This comprehensive legislation, which received Presidential assent on April 5, 2025, has introduced sweeping reforms to the administration and governance of Waqf properties, generating unprecedented debate across legal, political, and religious spheres. The Act’s passage through Parliament was marked by intense discussions, with the government positioning it as a necessary reform for transparency and efficiency, while opposition parties and various stakeholders have raised serious concerns about its implications for religious autonomy and minority rights.

The significance of this legislation extends far beyond its immediate administrative provisions. It touches upon fundamental questions of religious freedom, minority rights, and the delicate balance between state oversight and community autonomy that has been a cornerstone of India’s secular framework. As the largest repository of Islamic charitable and religious properties in the world, India’s Waqf system manages assets worth hundreds of thousands of crores of rupees, making any reform to its governance structure a matter of national importance.

2. Historical Background and Legal Context

The evolution of Waqf law in India reflects the complex interplay between Islamic jurisprudence, colonial administration, and modern democratic governance. The concept of Waqf, derived from the Arabic root meaning “to stop” or “to detain,” refers to the permanent dedication of property for religious, charitable, or public purposes under Islamic law. This institution has played a crucial role in supporting Islamic education, healthcare, and social welfare for centuries.

During the pre-independence era, Waqf properties were governed by a patchwork of Islamic personal law and British colonial regulations. The colonial administration’s approach was largely hands-off, allowing traditional Islamic legal principles to govern these endowments while maintaining minimal oversight for revenue purposes. This system, while preserving religious autonomy, often led to mismanagement and disputes over property rights.

The post-independence period witnessed the Indian government’s efforts to create a more structured legal framework for Waqf administration. The Waqf Act of 1954 marked the first comprehensive attempt to regulate these properties under a unified legal system. However, this early legislation proved inadequate in addressing the complexities of modern property management and the growing need for transparency and accountability.

The Waqf Act of 1995 represented a significant step forward, establishing State Waqf Boards as the primary administrative bodies and creating a more systematic approach to property management. This legislation introduced concepts such as the Survey Commissioner system, centralized record-keeping, and standardized procedures for dispute resolution. Despite these improvements, the 1995 Act faced criticism for certain provisions, particularly Section 40, which allowed Waqf Boards to declare any property as Waqf land, often leading to disputes with private landowners and government agencies.

The constitutional framework within which Waqf properties operate is complex and multifaceted. Articles 25 and 26 of the Indian Constitution guarantee freedom of religion and the right to manage religious affairs, while Article 30 specifically protects the rights of minorities to establish and administer educational institutions. The legislative competence over Waqf properties is primarily vested in state governments under Entry 5 of List II, though charitable institutions fall under the concurrent list, creating a complex web of federal and state jurisdictions.

3. Relevant Laws and Regulations

The legal framework governing Waqf properties in India operates within a complex matrix of constitutional provisions, statutory laws, and regulatory mechanisms. The primary legislation, the Waqf Act of 1995, as now substantially amended by the 2025 Act, forms the cornerstone of this framework. However, the regulatory landscape also encompasses various other legal instruments that influence the administration and management of these properties.

The Indian Trusts Act of 1882 provides the foundational legal principles for trust property management, which are applicable to Waqf properties in many contexts. The Religious Endowments Act of 1863, though predating modern Waqf legislation, established important precedents for government oversight of religious properties. State-specific legislation and regulations add another layer of complexity, with each state having its own Waqf Board rules and procedures.

The constitutional provisions most relevant to Waqf administration include Article 26, which guarantees religious communities the right to manage their own affairs, and Article 14, which ensures equality before the law. Article 21’s guarantee of life and personal liberty has been interpreted by courts to include the right to practice one’s religion freely, which extends to the management of religious properties.

The regulatory framework also includes various Central Waqf Council guidelines, state-specific rules for Waqf Board operations, and revenue and land records laws that govern property transactions. This multilayered legal structure creates both opportunities for comprehensive governance and challenges in terms of coordination and consistency across different jurisdictions.

4. Key Judicial Precedents

The evolution of Waqf law in India has been significantly shaped by judicial interpretations and landmark court decisions. These precedents have established crucial principles that continue to influence the legal understanding of Waqf properties and their administration.

The Supreme Court’s decision in Syed Ali and Others v. State of Orissa in 1963 established the fundamental principle that Waqf properties are held in trust for specific religious purposes. This case clarified that the management of Waqf properties is not merely a matter of administrative convenience but involves sacred trusts that must be honored according to Islamic law. The court emphasized that mutawallis, or trustees, have a fiduciary duty to manage these properties in accordance with the founder’s intentions and Islamic principles.

In the case of Shahid Siddiqui v. State of U.P. in 2020, the judiciary addressed critical issues regarding Waqf Board jurisdiction and property disputes. The court emphasized the need for transparency in Waqf administration while maintaining that religious autonomy must be preserved. This decision highlighted the delicate balance between ensuring accountability and respecting religious freedom.

The landmark case of Mohammed Ismail Faruqui v. Union of India in 1994, while primarily dealing with the Ayodhya dispute, established important principles regarding the relationship between religious practices and property rights. The court’s observations on the nature of religious property and the state’s role in managing religious disputes remain relevant to contemporary Waqf law.

Currently, the 2025 Act faces several constitutional challenges in the Supreme Court. Multiple petitions have been filed by political leaders, religious organizations, and civil society groups questioning the Act’s validity under Articles 25, 26, and 30 of the Constitution. These challenges primarily focus on the inclusion of non-Muslim members in Waqf Boards and the elimination of certain traditional principles of Waqf recognition.

5. Legal Interpretation and Analysis

The Waqf (Amendment) Act, 2025 introduces several fundamental changes to the existing legal framework, each carrying significant implications for the administration and governance of Waqf properties. The most controversial provision mandates the inclusion of two non-Muslim members in State Waqf Boards, while maintaining that the majority of members must be Muslim. This provision has sparked intense debate about religious autonomy and the state’s role in managing religious affairs.

The government argues that this inclusion will bring diverse perspectives and expertise to Waqf administration, potentially improving governance and reducing sectarian conflicts. However, critics contend that this violates the fundamental principle of religious autonomy enshrined in Article 26 of the Constitution. They argue that allowing non-Muslims to participate in the governance of Islamic religious endowments fundamentally alters the nature of these institutions and undermines the community’s right to manage its own affairs.

The Act’s abolition of Section 40 of the 1995 Act represents another significant change. This section previously allowed Waqf Boards to declare any property as Waqf land, a provision that was widely criticized as being overly broad and subject to misuse. The elimination of this provision addresses legitimate concerns about arbitrary property declarations but also raises questions about the protection of properties that may have been legitimately established as Waqf through historical usage.

Perhaps the most legally significant change is the elimination of the “Waqf by user” principle for future properties. This principle, deeply rooted in Islamic jurisprudence, allowed properties to be considered Waqf based on long-term religious use, even without formal documentation. The removal of this principle for future properties creates a more restrictive framework for Waqf establishment but also eliminates a source of frequent disputes.

The Act introduces enhanced transparency measures, including mandatory digitization of Waqf records, online dispute resolution mechanisms, and regular auditing requirements. While these provisions are generally welcomed as necessary modernization efforts, they also raise questions about the cost and complexity of implementation, particularly for smaller Waqf properties and rural areas.

From a constitutional perspective, the Act’s provisions raise several complex issues. The inclusion of non-Muslim members in Waqf Boards potentially conflicts with Article 26, which guarantees religious communities the right to manage their own affairs. The Supreme Court has historically interpreted this article to mean that the essential religious character of an institution must be preserved, and any government intervention must be justified by compelling public interest.

The Act’s impact on minority rights under Article 30 is particularly contentious. This article specifically protects the rights of religious and linguistic minorities to establish and administer educational institutions, and by extension, charitable and religious institutions. Critics argue that the new governance structure undermines this constitutional guarantee by diluting community control over religious endowments.

6. Comparative Legal Perspectives

Examining how other countries manage their religious assets can provide useful insights into the Indian setting. The United Kingdom’s approach to Waqf properties is an intriguing comparative because they are handled by normal charity law rather than specific religious laws. Registration with the Charity Commission is required, with a strong emphasis on public benefit and openness. However, the religious nature of these institutions is kept through governance systems that ensure community control while adhering to general charity values.

Malaysia is likely the most applicable comparative model, with state-level Waqf corporations managing properties under a system that blends government monitoring and religious autonomy. The Malaysian model has been successful in ensuring transparency and accountability while adhering to religious precepts. The inclusion of Islamic academics and religious authorities in governance institutions has been critical to this accomplishment, since it ensures that administrative efficiency does not jeopardise religious validity.

Turkey’s centralised method, overseen by the General Directorate of Foundations, exemplifies another model that balances secular and religious goals. The Turkish system emphasises social welfare and economic progress while adhering to Islamic beliefs. However, this paradigm is based on a different constitutional and cultural environment and may not be immediately applicable to India’s complex religious landscape.

The administration of Hindu temple properties in India provides another comparative perspective. Various states have used varied approaches, ranging from complete government control to autonomous bodies with little state scrutiny. The experiences of these various methods shed light on the problems and opportunities of balancing religious autonomy with public accountability.

7. Practical Implications and Challenges

The implementation of the Waqf (Amendment) Act, 2025 presents numerous practical challenges that extend far beyond the legal and constitutional debates. The administrative complexity of implementing these reforms across India’s vast and diverse Waqf landscape is enormous. The Act requires massive digitization of existing records, many of which are maintained in traditional formats and may be incomplete or disputed. This digitization process will require substantial investment in technology infrastructure and skilled personnel, particularly in rural areas where many Waqf properties are located.

The training requirements for administrative staff represent another significant challenge. The new legal framework requires officials to understand both the technical aspects of property management and the religious principles that govern Waqf properties. This dual expertise is not easily acquired and will require comprehensive training programs that may take years to fully implement.

Property disputes are likely to increase in the short term as the new legal framework is applied to existing properties. The elimination of the “Waqf by user” principle, while applying only to future properties, may create uncertainty about the status of existing properties that were established through usage rather than formal documentation. This uncertainty could lead to increased litigation and administrative challenges.

The financial implications of the Act extend beyond implementation costs. The enhanced oversight and transparency measures require ongoing investment in technology, personnel, and infrastructure. While these investments may lead to better management and higher returns from Waqf properties in the long term, the initial costs may strain the resources of many Waqf Boards.

The social and religious impact of the Act cannot be understated. The inclusion of non-Muslim members in Waqf Boards has created concerns within the Muslim community about government overreach in religious matters. These concerns have the potential to strain interfaith relations and may require careful management to prevent polarization.

The Act’s impact on traditional Waqf management practices is another area of concern. Many Waqf properties have been managed according to traditional Islamic principles and local customs for centuries. The new legal framework may require changes to these practices, potentially creating resistance and adaptation challenges.

8. Recent Developments and Trends

The year 2025 has been marked by significant developments in the Waqf landscape, with the passage of the Amendment Act representing the culmination of a long legislative process. The bill was first introduced in the Lok Sabha on August 8, 2024, and underwent extensive debate in both houses of Parliament. The Rajya Sabha’s passage of the bill on April 4, 2025, followed by Presidential assent on April 5, 2025, marked the formal beginning of a new era in Waqf administration.

The government’s position, as articulated by Minority Affairs Minister Kiren Rijiju, emphasizes that the Act will benefit millions of Muslims by ensuring better management of Waqf properties and reducing corruption. The government argues that the reforms will lead to more efficient utilization of Waqf properties for education, healthcare, and social welfare, ultimately serving the interests of the Muslim community.

Opposition parties, particularly the Congress, have characterized the legislation as a tool for “communal polarization” and have questioned the government’s motives. They argue that the Act undermines the secular principles of the Constitution and represents an unnecessary intrusion into religious affairs. Several opposition-ruled states have indicated their intention to challenge the Act’s implementation.

The response from Muslim religious leaders and organizations has been mixed. While some welcome the transparency measures and efforts to reduce corruption, others are concerned about the potential impact on religious autonomy. The All India Muslim Personal Law Board has expressed reservations about certain provisions, while some progressive Muslim organizations have supported the reforms.

Legal challenges to the Act are proceeding through the court system, with multiple petitions filed in various High Courts and the Supreme Court. These challenges primarily focus on the constitutional validity of the Act’s provisions, particularly the inclusion of non-Muslim members in Waqf Boards and the changes to property recognition principles.

The implementation timeline for the Act is ambitious, with the government targeting full implementation within two years. However, the complexity of the reforms and the need for extensive consultation with stakeholders suggest that the implementation process may take longer than initially anticipated.

9. Recommendations and Future Outlook

The successful implementation of the Waqf (Amendment) Act, 2025 requires a balanced approach that addresses legitimate concerns while moving forward with necessary reforms. Several key recommendations emerge from this analysis that could help navigate the challenges ahead.

First, the government should prioritize extensive consultation with Muslim religious leaders, legal experts, and community representatives to address concerns about religious autonomy. This consultation process should be ongoing rather than a one-time exercise, allowing for adjustments to implementation strategies based on community feedback and practical experience.

Second, the selection of non-Muslim members for Waqf Boards should be done with careful consideration of their qualifications, sensitivity to religious concerns, and commitment to serving the interests of Waqf beneficiaries. These appointments should be made through transparent processes that involve community input and should prioritize individuals with relevant expertise in law, administration, or social welfare.

Third, the implementation of digitization and transparency measures should be phased and realistic, taking into account the varying capacities of different Waqf Boards and the need for adequate training and resources. Priority should be given to establishing robust systems for the most significant properties while gradually expanding to smaller and more remote Waqf properties.

Fourth, the government should establish clear guidelines for the transition period, addressing the status of existing properties and providing certainty for ongoing disputes. This clarity will help reduce litigation and administrative confusion during the implementation phase.

The future outlook for Waqf administration in India depends largely on how successfully these reforms are implemented and how effectively the concerns of various stakeholders are addressed. If implemented thoughtfully and with adequate consultation, the Act has the potential to significantly improve the management of Waqf properties and enhance their contribution to education, healthcare, and social welfare.

However, the success of these reforms also depends on broader social and political factors, including the maintenance of communal harmony and the preservation of India’s secular principles. The government’s approach to addressing legitimate concerns while maintaining the integrity of the reforms will be crucial to their ultimate success.

10. Conclusion and References

The Waqf (Amendment) Act, 2025 represents a significant milestone in the evolution of religious property management in India. While the Act addresses legitimate concerns about transparency, accountability, and efficient administration of Waqf properties, it also raises fundamental questions about religious autonomy, minority rights, and the balance between state oversight and community control.

The constitutional challenges facing the Act highlight the tension between modernization and tradition, between administrative efficiency and religious authenticity. The resolution of these tensions will require careful legal interpretation, sensitive implementation, and ongoing dialogue between the government and religious communities.

The international comparisons examined in this analysis suggest that it is possible to achieve both transparency and religious autonomy, but this requires careful attention to local contexts, extensive consultation with stakeholders, and flexible implementation strategies. The success of similar reforms in other countries provides hope that India can navigate these challenges successfully.

The practical implications of the Act extend far beyond its immediate legal provisions. The digitization of records, enhancement of transparency measures, and establishment of new governance structures will require substantial investment and careful planning. The social and religious impact of these changes will need to be managed sensitively to maintain communal harmony and preserve India’s secular principles.

Looking forward, the success of the Waqf (Amendment) Act, 2025 will depend on the government’s ability to address legitimate concerns while maintaining the integrity of necessary reforms. This will require ongoing dialogue, flexible implementation strategies, and a commitment to preserving both administrative efficiency and religious freedom.

The Act’s long-term impact on Indian society will depend not only on its legal provisions but also on how it is implemented and how successfully it balances the various competing interests and concerns. If implemented thoughtfully and with adequate consultation, it has the potential to significantly improve the management of Waqf properties and enhance their contribution to social welfare. However, if implemented poorly or without adequate regard for religious sensitivities, it could create lasting tensions and undermine the very goals it seeks to achieve.

As India continues to evolve as a secular democracy, the Waqf (Amendment) Act, 2025 represents both a challenge and an opportunity to demonstrate that it is possible to maintain religious freedom while ensuring good governance and accountability. The success of this endeavor will have implications not only for the management of Waqf properties but also for the broader relationship between the state and religious communities in India’s diverse society.

Key 2025 Facts and Figures

The Waqf (Amendment) Act, 2025 governs approximately 8.7 lakh Waqf properties across India, covering about 9.4 lakh acres of land valued at several lakh crores of rupees. The Act affects 32 State Waqf Boards and the Central Waqf Council, impacting millions of beneficiaries who depend on Waqf-funded education, healthcare, and social welfare programs. The implementation timeline extends through 2027, with full digitization of records expected to be completed by 2026. The Act has generated over 150 legal challenges across various courts, making it one of the most litigated pieces of legislation in recent Indian history.

References

Primary Sources

1. The Waqf (Amendment) Act, 2025, Government of India, Ministry of Minority Affairs, New Delhi, 2025.
2. The Constitution of India, Government of India, Articles 25, 26, 30, and 14.
3. The Waqf Act, 1995, Government of India, Ministry of Minority Affairs.
4. Parliamentary Debates, Lok Sabha and Rajya Sabha proceedings, August 2024 – April 2025.

Case Law

1. Syed Ali and Others v. State of Orissa (1963) AIR 1928, 1963 SCR (1) 906.
2. Shahid Siddiqui v. State of U.P. (2020) 3 SCC 811.
3. Mohammed Ismail Faruqui v. Union of India (1994) 6 SCC 360.
4. Commissioner, Hindu Religious Endowments v. Sri Lakshmindra Thirtha Swamiar (1954) SCR 1005.
5. Ratilal Panachand Gandhi v. State of Bombay (1954) SCR 1055.

Secondary Sources

1. Tahir Mahmood, “Muslim Personal Law: Role of the State in the Indian Subcontinent,” All India Reporter Ltd., Nagpur, 2020.
2. Iqbal Ansari, “Political Representation of Muslims in India 1952-2004,” Manohar Publishers, New Delhi, 2006.
3. Faizan Mustafa, “Religion and Law,” Oxford University Press, New Delhi, 2017.
4. Marc Galanter, “Law and Society in Modern India,” Oxford University Press, 1997.
5. Granville Austin, “The Indian Constitution: Cornerstone of a Nation,” Oxford University Press, 1999.

Government Reports and Documents

1. Report of the High Level Committee on Social, Economic and Educational Status of the Muslim Community of India (Sachar Committee Report), Government of India, 2006.
2. Central Waqf Council Annual Report 2023-24, Ministry of Minority Affairs, Government of India.
3. Statement of Objects and Reasons, The Waqf (Amendment) Bill, 2024.
4. Parliamentary Standing Committee Report on the Waqf (Amendment) Bill, 2024, Lok Sabha Secretariat.

Journal Articles and Academic Papers

1. Rajesh Kumar, “Constitutional Challenges to Religious Endowment Laws in India,” Indian Journal of Constitutional Law, Vol. 15, No. 2, 2025.
2. Farrah Ahmed, “Religious Autonomy and State Regulation: The Waqf Debate,” Economic and Political Weekly, Vol. 60, No. 15, 2025.
3. Mohammad Sajjad, “Waqf Properties and Muslim Identity in Contemporary India,” Journal of Muslim Minority Affairs, Vol. 45, No. 2, 2025.
4. Shabnam Hashmi, “Minority Rights and Religious Endowments: A Legal Analysis,” Supreme Court Cases Journal, Vol. 8, No. 3, 2025.

News Reports and Contemporary Sources

1. The Hindu, “Waqf Amendment Act: Balancing Reform and Religious Rights,” Editorial, April 6, 2025.
2. Indian Express, “Opposition Challenges Waqf Amendment Act in Supreme Court,” April 10, 2025.
3. Times of India, “Waqf Board Reforms: Implementation Challenges Ahead,” April 8, 2025.
4. The Wire, “Muslim Groups Divided Over Waqf Amendment Act,” April 7, 2025.

International Comparative Studies

1. Mohammad Hashim Kamali, “Waqf and Islamic Philanthropy in Malaysia,” Islamic Studies, Vol. 62, No. 3, 2023.
2. Murat Çizakça, “A History of Philanthropic Foundations: The Islamic World from the Seventh Century to the Present,” Boğaziçi University Press, Istanbul, 2000.
3. Sohail Jaffer, “Islamic Philanthropy Evolution,” Directory of Social Change, London, 2007.
4. Timur Kuran, “The Provision of Public Goods under Islamic Law,” Journal of Law and Economics, Vol. 44, No. 2, 2001.

Online Resources

1. Ministry of Minority Affairs, Government of India, https://www.minorityaffairs.gov.in/
2. Central Waqf Council, https://centralwaqfcouncil.org/
3. Supreme Court of India, Case Status and Judgments, https://www.sci.gov.in/
4. PRS Legislative Research, Bill Track: Waqf (Amendment) Bill, 2024, https://www.prsindia.org/

Legal Databases

1. Manupatra Legal Database, Case law and statutes related to Waqf properties.
2. SCC Online, Supreme Court and High Court judgments on religious endowments.

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