This article has been written by Mansa Shrivastva a 2nd-year BALLB student at IILM University, Greater Noida.
Introduction
“The Waqf Act, of 1995” was significantly revised by the Waqf (Amendment) Bill, 2024, which is now the “Waqf (Amendment) Act, 2025”[1]. The amendment was proposed by Minister Kiren Rijiju’s Ministry of Minority Affairs to improve efficiency, inclusion, and openness in the administration of waqf properties throughout India. The law enacts changes like requiring waqf properties to be digitally registered, allowing non-Muslims to serve on waqf boards, and enhancing government supervision[2]. Opponents claim that the revisions violate the rights of minorities and religious liberties, while supporters maintain that these reforms are required to modernize waqf administration and combat corruption[3].
Background: Waqf Laws’ History and Past Amendments
In India, waqf, an Islamic endowment of property for philanthropic or religious reasons, has a long history. One of the first laws pertaining to waqf properties was the Musalman Waqf Act of 1923. The Waqf Act of 1995 was then passed in order to create Central and State Waqf Boards and offer a thorough framework for the management of waqf properties. Amendments have been made over time to address the problems of encroachment and poor management. For example, the 2013 amendment established sanctions for the unlawful occupancy of waqf properties and sought to increase the authority of waqf boards. This trend is maintained by the 2024 amendment, which aims to further simplify waqf management and alleviate current issues.
Key Provisions – Major Changes in Governance, Registration, and Management
Mandatory Digital Registration of Waqf PropertiesThe amendment requires all waqf properties to be digitally registered using a centralized site that is managed by the District Collector’s Office. This seeks to improve property management transparency, decrease ownership disputes, and build an extensive database[4]
Inclusion of Non-Muslim Members in Waqf Boards
The inclusion of non-Muslim members in The State Waqf Boards and Central Waqf Council signifies a notable transformation shift. This initiative aims to promotes to encourage inclusivity and diversity in waqf administration[5].
Representation of Muslim Women
The amendment mandates that the Central Waqf Council and State Waqf Boards have a minimum of two Muslim women in order to encourage gender inclusivity in waqf governance[6].
Empowerment of District Collectors
District Collectors are now empowered to adjudicate matters related to waqf properties, including ownership disputes. This centralizes authority and aims to expedite dispute resolution[7].
Appeals to High Courts
Previously, decisions of Waqf Tribunals were final. The amendment allows for appeals to High Courts within 90 days, introducing an additional layer of judicial oversight
Removal of ‘Waqf by User’ Recognition
The concept of ‘waqf by user,’ where properties used for religious purposes over time were recognized as waqf, has been removed. This change requires formal documentation for waqf recognition, potentially impacting properties without official records
Application of the Limitation Act
The amendment applies the Limitation Act to waqf properties and establishes a 12-year statute of limitations for regaining encroached properties. This could have an effect on the waqf boards’ ability to recover properties that have long been encroached upon.
Impact – Effect on Waqf Boards, Tenants, and Stakeholders
It is anticipated that the Waqf (Amendment) Act, 2025 will have a major effect on how waqf properties are managed and run throughout India. Mandatory digital registration and increased district authority control could result in more accountability and transparency for Waqf Boards[8]. However, worries about the loss of autonomy and traditional community-led governance have been raised by the incorporation of non-Muslim members and growing central engagement. Muslim organizations worry that these modifications would weaken the waqf institutions’ self-regulatory and religious qualities. The elimination of the “waqf by user” status may have a negative impact on long-term tenants and residents of waqf properties, particularly those without official paperwork, as their claims to continuous occupancy may now be contested.
Waqf Boards may lose important assets if the Limitation Act is applied, which would prohibit them from reclaiming properties that have been encroached upon for more than 12 years. In addition, Muslim women’s participation in board governance could promote greater representation and gender inclusivity. Overall, if the reforms are not carried out sensitively and clearly, they run the danger of alienating important stakeholders even though they might increase systemic efficiency.
Controversies – Criticism, Legal Challenges & Constitutional Aspects
Widespread debate has been generated by the Waqf (Amendment) Act, 2025, especially among certain segments of the Muslim community and civic society. The presence of non-Muslim members on the Central and State Waqf Boards is one of the most controversial clauses. Many people see this as a direct interference with a religious organization that is customarily run according to Islamic law[9]. Critics contend that this may violate Articles 25 and 26 of the Indian Constitution, which protect religious freedom and the autonomy of religious denominations, by undermining the community’s right to run its own religious affairs. The removal of the “waqf by user” provision has also been met with resistance, as it may strip waqf status from properties that have been used for religious or charitable purposes for decades but lack official documentation. Additionally, the application of the Limitation Act could result in waqf boards losing claims over encroached properties due to time-barred legal actions. Several Muslim organizations, including the All-India Muslim Personal Law Board and Jamiat Ulema-e-Hind, have voiced strong opposition, and political parties like the CPI have signaled intentions to challenge the law in court. Critics also warn that increased centralization of waqf governance may lead to government overreach and the politicization of religious endowments. These concerns have led to calls for judicial review and raised broader questions about the balance between administrative reform and the protection of minority rights.
Future Implications – Long-term Effects and Possible Reforms
The Waqf (Amendment) Act, 2025 is probably going to have a big impact on minority rights and waqf property governance in India. In the long run, the required online registration The Waqf (Amendment) Act, 2025 is probably going to have a big impact on minority rights and waqf property governance in India. It is anticipated that the required digital registration of waqf assets will increase transparency, lessen corruption, and enhance the administration and use of thousands of religious endowments in the long run. Although it might also face opposition from traditionalists who see it as an infringement on religious freedom, the participation of Muslim women and non-Muslims on waqf boards could set the standard for increased inclusivity and interfaith cooperation.
The shift of certain powers to District Collectors and the judiciary may improve administrative efficiency, but it also raises concerns about increased state control over religious institutions. The abolition of the “waqf by user” doctrine and application of the Limitation Act may trigger a surge in legal disputes, potentially leading to the loss of undocumented waqf properties and alienation of local communities. Politically, the Act may influence the broader debate on the state’s role in managing religious trusts across communities, possibly prompting similar reforms in Hindu and Christian endowment boards. Going forward, the success of these reforms will depend on sensitive implementation, judicial clarity, and continued engagement with stakeholders to balance modernization with the protection of minority rights.
Conclusion
A major change in the management and control of waqf properties in India is represented by the Waqf (Amendment) Act, 2025, which seeks to improve accountability, inclusion, and transparency. The amendment aims to modernize a historically intricate and frequently mismanaged system by adding digital registration, changing the makeup of waqf boards, and modifying legal requirements like the applicability of the Limitation Act. These changes haven’t been without controversy, though. Community leaders, legal experts, and political parties have expressed opposition due to worries about government overreach, the erosion of religious autonomy, and the possibility of tenant displacement. The Act highlights important issues about religious freedom, minority rights, and striking a balance between reform and traditionalism as it modifies the legal and administrative structure controlling waqf holdings.
The long-term success of the amendment will depend on how effectively it is implemented, how fairly it addresses the concerns of stakeholders, and whether it can withstand judicial scrutiny while fulfilling its promise of empowering communities through better-managed religious endowments.
[1] Bill No. 109 of 2024
[2] (chodavarapu, 2025)https://www.brhat.in/dhiti/waqf-amendment-bill/
[3] https://apnews.com/article/india-muslim-endowments-waqf-parliament-4fb3ce70dbd2e579bccc43ce1e245f6d/
[4] https://frontline.thehindu.com/the-nation/waqf-amendment-bill-waqf-board-non-muslim-nomination-islamic-law-waqif//
[5] (Rupam Jain, 2025) https://www.reuters.com/world/india/new-indian-bill-proposes-revamp-muslim-land-management-faces-backlash-2025-04-02//
[6] Supra note 5
[7] Supra note 4
[8] https://www.primetimetoday.in/national/the-waqf-amendment-bill-2024-key-provisions-and-changes/
[9]https://wamsi.nic.in/wamsi/index.jsp/
