The Waqf Bill 2025
The Waqf Bill 2025: A Comprehensive Guide to Its Details, Conditions, and Current Situation in India
Published on April 5, 2025
The Waqf (Amendment) Bill, 2025, has emerged as one of the most debated legislative proposals in India, sparking discussions across political, religious, and social spheres. Passed by the Indian Parliament in April 2025, this bill seeks to amend the Waqf Act of 1995, aiming to modernize the management of Waqf properties while addressing long-standing issues of transparency, inclusivity, and efficiency. In this detailed blog post, we’ll explore what the Waqf Bill 2025 is, its conditions, objectives, key provisions, criticisms, and its current situation as of April 5, 2025.
What is the Waqf Bill 2025?
The Waqf (Amendment) Bill, 2025, officially titled the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, is a legislative reform introduced by the Indian government to overhaul the Waqf Act of 1995. Waqf refers to properties dedicated by Muslims under Islamic law for religious, charitable, or pious purposes. These properties, once designated as Waqf, are irrevocable and meant to serve the community perpetually.
The 2025 amendment builds on decades of Waqf-related legislation in India, aiming to address inefficiencies, corruption, and mismanagement in the administration of Waqf properties. It was first introduced as the Waqf (Amendment) Bill, 2024, in the Lok Sabha on August 8, 2024, and underwent extensive scrutiny by a Joint Parliamentary Committee (JPC) before being passed in both houses of Parliament in April 2025.
Historical Context of Waqf in India
Waqf has a rich history in India, dating back to the 12th century when Muslim rulers like Muhammad Ghori established endowments. Over time, Waqf properties grew under the Delhi Sultanate, Mughal Empire, and post-independence governance. Today, India holds the largest Waqf portfolio globally, with approximately 8.7 lakh registered properties spanning 9.4 lakh acres, valued at over ₹1.2 lakh crore (as per the Sachar Committee, 2006). These assets make Waqf the third-largest property holder in India, after the Indian Railways and Armed Forces.
Why Was the Waqf Bill 2025 Introduced?
The Waqf Bill 2025 was introduced to address several systemic issues plaguing Waqf administration in India, as identified by various committees and stakeholders over the years. The key reasons include:
- Transparency and Accountability: Reports of corruption, land grabbing (e.g., the Karnataka Waqf Board Land Scam), and mismanagement prompted calls for stricter oversight.
- Encroachment and Disputes: Many Waqf properties face illegal occupation, ownership disputes, and delays in surveys, reducing their revenue potential.
- Inefficient Management: The lack of a centralized system and poor record-keeping have hindered effective administration by Waqf Boards.
- Inclusivity: The exclusion of women and non-Muslims from decision-making bodies has been a point of contention, with demands for broader representation.
- Legal Reforms: Previous amendments (e.g., 2013) failed to fully resolve issues like the finality of Waqf Tribunal decisions, necessitating further changes.
The government, led by the Bharatiya Janata Party (BJP), argued that the bill aligns with its vision of Sabka Saath, Sabka Vikas (Together with All, Development for All), aiming to benefit marginalized Muslims, particularly women and the poor, while curbing misuse of Waqf assets.
Key Provisions of the Waqf Bill 2025
The Waqf (Amendment) Bill, 2025, introduces several transformative changes to the 1995 Act. Here’s a detailed breakdown of its key provisions:
1. Renaming the Act
- The bill renames the Waqf Act, 1995, as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995, reflecting its focus on modernization and empowerment.
2. Conditions for Creating Waqf
- Only individuals practicing Islam for at least five years can dedicate property as Waqf, ensuring ownership and intent.
- Waqf-alal-aulad (family endowments) must not deny inheritance rights to heirs, especially women, reversing historical exclusions.
3. Inclusion of Non-Muslims
- Non-Muslims can now be appointed to the Central Waqf Council (up to 4 out of 22 members) and State Waqf Boards (3 out of 11 members), promoting inclusivity.
- This provision has sparked debate over its alignment with Muslim personal law and Article 26 of the Constitution (freedom to manage religious affairs).
4. Removal of “Waqf by User”
- The bill eliminates the “Waqf by user” doctrine, which recognized properties as Waqf based on long-term religious use without formal documentation.
- Pre-existing “Waqf by user” properties registered before the bill’s enactment retain their status unless disputed or identified as government land.
5. Technology-Driven Management
- A centralized online portal mandates registration of all Waqf properties within six months, enhancing transparency and reducing disputes.
- Audits by state-appointed auditors are required for Waqf institutions earning over ₹1 lakh annually.
6. Government Oversight
- District Collectors or officers above their rank will investigate claims of government properties being misidentified as Waqf, curbing arbitrary declarations.
- The mandatory contribution of Waqf institutions to boards is reduced from 7% to 5%, easing financial burdens.
7. Empowerment of Women and Minorities
- At least two Muslim women must be represented on the Central Waqf Council and State Waqf Boards.
- Special provisions protect widows, divorced women, and orphans, ensuring equitable benefits.
8. Judicial Reforms
- Waqf Tribunal decisions are no longer final; appeals can now be filed in High Courts within 90 days, improving access to justice.
9. Repeal of Older Laws
- The Mussalman Wakf Act, 1923, is repealed, consolidating Waqf governance under the amended 1995 Act.
Conditions and Challenges of the Waqf Bill 2025
While the bill aims to streamline Waqf management, it comes with specific conditions and challenges:
Conditions
- Mandatory Registration: All Waqf properties must be registered online within six months, with extensions possible via Waqf Tribunals.
- Property Ownership: Only lawful owners can create Waqf, and government properties cannot be deemed Waqf without verification.
- Sectarian Representation: Boards must include members from various Muslim sects (e.g., Shia, Sunni) for balanced governance.
Challenges
- Implementation: Digitizing records for 8.7 lakh properties across India is a logistical challenge, especially in states lagging in surveys (e.g., Gujarat, Uttarakhand).
- Resistance: Muslim organizations like Jamiat Ulama-e-Hind and the All India Muslim Personal Law Board (AIMPLB) view it as an attack on community autonomy.
- Legal Disputes: The inclusion of non-Muslims and removal of “Waqf by user” may lead to increased litigation, contrary to the bill’s intent.
Current Situation of the Waqf Bill 2025 (As of April 5, 2025)
As of today, April 5, 2025, the Waqf (Amendment) Bill, 2025, has been passed by both houses of Parliament:
- Lok Sabha: Approved on April 2, 2025, with 288 votes in favor and 232 against after a 12-hour debate.
- Rajya Sabha: Cleared on April 4, 2025, with 128 votes in favor and 95 against following a 14-hour discussion.
The bill now awaits the assent of President Droupadi Murmu to become law. However, its passage has not been without controversy:
- Political Divide: The ruling National Democratic Alliance (NDA), including BJP allies like JD(U) and TDP, supported the bill, while opposition parties (Congress, DMK, AIMIM) labeled it “anti-Muslim” and “unconstitutional.”
- Protests: Muslim leaders, including the Grand Mufti of Jammu and Kashmir, have criticized the bill, with some exploring Supreme Court challenges. Congress MP Mohammed Jawed and AIMIM chief Asaduddin Owaisi filed petitions on April 4, 2025.
- State-Level Reactions: Tamil Nadu’s DMK government, led by CM MK Stalin, plans to contest the bill legally, while states like Goa claim it won’t affect them due to minimal Waqf presence.
The government, led by Minority Affairs Minister Kiren Rijiju, defends the bill as a step toward empowering poor Muslims and integrating them into the mainstream, denying any intent to interfere with religious practices.
Criticisms and Controversies
The Waqf Bill 2025 has faced significant backlash:
- Autonomy Concerns: Critics argue that government oversight and non-Muslim inclusion undermine Muslim personal law and Article 26 rights.
- Five-Year Rule: The requirement of five years of Islamic practice for creating Waqf excludes recent converts, seen as arbitrary by some.
- Waqf by User Removal: Opponents, like Congress MP Syed Naseer Hussain, question how historical religious sites (e.g., temples, mosques) can prove ownership without this doctrine.
- Communal Polarization: The opposition alleges the BJP is using the bill to divide communities for political gain, a charge the government refutes.
Supporters, including BJP leaders and allies, counter that the bill enhances transparency, protects women’s rights, and aligns Waqf governance with secular statutory norms.
Benefits of the Waqf Bill 2025
Despite the criticism, the bill offers several potential advantages:
- Transparency: The digital portal and audits aim to curb corruption and mismanagement.
- Women’s Empowerment: Mandatory representation and inheritance rights uplift Muslim women.
- Dispute Resolution: Appeals to High Courts and Collector-led inquiries reduce arbitrary claims.
- Economic Potential: Better management could unlock the revenue potential of Waqf properties, benefiting communities.
Conclusion
The Waqf (Amendment) Bill, 2025, represents a bold attempt to reform the administration of Waqf properties in India, balancing modernization with inclusivity. While it promises transparency, efficiency, and empowerment, its conditions and provisions have ignited fierce debate over autonomy, religious rights, and governance. As of April 5, 2025, the bill’s fate hinges on Presidential assent and potential legal challenges, making it a pivotal moment in India’s legislative and social landscape.
For those interested in its implications, the Waqf Bill 2025 is a topic to watch closely as it unfolds. What are your thoughts on this reform? Share your views in the comments below!
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