Waqf Bill 2025 - A Comparative Analysis

Would you have known the term Waqf? Or perhaps, you would like to know what the entire fuss is all about in India concerning Waqf. Simply put, Waqf is defined as the uninterrupted opposition of property- typically by a Muslim- for such purposes as religious worship, charity, and other useful endowment purposes for the community. Things such as mosques, graveyards, schools, hospitals, and others are thus meant to be enjoyed by all people forever.

Thus, it can profile, Waqf is of vast historical and cultural importance to India. Indeed, it enjoys one of the largest Waqf estates in the world, but effective management of these has not always been smooth sailing. Some typical problems that have always troubled the system include illegal encroachments and mismanagement and poor record-keeping.

Realizing the immediate need for change, soon, the Government of India went ahead to introduce the Waqf Bill 2025. What would it do? It would enhance governance, and engender transparency through digitization as well as pave the way for Waqf properties to be protected from external commercialities.

And now, it becomes official that Waqf Bill 2025 became law when Parliament passed it into law on April 4, 2025. This marks a critical point along the journey of modernizing India's legal structure regarding the Waqf Administration.

Within this article, therefore, we will walk you through the major facts that the new law introduces and compare them with the previous Waqf Act of 1995 as well as how India's acts stack up with model governance of Waqfs in other countries. Whether your background is legal, based in a community, or just interested in law-you will find everything here.

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Background Of Waqf Legislation In India

The Waqf Act 2025 has to be historically understood from the perspective of how it relates with legal recognition and management of Waqf in India through years.

The Waqf Under Islamic Law

Waqf means the woeful dedication of property by a Muslim, legally defined in the Jurisprudences of Islam as for all times, for religious or charitable purposes. A property converted to Waqf is held in trust for the benefit of the society—most often by being managed and controlled by individuals who may be called its managers, secretaries, managing and supervisory committees, etc—in that, no sale, transfer, or inheritance would be done in such a property. The income generated from such properties is often used to serve the community in terms of mosques, madrasas, graveyards, orphanages, or community kitchens.

Earliest Regulation of Waqf in India

There was no centralised law for Waqf during the British colonial pattern of rule. The first reference to the creation of judicial recognition of Waqf in India came with the passing of the Muslim Waqf Validating Acts of 1913 and 1930.

Legal Framework After Independence

• The Waqf Act, 1954
  This Act was enacted to decentralise management of Waqf properties into state-level Waqf Boards. There was, however, no central authority and hence all attempts to prevent abuse were unsuccessful.
• The Waqf Act, 1995
  This Act was intended as a comprehensive replacement of the 1954 Act and sought to standardize the uptake of Waqf across the states and, in particular, to establish the Central Waqf Council with strengthened powers for the State Waqf Boards. Specific provisions include property registration, audit, and protection from encroachments.
• Amendment in 2013
  The transformation of the 1995 Act with a more stringent penalty for encroachment, making registration of Waqf property compulsory and curtailing the facilities available for better coordination between Central Waqf Council and State Boards was mainly incorporated through this amendment in 2013.

Why It Was Necessary to Reform

But despite this, several problems at the ground level remained: no digitized records, poor monitoring, and widespread encroachment upon Waqf land. These two major problems served as the basis to write the Waqf Bill 2025 into action to create long-overdue structural reforms.

Highlights Of The Waqf Act 2025

The Waqf Act, 2025, amended and passed by Parliament, introduces reforms more or less in all aspects with a view to increasing transparency, accountability, inclusivity, and efficient management of Waqf properties. These reforms are based on the recommendations of the Joint Committee on the Waqf Amendment Bill, 2024. Some salient features are:

Trusts Are Separate from Waqf

Muslim trusts under other laws are not deemed Waqf ipso facto, which allows total freedom in the management of privately held trusts.

Tech-Management

Digital land records, GIS mapping, and central online portals would automate registration, audits, donations, and litigation tracking, thereby ensuring the Waqf's transparency and scientific management.

Central Waqf Portal to Be Set Up

Mutawallis would upload information about all Waqf properties to a central digital portal within six months, ensuring real-time monitoring and access.

Regulation of Property Donations Made Stronger

Only such properties can now be dedicated to Waqf by practicing Muslims for at least five years, returning to pre-2013 antecedence and curbing any potential misuse.

'Waqf by User' Protection of Properties

A property currently in force and under registration is protected from being auctioned unless legally contested or proved to be government land, potentially affecting over 4 lakh of such properties across India.

Women’s Rights in Family Waqfs

Dedication of any Waqf must take place only after the due share in the inheritance of women, especially widows, divorcees, and orphans, who have a claim on it has been received. In other words, the Waqf should be dedicated after giving women their full share as inheritance.

Government Lands Are Legally Protected

Waqf claims over government land will now be investigated only by an officer of the rank above Collector. This is intended to prevent false claims to Waqf over public or heritage property.

Elimination of Arbitrary Powers (Exclusion of Section 40)

The Act through an omission has deleted Section 40 allowing unilateral declarations on properties into Waqf by Waqf Boards thus preventing instances of declaration of entire villages or municipal lands as Waqf properties erroneously.

Inclusive Representation in Waqf Boards

The inclusion of two non-Muslim members and representatives from different sects (Shia, Sunni, Bohra, Agakhani) in Waqf boards ensures diversity and engenders wider accountability.

Waqf Tribunal Reforms

The reforms provided for regulated selection and fixed tenures for tribunal members, established provisions for appeal, and allowed High Courts to hear disputes within 90 days. Presently, more than 21,000 cases await hearing.

Audit and Accountability Measures

The annual audit of Waqf Institutions is to be conducted by the State if the income earned crosses ₹ 1 lakh annually. The Audit Report will be put on public domain online.

Application of Limitation Act, 1963

The Limitation Act kicks in on Waqf property matters to avoid prolonging such litigation and keep actions within reasonable limits.

Reduction in Annual Contribution

The annual contribution of Waqf institutions to Waqf Boards has been reduced from 7 percent to 5 percent, thus allowing the utilization of more money toward charitable and religious purposes.

Comparison Table: Waqf Act 1995 vs. Waqf Act 2025

The Waqf Act has undergone significant transformations from its inception in 1995 to its amendment in 2025. The following comparison highlights the key differences between the Waqf Act of 1995 and the amended Waqf Act of 2025:​

Legal And Social Implications

The enacting of the Waqf Act of 2025 is a reformative adjustment, which would not only touch upon the administrative mechanisms of Waqf governance, but also into a larger landscape of real law and social issues: community rights, state intervention, religious autonomy, and constitutional safeguards.

Legal Empowerment to Waqf Boards

The Act enhances the legal powers of both the Central and State Waqf Boards. It has established a Waqf Board's express power to administer, regulate, and protect the Waqf properties in a far more precise manner with some key oversight mechanisms through digital technology. Major strengthening factors also include structured appointments of tribunal members, digital documentation, and a centralized grievance redressal system, lending credibility to their institutions as well as functional independence.

Protection of Waqf Land from Illegal Transfers and Re-Encroachments

With the exclusion of arbitrary powers, mainly Section 40, and the newly instituted requirement for all Waqf claims over government land to be redressed by senior officials, the Act bespeaks of stringent possible safeguards against fraudulent or politically motivated encroachments. All Waqf land will have digital registration and GIS mapping integrated into the system to ensure transparency with traceable land records to thwart illegal land transfers and use.

Improved Governance of Muslim Religious and Charitable Properties

The use of technology, to Introduction of audit norms, and ensuring representation of various sects and women in the governance of Waqf will possibly bring greater accountability and representation to the management of religious and charitable properties. That, in turn, could well facilitate the effective use of Waqf assets for the good of the public, education, health, and religious purposes in the Muslim community.

Civil Rights Groups Expressing Concern about Possible State Interference

Yet, civil rights groups and minority representatives are contrasting this perceived trend toward staying the course of progressive changes with fears of state overreach from civil rights groups. The non-Muslim membership in the Waqf Boards contended to promote transparency has been termed by others to be interfering with the autonomy of the religious institution. The other area of interference concerns the government debating the ownership of Waqf lands in dispute, especially those with no formal documentation, which have elicited fears of arbitrary denial and extinction of the community property claim.

Possibility of Judicial Review/Constitutional Challenge

In view of the sensitive nature of Waqf properties predominantly involved in disputes against public institutions or in use for centuries for religious purposes, parts of the Act may attract judicial inquiry. The removal of Section 40 works against curbing arbitrary claims, but in many ways, it would make it easier for the Waqf Boards to resist claims on lands that have been traditionally functioning as Waqf but are either undocumented or poorly documented. Furthermore, the stipulation permitting only practicing Muslims with a minimum of five years to endow property to Waqf may raise constitutional queries about the freedom of religion.

Case laws

A few lines of various case laws pertaining to Waqf property disputes have been noted, focusing on principal legal challenges concerning claims of ownership and jurisdiction over property management that would help understand as to what the courts have interpreted and executed in Waqf law with respect to India.

1. H.P. Wakf Board vs. Sudarshan Kumar and Others on 31 October 2023; This was a case whereby Himachal Pradesh Wakf Board was the plaintiff seeking a decree for a permanent prohibitory injunction against Sudarshan Kumar, alleging that he had carried out unauthorized construction on Waqf property. The defendants argued that they carried out the subject construction with the consent of the Wakf Board and that it had remained there for more than 25 years. The trial court dismissed the suit, saying that the evidence produced by the Wakf Board was not sufficient to show that its claims were rightful. The appellate court upheld this conclusion and stressed that the Wakf Board must provide sufficiently conspicuous evidence regarding land consideration when launching an assertion on property.

How the Waqf Act, 2025 Helps: The Act mandates complete digital documentation and GIS mapping of all Waqf properties. This ensures proper formulation and proper recording, thus curbing disputes emanating from non-descriptive properties. The Act also provides for strict verification before the filing of any lawsuits, thus ensuring that the claims of encroachment are founded on serious evidence. I hope these policies will go a long way to stop prolonged cases due to single documentation and ensure Waqf property maintenance.

2. Maharashtra State Board Of Wakfs vs. Shaikh Yusuf Bhai Chawla, October 20, 2022:The Maharashtra State Board of Wakfs was trying to reclaim an allegedly Waqf property from Shaikh Yusuf Bhai Chawla. The dispute was as to whether the property in question really was Waqf property and what jurisdiction should apply for disputes of this nature. The Supreme Court reiterated the necessity to adhere to the procedures instituted by the Waqf Act for the purposes of determining the status of disputed property and further made a declaration that Waqf Tribunals are to have exclusive jurisdiction in this matter.

How the Waqf Act, 2025 Helps: The Waqf Act, 2025 affirms the exclusive jurisdiction of Waqf Tribunals in handling disputes arising from Waqf properties; this Act elaborates procedures for ascertaining the status of properties and demands total digitization and GIS mapping of all allocated wakf properties. Such preparedness is geared towards ensuring that there are exact records that promote transparency in adjudication and eliminate jurisdictional states of ambiguity that hinder timely resolution of disputes.

3. Anis Fatma Begum vs. Debasish Ghosh & Ors (21 May, 2024) ; She has evicted tenant Debasish Ghosh from the premises, claiming to be Waqf. The defence is based on the jurisdictional challenge of bar under the specific tenancy laws, denying applicability of proceedings to the Waqf Tribunal. Calcutta High Court has examined the contention on applicability of Waqf Act vis-a-vis state tenancy laws and held that the Waqf Tribunal has jurisdiction to handle eviction matters concerning Waqf properties.

How might the Waqf Act, 2025, redefine everything:The clarity and expanse of jurisdiction with regard to eviction matters concerning Waqf properties will be greatly enhanced by the Waqf Act, 2025, itself. The provisions of the Act establishing the jurisdiction of Waqf Tribunals vis-a-vis other tenure laws ensure that disputes reach the proper forum and decrease legal ambiguity while expediting resolution.

These types of cases give a clear idea of the difficulties in disputes over Waqf property and demonstrate how Waqf Act, 2025, attempts to remedy this through jurisdictional clarity, systematic documentation, and simplified adjudication.

Conclusion

Up to the Waqf Act, of 2025, the history of progress of Waqf law in India is a milestone towards modernization and protective framework development for one of the most culturally and religiously significant entities in the country. What underlies the Waqf, as it is understood in principle, is welfare and charity, and therefore, it has always from centuries been prone to violations, including encroachment and bad governance, plus the always vague nature of jurisdiction because of outdated record systems.

These are new reforms that give clarity, structure, and transparency to governance in Waqf. With IT integration, rights of women, tight accountability mechanisms, and representation on the Board, the Act is now designed to restore public trust in Waqf institutions and preserve properties for future generations.

Such changes in law create the necessary platform for debate on how much autonomy a community is to be allowed to maintain in regulation of its internal affairs vis-a-vis state scrutiny, and also on due process by which fair treatment is ensured and violation of freedoms of religious beliefs is avoided. Real-life case laws, as they are evolving, will continue to play an important role in actuality in shaping the future of Waqf administration.

The success of the Waqf Act, of 2025, cannot be viewed merely as a legislative intent but must be followed by real good implementation of the law on ground-the law having to mediate between tradition and transparency, belief and fairness.

FAQs

The following list of questions is generated frequently so that you may become familiarized with some of the primary aspects, ramifications, and deliberations regarding the Waqf Act 2025.

Q1. What is the Waqf Act 2025?

The Waqf Act of 2025 is a legislative reform introduced by the Indian Parliament to adopt changes with respect to modernization and reforms in Waqf management, administration, and protection. This act is built upon past Waqf laws but merges technology with improved governance structure and addresses long-raging issues like encroachment, mismanagement, and lack of transparency.

Q2. What changes have been made in the Waqf Act, of 1995?

Major changes introduced in Waqf ACT 2025 include:

• Digitization and GIS mapping of all Waqf properties have been made compulsory.
• Centralized registration, audit, and monitoring portal.
• Harsher dedication restrictions (for at least 5 years by practicing Muslims only).
• Protection of user-wise Waqf property.
• Inclusion of non-Muslim members on Waqf Boards.
• Removal of discretionary, arbitrary powers defined under section 40.
• More stringent mechanisms of AA and DR.

Q3. What is going to be the effect of the law on Waqf Boards and Mutawallis?

The effect of this law on Waqf Boards and Mutawallis is that it strengthens and makes Waqf Boards much more accountable. For example, now under the digital monitoring system, transparent audits, and an inclusive governance structure, these reforms bring more strength and accountability to Waqf Boards. Moreover, it requires Mutawallis (the custodians of Waqf properties) to register their property information onto the central reporting portal, which is going to be implemented in the next 6 months, which requires much more strict documentation and reporting. Therefore, this will enable better supervision and lessen the opportunities for mismanagement.

Q4. What penalties does the new Act provide for encroaching on Waqf properties?

Greater penalties will apply for illegal encroachment under the Waqf Act of 2025. People occupying or transferring Waqf properties without the governing body's permission will be evicted from the property and fined, along with being punished through imprisonment. Provisions for investigation concerning claims made by senior Waqf officials have been made, and speedy redressal mechanisms will be available through the Waqf Tribunals and High Courts for appeal.

Q5. Does the Waqf Act 2025 face any opposition?

Yes, civil rights organizations and minority representatives have expressed their concerns as well. The major high-neck issues raised are a fear of a government encroachment, inclusion of non-Muslim members in religious boards, and denial of claims pertaining to undocumented Waqf properties because of history. Thus, with this, it seems that the law is going to undergo judicial scrutiny, primarily on the grounds regarding constitutional freedom and religious autonomy.