The Waqf (Amendment) Bill, 2025

 

The Waqf (Amendment) Bill, 2025

Waqf: This Arabic-derived phrase refers to the "permanent dedication" of property for philanthropic or religious reasons.

The Waqf Board is in charge of overseeing and managing waqf properties.

Functions:

• Managing and safeguarding waqf assets are among the board's primary duties.
• Ensuring that waqf money is used appropriately and for the intended purpose.
• Directing the upkeep and restoration of waqf properties.
• Settling disagreements about waqf property.

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In India, the Waqf (Amendment) Act, 2025, has sparked intense legal and political discussions. Critics contend that the modifications violate the Muslim community's property and religious rights, despite the government's claims that the amendments are intended to improve openness

And efficiency in the admin of Walf properties.

Important Aspects of the 2025 Waqf (Amendment) Act

1. Redefinition of Waqf Dedication: According to the Act, property can only be dedicated as Waqf by those who have been Muslims for at least five years. This raises questions regarding inclusion and religious freedom because it replaces the previous clause that let anyone to make such a commitment. 

2. District Collector Empowerment: The amendment gives district collectors the right to decide if a property is Waqf.  The move from Waqf Boards to government-appointed representatives, according to critics, may result in abuse and political meddling. 

 3. Inclusion of Non-Muslim Members in Waqf Boards: The Act includes a clause allowing non-Muslims to serve on Waqf Boards, a move that has drawn criticism for perhaps compromising these organizations' religious autonomy. ([Wikipedia][3]) 

 4. 'Waqf by User' is removed Recognition: Many historical sites without official documentation may be impacted by the amendment's removal of the recognition of properties created as Waqf through customary usage. ([[Indian Times][4]?)

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Government's Justification 

The central government defends the amendments as necessary for:([The Times of India][2]) 

Enhancing Transparency: By digitizing records and streamlining management processes to prevent misuse of Waqf properties . 

Preventing Unauthorized Claims: Ensuring that only legitimate claims are recognized, thereby protecting public and private lands from being wrongfully designated as Waqf.

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Opposition and Civil Society Concerns: 

Opposition parties, legal experts, and civil society groups have raised several concerns:

 

1. Erosion of Minority Rights: The Act is perceived as infringing upon the constitutional rights of Muslims to manage their religious endowments autonomously.

 

2. Potential for State Overreach: Granting administrative officials authority over Waqf properties could lead to arbitrary decisions and politicization of religious assets. Undermining Religious Practices: The removal of 'Waqf by User' recognition may disregard longstanding religious practices and historical endowments lacking formal documentation.

 

3. There are some lands or properties owned by the Waqf Board that is occupied by the State or Central Government or transferred without knowledge of Waqf Board, to the private owners or builders, forcefully.

Legal Challenges and Protests: 

The Act has been challenged in the Supreme Court, with petitioners arguing that it facilitates a non-judicial takeover of Waqf properties and undermines legal oversight . Prominent lawyer Kapil Sibal contended that the law is designed to strip Muslims of their religious rights over Waqf .

 

Nationwide protests have erupted, with organizations like the All India Muslim Personal Law Board (AIMPLB) and political parties such as the Congress expressing strong opposition. In Murshidabad, West Bengal, protests turned violent, resulting in fatalities and prompting the deployment of central forces.

  

Conclusion:

 

The Waqf (Amendment) Act, 2025, represents a significant shift in the management of religious endowments in India. While the government emphasizes administrative efficiency and transparency, critics view the amendments as a threat to the religious autonomy and rights of the Muslim community. The Supreme Court's forthcoming judgment will be pivotal in determining the balance between state oversight and minority rights in the context of religious endowments. 

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Petitioners on 21.05.2025, referred to the new law as a "creeping acquisition" of waqf properties owned by the Muslim community, India's largest religious minority group, in response to the Supreme Court's ruling that a parliamentary statute such as the Waqf (Amendment) Act, 2025 enjoys a presumption of constitutionality. 

To catch waqfs, the 2025 amendments are a charade.  Through a legislative decree, the government can purchase property without having to pay compensation, which is customary in acquisition situations.  Senior counsel Kapil Sibal said that these revisions "blatantly violate the rights of a minority community under Article 25 (freedom of religion)." 

To catch waqfs, the 2025 amendments are a charade. Through a legislative decree, the government can purchase property without having to pay compensation, which is customary in acquisition situations. The rights of a minority population under Article 25 (freedom of religion) are clearly violated by these revisions, according to senior counsel Kapil Sibal.

Mr. Sibal pointed out that Section 3C of the 2025 Act allowed any intruder to initiate a dispute. A appointed officer—a government employee or "agent of the government"—would investigate the disagreement. 

He also mentioned how the inclusion of non-Muslims in waqf administrative organizations results in the "subordination" of Muslim members.  He drew attention to the fact that neither Sikh nor Hindu endowments permitted members of other religions to operate their gurudwaras or temples.

Senior counsel A.M. Singhvi contended that the protection granted to religious waqfs under the Places of Worship Act, 1991, would be impacted by the "superimposition" of ancient monument legislation on them.

Additionally, he made errors in the Center's affidavit that cited the exponential growth of waqf properties. He said that it was because the website, which had only been made in 2013, had been updated.

An attorney from Chennai has petitioned the Supreme Court to get involved in the current hearing on cases contesting the constitutionality of the Waqf (Amendment) Act, 2025.

In his intervention plea, advocate H. Mohamed Ismail defended the controversial law. According to him, waqf is fundamentally secular and not limited to religious uses as it is conceived in the Holy Quran and Hadith.