Waqf Amendment Act, 2025: A Step Towards Transparency and Reform

Waqf is a term in Islamic law referring to a donation of property or assets forever for a charitable, religious, or social purpose. Once a property is designated as a Waqf, it may not be sold, transferred, or inherited by anyone. Waqf is a designation of donated assets for the benefit of the public, such as for mosques, madrasas, and hospitals, or the benefit of the needy.

The idea of Waqf dates back to early Islamic history, wherein individuals donated property for religious or charitable purposes for the benefit of society in perpetuity. In India, Waqf gained formal recognition during the Mughal period and again later by British rule with the enactment of the Mussalman Wakf Act of 1923. After independence, the Waqf Acts of 1954 and 1995 came to pass, which regulated and managed Waqf properties. Over a period of time, continued mismanagement prompted amendments, including reforms made in 2013. The last Waqf (Amendment) Act, 2025, represents a paradigm shift, enhancing transparency and reconstituting the definition of Waqf property, introducing digital management solutions, and expanding representation, marking the landmark in the modern governance of Waqf.

The Recent Changes: The Waqf (Amendment) Act, 2025, brings several significant changes aimed at modernising and streamlining the Waqf administration. One major change is the inclusion of at least two non-Muslim members in Waqf Boards and Councils, with the possibility of a non-Muslim majority. The Act has also been renamed as the Unified Waqf Management, Empowerment, Efficiency and Development (UWMEED) Act. It officially repeals the Mussalman Wakf Act of 1923. Importantly, the concept of ‘Waqf by user’ has been removed — now, only properties clearly declared as Waqf by a Muslim (who has practiced for over five years and owns the property) are valid. The authority to conduct Waqf property surveys has shifted from the Survey Commissioner to the District Collector or an appointed official.

Additionally, the Act allows for separate Waqf Boards for the Bohra and Agakhani communities. A centralised Waqf portal will be introduced for better property management and registration. Finally, the amendment permits appeals against Waqf Tribunal decisions in the High Court within 90 days.

Shreya Sharma, Founder, and Chief Executive Officer of Rest The Case, shares her views on the Waqf (Amendment) Act, 2025: She welcomes the Waqf (Amendment) Act, 2025, as a much-needed progressive reform. The Act includes non-Muslim members, moving towards a digital and centralised management structure and clearer definitions of Waqf properties to improve transparency, efficiency, and accountability. The Act indicates a modern and inclusive approach to the governance of religious property, and she sees this as a positive step toward protecting public interest and donor intent.