The Waqf Framework in India: History, Reforms, and the Current Legislative Debate

Abstract

The Waqf (Amendment) Act, 2025 has made important changes to how waqf properties are looked after in India. It adds methods like using technology for records, setting up one online portal, stricter checking of accounts, and clearer rules about who can give property. It also removes Section 40 and says that only Muslims who have followed their religion for at least five years can give land or buildings as waqf. Non‑Muslim members can also be part of Waqf Boards. Supporters feel these moves will improve control and stop misuse. Many others feel these rules reduce community say, weaken the idea of “waqf by use,” and may go against basic rights. The Supreme Court is now studying the law, and its decision will guide waqf work in India.

Introduction

Waqf is not just a religious act, but a civil trust — meant to serve society across generations.   — Sir Syed Ahmad Khan Islamic traditions and rules form the basis of the idea of “Waqf”. It refers to a contribution made by a Muslim for religious or charitable purposes, such as building mosques, schools, hospitals, or other public services. A special feature of a waqf is that it is permanent — it cannot be sold, transferred, inherited, or burdened with claims. Therefore, once a property is taken away from the waqif, or the person who created the waqf, it is considered to belong to God, and according to Islamic belief, because God lives forever, the “waqf property” also remains forever. In Islamic law, property that is permanently offered in God’s name for religious or helpful purposes is called waqf.

On 4 April 2025, Parliament approved the Waqf (Amendment) Bill, 2025 [1]after long and careful discussions. Even now, the Bill continues to attract attention and debate because of the fresh rules it introduces—like recognizing  waqf by user, shifting certain powers, bringing in stronger steps to ensure clarity and responsibility, and allowing non‑Muslims to take part in certain areas of waqf management.

However, the Bill has raised doubts about its validity under the Constitution. Many say it affects the religious freedom and minority rights of Muslims and reduces their control over managing waqf properties. The government, on the other hand, claims that these changes are meant to help the wider community by ensuring better supervision and more effective use of waqf properties for public welfare.

The matter is now before the Supreme Court, which will decide whether the Waqf (Amendment) Act, 2025 [2]breaches the right of religious communities to manage their own affairs. The Court’s ruling will also determine how much power the Union government can hold over the administration of waqf properties.

Research Methodology

To prepare this article, I followed a qualitative method. I carefully read different sources to understand how the Waqf (Amendment) Act, 2025 works and how it affects people. I went through the Constitution of India to study Articles 14, 21, 25, 26 and 300A, which talk about equality, freedom of religion, and the right to property. I also checked official government websites, reports of the Joint Committee on Waqf, and data published on the WAMSI portal to get correct figures about waqf properties. Apart from these, I referred to books on waqf law and earlier amendments to see how the law has changed over time. Court updates and news reports were also studied to understand the ongoing case in the Supreme Court. All these readings helped me write this article in a clear and balanced manner.

The History and Reforms of Waqf Law in India

 Origins and Early Legal Measures ( Mughal Era to 1930 )

The idea of waqf in India goes back to the early days of the Delhi Sultanate, when rulers and important people put aside large pieces of land and income to help run mosques, dargahs, madrasas, and community kitchens. These gifts were often made without formal papers but still played a big part in keeping religious and social welfare activities alive. Over time, though, misuse and poor record‑keeping led to disputes and a steady loss of waqf property.

During the British period, a few early laws were passed to give these trusts some legal standing and a more organized system:

• Mussalman Wakf Validating Act, 1913: Allowed family waqfs and connected them to public purposes, though it did not work very well in practice.
• Mussalman  Wakf  Act, 1923: Brought in rules for keeping written records and sending reports, showing that there were already worries about mismanagement.
• Mussalman  Wakf  Validating Act, 1930[3]: Made the legal position of family waqfs clearer and stronger.

Even with these changes, they did not do much to stop misuse or to ensure proper care of waqf property.

The Waqf Act, 1954 – A National Framework[4]

After independence, the government aimed to bring waqf management under a single clear law. The Waqf Act, 1954 set up State Waqf Boards to supervise properties and required detailed surveys, though these surveys had to be funded from waqf income.

This Act also widened the meaning of waqf to include waqf alal aulad (family waqfs) and properties long used for religious purposes (waqf by user), such as old mosques or burial grounds, even without any formal document. Membership of these Boards was open to people from various communities and professions. However, disputes still went before regular courts, and there were no firm rules to prevent the sale or transfer of waqf property.

 The Waqf Act, 1995 – Stronger Control and New Structures[5]

Complaints about poor administration continued, leading to the Waqf Act of 1995, which replaced the earlier law and introduced tighter systems:

• Waqf Tribunals were set up to handle disputes quickly, with their rulings kept beyond the reach of civil courts.
• A new post of Chief Executive Officer (CEO) was introduced, who had to be Muslim and was tasked with day‑to‑day supervision of waqf matters.
• Mutawallis and other waqf managers were treated as public servants, giving them certain legal protections not extended to other faiths.
• Boards were given authority to classify some properties as waqf, handle properties left behind by those who migrated during Partition, and clear unauthorized occupants from waqf land.
• Any sale or lease required prior Board approval, and there was no time limit on filing waqf claims, which allowed very old disputes to be reopened.

The Waqf (Amendment) Act, 2013 – Expansions and New Concerns[6]

Following a Joint Parliamentary Committee review, the 2013 amendment brought far‑reaching changes that many view as giving Boards excessive authority:

• The definition of waqf was stretched further, even allowing non‑Muslims to dedicate land or property as waqf, a move criticized for creating uncertainty over ownership.
• Waqf Tribunals were restructured into three‑member panels, including a Muslim law expert, and given broader authority to decide on possession and unauthorized use.
• Each Board had to include two women members, but its overall makeup became largely Muslim, prompting doubts about fairness in disputes involving non‑Muslim parties.
• The cost of surveys was shifted to state funds, placing the burden on public money rather than on the endowment’s income.
• A new clause allowed “any affected person” to challenge waqf decisions, but non‑Muslims were given only a year to object.
• The Act was given priority over other laws, centralizing power in a way that critics say leaves little room for independent scrutiny.

Recent Proposals and Global Practices

The proposed Waqf (Amendment) Bill, 2025 and the Mussalman Wakf (Repeal) Bill, 2024 claim to simplify waqf governance and cut down on disputes. Yet, many observers argue these steps could increase state and Board control without actually resolving the long‑standing problems of inefficiency, overlapping claims, and lack of transparency.

Other countries offer useful reference points:

Turkey
In Turkey, waqfs played a key role in providing welfare, education, and building facilities during the Ottoman Empire. In 1923, all waqf affairs were brought under the General Directorate of Foundations. This authority now makes sure that waqf income is spent on public needs, mainly education and health. Turkey’s waqf model is now modern and secular, which sets it apart from many older systems in other countries.

Kuwait
In Kuwait, the Ministry of Awqaf and Islamic Affairs runs the waqf system. It oversees religious, educational, and social services that waqfs support. The ministry makes sure the money is used for charity. Kuwait’s system is very centralized, unlike India’s more scattered way of managing waqfs.

Indonesia
Indonesia’s waqf is run under Waqf Act No. 41 of 2004 and supervised by the Indonesia Waqf Board (BWI), which started in 2007. The system uses waqf funds to help economic and social growth, with a focus on digital tools and better administration. Central management helps improve oversight and openness.

Singapore
In Singapore, waqfs are managed under the Administration of Muslim Law Act by Majlis Ugama Islam Singapura (MUIS). MUIS takes care that waqf property is handled according to Islamic rules. The centralized system helps with smooth management and strict compliance.

Saudi Arabia

Saudi Arabia’s waqf is run by the General Authority for Awqaf (GAA), set up in 2016. This body reports directly to the Prime Minister and works on making waqf management more modern and organized, much like in the UAE.

Iraq
In Iraq, waqf administration is split between the Sunni Endowment Office and the Shiite Endowment Office, both created after 2003. Each manages its own community’s properties. Even though there are two offices, each works in a centralized way.

State/UT Waqf Boards-wise details of immovable Waqf properties registered on WAMSI portal[7]

Main Points of the Waqf (Amendment) Bill, 2024[8]

The Waqf (Amendment) Bill, 2024 brings many changes in how waqf properties will be handled. These changes were suggested by the Joint Committee on the Waqf Amendment Bill. The aim is to make the system fair, modern, and open. After long discussions, Parliament passed the Waqf (Amendment) Bill on 4 April 2025. These steps are meant to bring clarity, fairness, and better management to waqf properties in the country.

1. Trusts are not Waqf anymore

If a Muslim creates a trust under any other law, it will not be treated as waqf property. This means the person will have full control over that trust.

2. Use of modern technology

The management of waqf lands and buildings will now use technology so that records are clear and the process becomes faster and more honest.

3. One common online portal

A single online portal will be set up for everything—registering waqf properties, keeping accounts, audits, contributions, and even court cases related to waqf.

4. Who can give property to waqf

Only someone who has been a practicing Muslim for at least five years can dedicate property to waqf. This goes back to the old rule before 2013, when anyone could do it.

5. Protection for ‘Waqf by User’

Lands that people have been using as waqf for a long time will stay under waqf unless it is proved that the land belongs to the government. At present, out of 8.72 lakh waqf properties, about 4.02 lakh are in this category.

6. Women’s rights are protected

Before anyone gives property to waqf, women must first get their share of inheritance. Extra care is given for widows, divorced women, and orphans so their rights are not taken away.

7. Mutawallis must register details

The managers of waqf properties (mutawallis) must upload details of each property on the central portal within six months. This will make them more answerable.

8. Disputes over government land

If there is a claim that government land is waqf property, a senior officer higher than a Collector will check the facts.

• Reports say that 5,973 government properties were marked as waqf.
• ASI told the committee that 132 protected monuments were also declared as waqf.
• The Housing Ministry reported similar issues with some properties in Delhi.

9. Limitation Act will apply

The time limits given in the Limitation Act, 1963 will now apply to waqf disputes. This will stop cases from going on forever.

10. Audit for bigger waqf institutions

If a waqf earns more than 1 lakh in a year, it must get its accounts checked by an auditor chosen by the State Government.

11. No more random waqf claims

Section 40, which allowed Waqf Boards to simply declare any property as waqf, has been removed. This change will stop unfair claims, like declaring whole villages as waqf.

Key Debates and Concerns Raised About the Waqf (Amendment) Bill[9]

While the Bill brings several reforms, many people and organizations have raised serious objections. Below are the main issues that have come up in the debate:

• More Government Control

Many critics feel that the new law gives too much power to the government in matters of waqf. Now, government officials will have a bigger role in deciding whether a property is waqf or not. This reduces the independence that Waqf Boards enjoyed earlier.

• Power Shift After Removing Section 40

Earlier, the Waqf Boards themselves could decide if a property belonged to waqf. Now, after Section 40 has been removed, that power will rest with senior government officers like the Collector. Many people feel this change takes away decision‑making from the community and places it in the hands of officials, which might not always be fair.

• Reduced Muslim Representation

Another concern is that non‑Muslim officials can now be part of Waqf Boards. Many believe this goes against Article 26 of the Constitution, which gives every religious community the right to manage its own religious affairs.

• Confusion Over “Practising Muslim”

The Bill says that only a practising Muslim for at least five years can dedicate property as waqf. But it never explains what exactly counts as a “practising Muslim.” This unclear definition could lead to many court cases and disagreements among scholars.

• Fear of Losing ‘Waqf by User’ Properties

The idea of “waqf by user,” where a place becomes waqf because it has been used for religious purposes for a long time, is being weakened. There is concern that many historically used sites may lose their recognition as waqf under the new rule.

• Possible Violation of Basic Rights

Community members feel that a some rules in this Bill clash with basic rights given by the Constitution Art 14 , 25, 21,and 300A[10]—like the right to equality, the right to follow one’s religion, the right to live with dignity, and the right to own property. They worry that these changes might harm people instead of protecting them.

In short, while the Bill aims to make waqf management more transparent, these issues have sparked a strong debate about whether it limits community rights and gives too much power to the government.

Case Law

In Re: Constitutionality of the Waqf (Amendment) Act, 2025[11]

This case questions whether the Waqf (Amendment) Act, 2025 is in line with the Constitution. The Act increases the Union government’s control over waqf properties. It removes the idea of “waqf by user,” requires that only Muslims who have followed Islam for at least five years can create a waqf, and permits non‑Muslim members to be part of Waqf Boards. Critics say these changes violate Articles 25 and 26 by limiting religious freedom and the community’s right to manage its own affairs. More than 65 petitions have been filed, including by AIMIM leader Asaduddin Owaisi and several civil rights groups. At the same time, six BJP‑ruled states have supported the law.

The Supreme Court first took up the case in April 2025 and gave temporary protection, such as stopping the process of removing existing waqf status or bringing in new board members. Chief Justice Sanjiv Khanna stepped aside before his retirement, and the case was handed over to a new bench led by the next Chief Justice, B.R. Gavai. The matter is still ongoing, with key hearings continuing from May 2025.

Suggestions

The Waqf (Amendment) Act, 2025 is now before the Supreme Court, and we are still waiting for its decision on whether the law is valid or not. Since the Supreme Court protects our basic rights, we should wait patiently for what it decides and accept whatever order it gives. The Court’s decision will show us the way forward, and following it is important for keeping the rule of law.

At the same time, the government must make sure that no community feels picked out or treated wrongly. Any changes in waqf rules should follow the principles of fairness, justice, and respect so that the rights promised by our Constitution stay safe.

Proper control of waqf properties is needed, but it should never reduce religious freedom or the rights of minorities. A fair and balanced way—one that cares for the public good and keeps the trust of the people—will help keep peace. In the end, what matters most is that the law is followed, everyone’s rights are safe, and peace and brotherhood grow while waqf properties continue to help society as they were always meant to do.

Conclusion

The Waqf (Amendment) Act, 2025 has started a big talk on religion, people’s rights, and proper use of these properties. The law aims to bring better control and clear records, but many fear it may lessen community say and affect basic rights. The matter is now before the Supreme Court, which will show us what should be done. For now, it is important that every move shows fairness and does not harm any group.

Real progress will come only when the law is obeyed and peace stays strong. The government must see that no group feels left out or badly treated. Waqf lands are meant to help people for many years, and any change should keep this idea alive. If done with care and fairness, these changes can build a system that is open, strong, and truly helps society while keeping harmony among all.

Constitutional Provisions
India Const. arts. 14, 21, 25 & 300A.

Statutes and Official Documents
The Waqf Act, 1995, No. 43 of 1995 (India), https://www.indiacode.nic.in/bitstream/123456789/18918/1/the_waqf_act_1995.pdf (July 22, 2025).

Government Websites and Reports
Cent. Waqf Council, Gov’t of India, Central Waqf Council, https://centralwaqfcouncil.gov.in/ (July 22, 2025).

Ministry of Minority Affs., Gov’t of India, Waqf, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/show_content.php?lang=1&level=2&ls_id=936&lid=1163 (July 22, 2025).

Ministry of Minority Affs., Gov’t of India, Central Waqf Council, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/show_content.php?lang=1&level=2&ls_id=320&lid=253 (July 22, 2025).

Ministry of Minority Affs., Gov’t of India, Annual Report 2023–24, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1743661419.pdf (July 22, 2025).

Press Info. Bureau, Gov’t of India, Cabinet Approves the Waqf (Amendment) Bill, 2024, Press Info. Bureau (July 10, 2024), https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2118415 (July 22, 2025).

Press Info. Bureau, Gov’t of India, Cabinet Approves Establishment of National Waqf Development Corporation Limited (NAWADCO), Press Info. Bureau (July 10, 2024), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2118261 (July 22, 2025).

Waqf Assets Mgmt. Sys. of India, Total Registered Properties Dashboard, WAMSI, https://wamsi.nic.in/wamsi/dashBoardAction.do?method=totalRegisteredProp (July 22, 2025).

Cases and Commentary
In re: Waqf (Amendment) Act, 2025, W.P.(C) No. 269/2025 (S.C. filed Apr. 4, 2025), Constitutionality of the Waqf (Amendment) Act, 2025, Supreme Court Observer (last updated July 15, 2025), https://www.scobserver.in/cases/constitutionality-of-the-waqf-amendment-act-2025-asaduddin-owaisi-v-union-of-india/ (July 22, 2025).

• Venkatesan, Waqf Law: 10 Key Objections of Petitioners and Union’s Responses, Supreme Court Observer (Apr. 26, 2025), https://www.scobserver.in/journal/waqf-law-10-key-objections-of-petitioners-and-unions-responses/ (July 22, 2025).

Reference(S):

[1] Ministry of Minority Affs., Gov’t of India, Waqf, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/show_content.php?lang=1&level=2&ls_id=936&lid=1163 (July 20, 2025).

[2] Constitutionality of the Waqf (Amendment) Act, 2025, In re: Waqf (Amendment) Act, 2025, Supreme Court Observer (July 15, 2025), https://www.scobserver.in/cases/constitutionality-of-the-waqf-amendment-act-2025-asaduddin-owaisi-v-union-of-india/ (last visited July 20, 2025).

[3] Press Info. Bureau, Gov’t of India, Cabinet Approves the Waqf (Amendment) Bill, 2024, Press Info. Bureau (July 10, 2024), https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2118415 (last visited July 20, 2025).

[4] Cent. Waqf Council, Gov’t of India, Central Waqf Council, https://centralwaqfcouncil.gov.in/ (last visited July 21, 2025).

[5] The Waqf Act, 1995, No. 43 of 1995, § __ (India), https://www.indiacode.nic.in/bitstream/123456789/18918/1/the_waqf_act_1995.pdf (last visited July 22, 2025).

[6] Ministry of Minority Affs., Gov’t of India, Central Waqf Council, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/show_content.php?lang=1&level=2&ls_id=320&lid=253 (last visited July 22, 2025).

[7] Waqf Assets Mgmt. Sys. of India, Total Registered Properties Dashboard, WAMSI, https://wamsi.nic.in/wamsi/dashBoardAction.do?method=totalRegisteredProp (last visited July 22, 2025).

[8] Ministry of Minority Affs., Gov’t of India, Annual Report 2023–24, Ministry of Minority Affs., https://www.minorityaffairs.gov.in/WriteReadData/RTF1984/1743661419.pdf (last visited July 22, 2025).

[9] V. Venkatesan, Waqf Law: 10 Key Objections of Petitioners and Union’s Responses, Supreme Court Observer (Apr. 26, 2025), https://www.scobserver.in/journal/waqf-law-10-key-objections-of-petitioners-and-unions-responses/ (last visited July 22, 2025).

[10] India Const. arts. 14, 21, 25 & 300A.

[11]  In re: Waqf (Amendment) Act, 2025, W.P.(C) No. 269/2025 (S.C. filed Apr. 4, 2025), Constitutionality of the Waqf (Amendment) Act, 2025, Supreme Court Observer (last updated July 15, 2025), https://www.scobserver.in/cases/constitutionality-of-the-waqf-amendment-act-2025-asaduddin-owaisi-v-union-of-india/ (last visited July 22, 2025).