NEWS – The Waqf (Amendment) Act, 2025 aims to modernize the Waqf Act, 1995 by addressing inefficiencies and improving the governance of Waqf properties.

HIGHLIGHTS
Key objectives include:

• Addressing shortcomings in the 1995 Act
• Updating the definition and formation of waqf
• Streamlining the registration and survey processes
• Leveraging technology for better record management

In parallel, the Mussalman Wakf (Repeal) Bill, 2025 seeks to:

• Repeal the outdated Mussalman Wakf Act, 1923
• Establish uniform laws under the 1995 Act
• Enhance transparency and eliminate legal contradictions

MAJOR ISSUES WITH THE EXISTING FRAMEWORK

1. Irrevocability of Waqf Properties

• “Once a waqf, always a waqf” principle leads to complex disputes (e.g., Bet Dwarka island cases)

2. Legal Disputes and Mismanagement

• Illegal occupation and mismanagement of waqf properties
• Ownership disputes and survey delays
• Numerous litigations and complaints received by the Ministry

3. No Judicial Oversight

• Tribunal decisions are final; higher courts cannot intervene
• This reduces checks and balances

4. Incomplete Surveys

• Surveys pending or not initiated in states like Gujarat, Uttarakhand, and Uttar Pradesh
• Coordination issues with the Revenue Department and lack of expertise

5. Misuse of Waqf Laws

• Section 40 misused to declare private properties as waqf
• Data from only 8 out of 30 States/UTs: 515 properties declared under Section 40

6. Constitutional Validity Concerns

• Waqf Act applies only to Muslims
• PIL in Delhi High Court questions its constitutionality
• Court has asked for the Central Government’s response

KEY FEATURES OF THE WAQF (AMENDMENT) ACT, 2025

Formation of Waqf

• By declaration, user, or endowment (waqf-alal-aulad)
• Amendment:
  • Removes waqf by user
  • Allows only through declaration or endowment
  • Donors must be practicing Muslims for 5+ years and property owners
  • Female heirs cannot be denied inheritance in waqf-alal-aulad

 Government Property as Waqf

• No clear guidelines
• Amendment:
  • Government land cannot be declared waqf
  • Disputes to be resolved by the Collector

Power to Determine Waqf Property

• Waqf Boards could determine waqf status
• Amendment:
  • Removes this power from the Boards

Survey of Waqf

• By Survey Commissioners
• Amendment:
  • Empowers District Collectors
  • Surveys to follow state revenue laws

Central Waqf Council Composition

• All members had to be Muslims (incl. 2 women)
• Amendment:
  • Includes 2 non-Muslims (e.g., MPs, Judges, Eminent Persons)
  • Islamic scholars, Waqf board reps, and 2 Muslim women must still be included

Waqf Board Composition

• 2 members elected from MPs, MLAs, Bar Councils (Muslims)
• 2 women members mandatory
• Amendment:
  • State may nominate non-Muslims
  • Must include:
    • 2 non-Muslim members
    • Representation from Shias, Sunnis, Backward Muslims
    • Members from Bohra & Agakhani (if present in state)
    • 2 Muslim women

Tribunal Composition

• Included Muslim law expert
• Amendment:
  • Muslim law expert removed
  • Adds District Judge (current/former) and a Joint Secretary (current/former)

Appeals on Tribunal Orders

• Tribunal decisions final
• High Court intervention rare
• Amendment:
  • Tribunal decisions can be appealed in High Court within 90 days

Powers of Central Government

• State governments had audit authority
• Amendment:
  • Central government can:
    • Frame rules for waqf registration and accounts
    • Get waqf audits done via CAG or designated officer

Separate Waqf Boards for Sects

• Shia-Sunni separation if 15%+ Shia waqf
• Amendment:
  • Adds provisions for Bohra and Agakhani sects too

 Inclusion of Non-Muslim Members

• Previously limited to Muslims
• Amendment:
  • Non-Muslims now included in Waqf Board and Central Waqf Council