INTRODUCTION
Waqf is a concept in Islamic law that deals with the dedication of property by any person professing Islam, who shall be of sound mind and not be a minor, for a charitable and religious purpose. The postulation of waqf is an old tradition that provides them a means of sustenance to socially backwards and downtrodden Muslims and non-Muslim people. The blog intends to deeply analyse the Waqf Bill proposed by the government, also known as the Waqf (Amendment) Bill, 2025. The Waqf (Amendment) Bill, 2025, modernises the Waqf Act, 1995, and The Mussalman Wakf (Repeal) Bill, 2025, repeals the outdated Mussalman Wakf Act, 1923, which aims to fix management problems and ensure uniformity in the rules of Waqf Property.
WHAT IS WAQF?
It is an Arabic word, also known as Habs, which means “detention,” “to prevent,” or “to restrain.” It is a permanent dedication of movable and immovable property for any purpose recognised by Islamic law as Community service and a spiritual goal. This transfer can be either in writing or orally. The passing of the title of property is irrevocable; that is, “Once a Waqf, always a Waqf.”[1] The person donating the property is known as the Waqif.
In India, there are more than 30 State Waqf Boards, each responsible for managing the properties under their respective jurisdiction, determining land usage, and overseeing the income generated, while retaining 7% of the revenue.
The parties involved in the changing of ownership are as follows:
- Founder of Waqf: Any person who gives up property is known as a Waqif. [2]
- Manager of Waqf: – The person who takes care of the dedicated property is the Mutawalli.[3] also considered a servant of God and follows the direction of the waqif. He serves by appointment of the State Waqf Board.
The role and responsibility of a mutawalli are defined in the case of
Waqf Board v Abdul Azeez Sahib[4] It was held that mutawallis are not the owners but caretakers of waqf property.
HISTORY OF WAQF
The history can be traced down to the establishment of Islamic rule, strikingly with the Delhi Sultanate during the 13th century in India. The first instance of waqf property was seen when Mohammed of Ghor dedicated two villages in favour of the Jama Masjid of Multan. Several more instances of waqf transfers were noticed as the Delhi Sultanate flourished.
- British Rule and Legal Framework
In 1923, the Muslims of the Indian subcontinent wanted to clearly define waqf property, for which the British introduced the Waqf Act, 1923, which ensured the improvement and administration of waqf property.
- Waqf in Independent India
The State Waqf Board was established under the Waqf Act, 1954, to outline the property of waqf and strengthen the management of these properties after Independence. The Central Waqf Board was established in 1964 to supervise the Waqf Board and promote centralised management of Waqf. In addition to this, many amendments were made to the Waqf Act, and the Waqf Act of 1995 nullifies the Waqf Act,1954.
WAQF (AMENDMENT) BILL, 2025
Waqf (Amendment) Bill, 2025 focuses on fixing issues related to management and enhancing the efficiency of waqf. It also focused on the smooth functioning of the board and clarified the rules related to waqf. This bill was introduced on 8th August,2024, and went through severe criticism, which was later referred to the Joint Parliamentary Committee. The Committee collected opinions from the public, Experts, stakeholders, and different organisations, and received twenty-five recommendations that were added to the bill. The bill was passed on 4th April,2025, and received the president’s assent on 5th April, 2025.
The amendments in the bill, which was introduced on 8th August,2024, were highlighted by the Sachar Committee report. The Sachar committee was formed in 2005 exclusively to study the social, economic, and educational conditions of Muslims. They submitted a report in 2006 highlighting the major concerns on “status & potential of waqf property”
Key highlights [5] of the report are as follows:
- There were 4.9 Lakh properties registered as waqf.
- The total area of waqf was 6 lakh acres, the market value of which was Rs. 1.2 lakh crore, and the book value was Rs. 6 lakh crores, but the income generated is only Rs. 163 crores
- It mentioned poor income generation due to the underutilisation and mismanagement of waqf property.y
- The report scrutinizes whether these properties are managed properly, and they can contribute to the socio-economic educational development of the Muslim community and generate Rs. 12000 crores in income.
MAJOR CHANGES IN WAQF (AMENDMENT) BILL, 2025: A Comparative Study
- Dedication of property
The Waqf Act, 2013 specified the dedication of property by non-Muslims, whereas it was amended that only those persons can denote the property who are professing Islam for at least 5 years.
- Waqf by user
It was mentioned in an act that any property used for a longer time for religious and charitable purposes recognised by Muslims would be declared waqf. It was held, in the case of Syed Mohd Salie Labbai v Mohd. Hanifa[6]When a property is dedicated to religious purposes, it may be deemed as Waqf under Islamic jurisprudence.
At present, the property will only be considered as Waqf if there is any official documentation for the same.
- Government Land Amendment
According to the Sachar Committee Report[7]Various Government lands are acquired by the Waqf board, due to which major public infrastructure is held. [8]
As things stand, the district collector is empowered to verify the official record [9]or the proper record of waqf property. Where there is no historical or legal documentation to substantiate its designation, the property in question may not be considered Waqf.
- Survey
Aspect | WAQF ACT, 2013 | WAQF (AMENDMENT) BILL, 2025 |
Survey Authority | As per the provisions, the Survey Commissioner of Waqf was entrusted with the task of executing the property survey. | There was a shift of responsibility from the commissioner of waqf to the District Collector or an officer not below the rank of Deputy Collector. |
Survey Procedure | The Act specifies the procedure for the survey | The State Revenue laws would govern the survey procedure. |
Publication of Survey | Survey reports are transferred to the State Government and the State Waqf Board, and a list of waqfs is published in the official gazette. | Survey reports are transferred to the State Government and the State Waqf Board, and a list of waqfs is published in the official gazette on a centralised digital portal within 15 days. |
- Limitations and Waqf Tribunal
ASPECT | WAQF ACT, 2013 | WAQF (AMENDMENT) BILL, 2025 |
COMPOSITIOn | o There must be a chairman of a rank commensurate with a class 1 district[10], session, or civil judge. o A Muslim Law Expert o State Officer tantamount to an Additional District Magistrate | o A current or former District court judge as the chairman o The current or former officer of the rank of Joint Secretary to the state government |
FINALITY OF DECISION | o The Tribunal Decision is full and final, and the appeal against it, not to be entertained in the higher court. o The Higher court will only entertain the matter if there is any application to the board or by an aggrieved party. | The decision of the Waqf Tribunal can also be challenged in the Higher Court within 90 days. |
LIMITATION PERIOD | Objection to the listing of properties as a waqf could be raised within 1 year, according to this Act. | The objection period is extended and will be followed as per section 107 of the Limitation Act, 1963. |
- Inheritance Rights
The Act of 2013 stated that in the absence of any Male legal heirs, the property will be automatically dedicated to the waqf for religious purposes. The bill instead provides that the daughters can have a company.
Co-parcenary rights on the property under The Hindu Succession Act, 2005. [11]
CONCLUSION
The institution of Waqf has historically functioned as a cornerstone of socio-economic welfare in Islamic societies, sustaining religious, educational, and charitable activities through irrevocable donation. In India, however, despite its foundational role, the Waqf system has long faced issues of mismanagement and legal clarity.
The Waqf (Amendment) Bill, 2025, marks a pivotal legislative step toward modernising this framework. By aiming to enhance transparency, strengthen administrative processes, and protect waqf properties from unlawful encroachments.
If effectively implemented, these reforms have the potential to reform Waqf as a vehicle for improving the socio-economic condition of underprivileged Muslim communities. To achieve sustainable impact, Waqf in modern India must integrate robust legal protections, foster community engagement, and undergo ongoing administrative oversight.
Authors Name: Anshika Agarwal and Palak Chauhan (Ramaiah College of Law)
References:
[1] Syyed Ali and Ors. v Andhra Pradesh Waqf Board, Hyderabad and Ors., (1985) 2 SCC 642,10
[2] Farahan Ahmad Naqvi, “Waqf amendment act 2024- an explainer”[2024] <WAQF AMENDMENT ACT 2024 – AN EXPLAINER – People’s Union For Civil Liberties> accessed on 25th April,2025
[3] Farahan Ahmad Naqvi, “Waqf amendment act 2024- an explainer”[2024] <WAQF AMENDMENT ACT 2024 – AN EXPLAINER – People’s Union For Civil Liberties> accessed on 25th April,2025
[4] (1968) AIR Mad 79,82
[5] Sachar Committee, Social, economic, and educational status of the Muslim community in India, (850/0/C/05-Pol.)
[6] Syed Mohd Salie labbai v/s Mohd. Hanifa (1976 AIR 1569, 1976 SCR (3) 721, 1976 SCC (4) 780.
[7] Sachar Committee, Social, economic, and educational status of the Muslim community in India, (850/0/C/05-Pol.)
[8] Press information bureau, explainer on waqf amendment bill 2024 (Cm 2024), point 17
[9] Press information bureau, explainer on waqf amendment bill 2024 (Cm 2024), point 19
[10] Press information bureau, explainer on waqf amendment bill 2024 (Cm 2024) point 19
[11] Hindu succession act 2005, s6.
