The Waqf (Amendment) Bill, 2025 introduces key reforms in the management of waqf properties, which are assets dedicated to religious or charitable purposes in Islam. This bill amends the Waqf Act, 1995, to enhance transparency, prevent misuse, and introduce inclusivity in waqf administration. Below is a comprehensive explanation of its provisions, implications, and controversies.
What is Waqf?
Waqf refers to an endowment made by Muslims for religious, charitable, or social welfare purposes. These properties, once dedicated, are permanently managed by a Waqf Board and cannot be sold, transferred, or inherited. Examples include:
- Mosques and madrasas
- Graveyards
- Schools, hospitals, and orphanages funded by waqf
Key Provisions of the Waqf (Amendment) Bill, 2025
A. Structural Reforms
- Inclusion of Non-Muslim Members in Waqf Boards
- The bill proposes the inclusion of non-Muslim representatives in central and state waqf boards to promote inclusivity and ensure secular governance of waqf properties.
- Abolition of ‘Waqf by User’
- Under previous laws, a property could be declared as waqf if it had been used for religious activities over time, even without formal documentation.
- The amendment removes this provision, requiring legal proof of waqf dedication.
- Verification of Waqf Declarations
- The District Collector must verify any declaration of property as waqf, ensuring proper documentation and legal scrutiny.
- Eligibility Criteria for Waqf Dedications
- Only individuals who have practiced Islam for at least five years can dedicate properties as waqf.
- Application of Limitation Act, 1963
- The Limitation Act, which sets time limits on property disputes, will now apply to waqf cases, reducing prolonged litigation over waqf properties.
- Protection of Scheduled Tribe Lands
- The bill prohibits the establishment of waqf on lands governed under Schedule V and VI of the Constitution, which are meant to protect tribal rights.
B. Financial and Administrative Reforms
- Mandatory Digital Records of Waqf Properties
- Waqf Boards are now required to digitize all records and upload them to a centralized database to prevent fraud and illegal encroachments.
- Auditing and Financial Accountability
- The bill mandates regular audits of waqf properties, ensuring better transparency and financial management.
- Restrictions on Selling or Leasing Waqf Land
- Waqf land cannot be sold or leased without strict government oversight, preventing land grabbing and misuse.
Government’s Justification for the Bill
The government argues that the amendments are necessary to:
- Curb corruption in waqf administration.
- Ensure legal clarity and protect property rights.
- Prevent unauthorized occupation of waqf lands.
- Make waqf boards more inclusive and transparent.
- Opposition and Criticism
The bill has sparked significant debate, with opposition coming from various quarters:
- Concerns over Minority Rights
- Critics argue that including non-Muslim members in Waqf Boards may interfere with the independence of Islamic institutions.
- Fear of Government Control
- Some believe the bill gives the government greater control over Muslim religious assets, potentially undermining community autonomy.
- Impact on Religious Sites
- Abolishing ‘Waqf by User’ could affect historical mosques and religious sites that lack proper documentation.
- Legal Complexities
- The introduction of eligibility criteria for waqf declarations could restrict the ability of individuals to donate properties for charitable Islamic purposes.
Broader Implications
Positive Outcomes
- Greater transparency in waqf management.
- Prevention of fraudulent waqf claims on disputed lands.
- Better financial oversight of waqf properties.
Potential Challenges
- Legal battles over waqf properties.
- Concerns about secular interference in religious matters.
- Conflicts between community and government authorities over property rights.
Conclusion
The Waqf (Amendment) Bill, 2025 is a significant reform that aims to modernize waqf governance, increase transparency, and prevent misuse of religious endowments. However, it has also led to concerns about government control, minority rights, and the future of historical waqf properties. As the bill progresses, its long-term impact on Muslim religious institutions and property rights will remain a subject of debate.