The Waqf Amendment Bill 2025 marks a significant milestone in the ongoing evolution of waqf governance in India, and it holds deep relevance for the Muslim community. Waqf, in Islamic tradition, refers to a permanent dedication of property by a Muslim for religious, pious, or charitable purposes recognized under Muslim law. In India, there are over 7 lakh registered waqf properties, and they represent one of the largest bodies of charitable assets held by a minority community anywhere in the world. For decades, however, these properties have been riddled with mismanagement, encroachments, and lack of transparency. The 2025 amendment aims to rectify many of these longstanding issues, while also addressing the changing dynamics of Indian society. For Muslims, this Bill is not just about legal reform—it’s about safeguarding community assets, ensuring transparency, and embracing inclusive representation.
One of the most debated aspects of the Waqf Amendment Bill 2025 is the inclusion of two non-Muslim members in both the Central Waqf Council and the State Waqf Boards. At first glance, this has raised eyebrows within sections of the Muslim community who fear government interference in religious affairs. However, this move also brings with it an opportunity. The inclusion of non-Muslim members is aimed at ensuring greater transparency, oversight, and public accountability. It brings waqf management closer to the standards of public institutions that serve diverse communities. Far from being a threat, this change can be viewed as an acknowledgment of waqf assets as national heritage deserving broader accountability, especially in a multi-faith democracy like India. By welcoming non-Muslim members into the governance structure, the waqf boards can build bridges of trust and collaboration, thereby enhancing their operational effectiveness and public image.
Equally important is the Bill’s provision to ensure representation from various sects within the Muslim community itself. Historically, waqf boards have often been dominated by particular sects, especially Sunni Muslims, which has led to alienation among Shia, Bohra, Aghakhani, and other smaller sectarian groups. The amendment mandates that the boards be more inclusive by representing the diversity within Islam in India. It also includes representation from backward classes among Muslims, ensuring that those from underprivileged backgrounds have a voice in the decision-making process. This is a significant step toward democratizing the governance of waqf assets, which are meant to serve the entire community and not a select few. Such a move not only brings equity to waqf governance but also aligns with the broader principles of social justice enshrined in the Constitution of India.
Another vital provision of the Waqf Amendment Bill is its emphasis on resolving property disputes more efficiently. The Bill allows government authorities to determine ownership in cases where there is ambiguity or contestation involving waqf land. While this has been met with criticism for potentially increasing state control, it also serves to bring quicker resolution to long-pending disputes, many of which have hampered the development of waqf properties for decades. In practice, many waqf lands are illegally encroached upon or embroiled in litigation for years. Streamlining the adjudication process could free up valuable resources that can be used for the benefit of the Muslim community—such as funding education, healthcare, and livelihood programs.
One of the more contentious changes introduced by the Bill is the removal of the “waqf by user” clause. Previously, properties that had been used by the community for religious or charitable purposes over time could be declared waqf, even without formal documentation. This provision, while rooted in traditional Islamic legal principles, had led to complications, particularly in urban areas where waqf claims often clashed with private property rights. By removing this clause, the Bill seeks to eliminate ambiguity and potential misuse. It now mandates that only those who have owned a property for at least five years and have practiced Islam consistently can declare a waqf. This legal clarity is crucial in a modern nation governed by property laws and urban planning regulations. It protects genuine waqf properties from fraudulent claims while allowing real waqf to be better documented and preserved.
For the Muslim community, the Waqf Amendment Bill 2025 also underscores the need for professionalization and modernization of waqf management. With assets worth billions of rupees under waqf, efficient governance is imperative. The amendments provide a framework for improved audits, digitalization of records, and enhanced reporting. These measures can prevent mismanagement, ensure that waqf properties are used for their intended purposes, and build community confidence. The Bill is also a wake-up call for Muslim institutions to proactively engage with the government, legal experts, and civil society to ensure the effective and ethical use of waqf assets.
While the Waqf Amendment Bill 2025 introduces several debatable elements, it also opens the door to greater transparency, inclusiveness, and accountability in the governance of waqf properties. It recognizes the vital role waqf plays in the spiritual, social, and economic upliftment of the Muslim community and offers the tools to modernize and protect these sacred trusts. For Indian Muslims, this Bill should not be seen merely through the lens of politics or control, but as a crucial opportunity to reclaim and revitalize waqf institutions in a way that serves the greater good of the community and the nation.
