Explained: Waqf (Amendment) Bill 2025 | Highlights, Key Changes It Proposed, And The Opposition It Faced

Hyderabad: The Waqf (Amendment) Bill 2024, which was sent to a joint parliamentary committee (JPC) in August 2024, was reintroduced in the Parliament by the government as Waqf (Amendment) Bill 2025, in April after the JPC submitted a report to Lok Sabha Speaker Om Birla earlier this year.

The Waqf (Amendment) Bill 2025 was passed by Lok Sabha at 1.57 am on Wednesday (April 2, 2025) after a marathon 12-hour-long debate. While 288 Lok Sabha members supported it, 232 voted against it. Rajya Sabha too passed the bill in the dead of the night (April 4, 2025) with 128 members voting in favour and 95 opposing it. The Upper House also debated the bill for several hours before its passage.

The discussion in both houses witnessed staunch objections from opposition parties, which termed the Bill “anti-Muslim” as well as “unconstitutional”, while the government responded that the “historic reform” would benefit the minority community. The Bill became law after President Droupadi Murmu gave her assent to it on Saturday (April 5, 2025).

What is the meaning of Waqf?

The word 'Waqf' has its origin in the Arabic word 'Waqufa' meaning to detain or to hold or tie up. According to WAMSI, an e-governance initiative under the Ministry of Minority Affairs that deals with Waqf properties, Waqf is the permanent dedication by a person professing Islam, of movable or immovable property for any purpose recognized by Muslim law as pious, religious or charitable.

Such properties are dedicated exclusively for religious or charitable purposes under Islamic law, and any other use or sale of the property is prohibited. A property declared Waqf cannot be inherited, gifted or sold. ‘Waqif’ is a person who creates a waqf for the beneficiary.

According to an explainer by the central government on Waqf (Amendment) bill, as Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. "Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable," the government said in its explainer.

The Waqf Amendment Bill proposed several changes to the Waqf Act 1995, governing central and state boards to decide how Muslim charitable properties are administered.

History of Waqf in India

In the last over 100 years, Waqf properties in India have been regulated by several laws to improve administration and prevent mismanagement. They include:

The Mussalman Wakf Validating Act, 1913: It allowed Muslims to create Waqfs for family benefit, eventually leading to charitable purposes. It also aimed to improve Waqf management but was not very effective.

The Mussalman Wakf Act, 1923: Introduced rules for proper accounting and transparency in Waqf management.

The Mussalman Wakf Validating Act, 1930: Strengthened the legal validity of family Waqfs, giving legal backing to the 1913 Act.

The Wakf Act, 1954: It created State Waqf Boards (SWBs) for the first time to oversee Waqf properties and strengthened Waqf management after India's independence. This Act also led to the establishment of the Central Waqf Council of India in 1964 to supervise State Waqf Boards and provided a pathway toward the centralisation of Waqfs. This central body would oversee the work under various state Waqf boards which were established under provisions of Section 9(1) of the Waqf Act, 1954.

Amendments to the Wakf Act, 1954: Several amendments to the Wakf Act of 1954 were carried out in 1959, 1964, 1969, and 1984 aimed to further improve the administration of Waqf properties.

The Waqf Act, 1995: This comprehensive Act repealed the 1954 Act and its amendments and was enacted to govern the administration of Waqf Properties in India. It provided for the power and functions of the Waqf Council, the State Waqf Boards, and the Chief Executive Officer, and also the duties of mutawalli. One of the important aspects of this Act was the creation of Waqf Tribunals, special courts with powers similar to civil courts. The Act stated that tribunal decisions were final and could not be challenged in civil courts.

The Waqf (Amendment) Act, 2013 introduced significant changes to the 1995 Act including:

• Created three-member Waqf Tribunals, including a Muslim law expert.
• Required two women members on each State Waqf Board.
• Prohibited the sale or gifting of Waqf properties.
• Increased the lease period of Waqf properties from 3 years to 30 years for better use.

The Waqf (Amendment) Bill, 2024/2025

The Waqf (Amendment) Bill, 2024 was introduced in Lok Sabha on 8th August, 2024. The Motion for reference of the Bill to a Joint Committee of both the Houses of Parliament was moved in Lok Sabha on 9th August, 2024, by Kiren Rijiju, the Minister of Minority Affairs, and concurred by the Rajya Sabha on the same day.

The Joint Parliamentary Committee

The 31-member Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill was headed by BJP MP Jagdambika Pal. After multiple sittings and hearings, the JPC suggested several amendments to the proposed Waqf legislation in its 655-page report that it submitted to Lok Sabha speaker Om Birla on January 30.

The opposition members on the panel had disagreed with the report and submitted their dissent notes. The panel's 655-page report was submitted to Lok Sabha Speaker Om Birla on January 30. On February 19, the Union Cabinet approved the 14 amendments proposed by the JPC. The report of the panel was tabled in Parliament on February 13 amid uproar and a walkout by the opposition parties.

How Many Properties Does The Waqf Board Control?

According to the central government, Waqf Boards currently control 8.7 lakh properties spanning 9.4 lakh acres across India with an estimated value of 1.2 lakh crores. India has the largest waqf holding in the World. Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways. There are 356,051 Waqf Estates registered under Waqf Board. There are 872,328 immovable properties and 16,713 movable properties registered under Waqf Board.

What are the issues concerning Waqf Board?

As per the central government, the major issues highlighted by the stakeholders are of limited diversity in constitution of Waqf Board and Central Waqf Council, misuse of power by Mutawallis, non-maintenance of proper accounts of properties by Mutawallis, lack of effective coordination with local revenue authorities, issues of removal of encroachments, registration and declaration of title of Waqf properties, sweeping power to Waqf Boards for claiming properties resulting in disputes and litigation, non-applicability of Limitation Act resulting in creating disharmony among the communities, Low and negligible income from Waqf properties etc.

Key changes in the new Act

Formation of Waqf: The amended Act allows Waqf to be formed by: (i) declaration, (ii) recognition based on long-term use (waqf by user), or (iii) endowment when the line of succession ends (waqf-alal-aulad). The Bill states that only a person practicing Islam for at least five years may declare a waqf. It clarifies that the person must own the property being declared. It removes waqf by user, where properties could be deemed as waqf based solely on prolonged use for religious purposes. It also adds that waqf-alal-aulad must not result in denial of inheritance rights to the donor’s heir including women heirs.

Government property as Waqf: The law stated that any government property identified as waqf will cease to be so. The Collector of the area will determine ownership in case of uncertainty, and submit a report to the state government. If deemed a government property, he will update the revenue records.

Power to determine if a property is waqf: The Act empowers the Waqf Board to inquire and determine if a property is waqf. The Bill removes this provision.

Survey of waqf: The Act provides for appointment of a Survey Commissioner and additional commissioners to survey waqf. The Bill instead empowers Collectors to do the survey. Pending surveys will be conducted as per the state revenue laws.

Central Waqf Council: The Act constitutes the Central Waqf Council to advise the central and state governments and Waqf Boards. The Union Minister in-charge of Waqf is the ex-officio chairperson of the Council. The Act requires that all Council members be Muslims, and at least two must be women. The Bill instead provides that two members must be non-Muslims. MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims. The following members must be Muslims: representatives of Muslim organisations, scholars in Islamic law, and chairpersons of Waqf Boards.

Waqf Boards: The Act provides for election of up to two members each from electoral colleges of Muslim: (i) MPs, (ii) MLAs and MLCs, and (iii) Bar Council members, from the state to the Board. The Bill instead empowers the state government to nominate one person from each of the above background to the Board. They need not be Muslims. It adds that the Board must have: (i) two non-Muslim members. and (ii) at least one member each from Shias, Sunnis, and Backward classes of Muslims. It must also have one member each from Bohra and Agakhani communities if they have waqf in the state. The Act provides that at least two members must be women. The Bill states that two Muslim members must be women.

Composition of Tribunals: The Act requires states to constitute Tribunals to address disputes over waqf. The Chairman of these Tribunals must be a Judge of the rank equivalent to a Class-1, District, Sessions, or Civil Judge. Other members include: (i) a state officer equal to an Additional District Magistrate, and (ii) a person knowledgeable in Muslim law and jurisprudence. The Bill removes the latter from the Tribunal. It instead provides the following as members: (i) a current or former District Court judge as its chairman, and (ii) a current or former officer of the rank joint secretary to the state government.

Appeal on orders of Tribunals: Under the Act, decisions of the Tribunal are final and appeals against its decisions in Courts are prohibited. The High Court can consider matters on its own accord, on an application by the Board, or an aggrieved party. The Bill omits provisions deeming finality to Tribunal’s decisions. Tribunal’s orders may be appealed in the High Court within 90 days.

Powers of the Central Government: The Bill empowers the central government to make rules regarding: (i) registration, (ii) publication of accounts of waqf, and (iii) publication of proceedings of waqf Boards. Under the Act, state government may get the accounts of waqfs audited at any point. The Bill empowers the central government to get these audited by the CAG or a designated officer.

Why Muslim leaders opposed the Bill?

The proposed changes to the Waqf Act sparked concerns among Muslim leaders and communities, as they feared the new law may impact historical mosques, dargahs, and graveyards, which have been used by Muslims for generations.

Many of these properties lack legal documentation, having been donated orally or without records. The changes could limit Muslim control over waqf properties and undermine the powers of waqf boards. Critics worry that the inclusion of non-Muslims on waqf boards and the re-establishment of property status could erode community autonomy.