

AUTHOR : Amrudh veekshitha
INTRODUCTION
The concept of waqf, though not explicitly mentioned in the central religious text of Islam, The Quran, is integrally embedded in the notion of charity. Several legislative measures have been enacted on waqf, but the Waqf Act, 1995 remains the most significant and enduring. However, certain setbacks associated with this Act have led to recent legislative amendments.
The present Minister of Minority Affairs, Kiran Rijiju, from the NDA Government, introduced a bill in the Lok Sabha on August 8, 2024, to amend the Waqf Act. This bill was subsequently referred to a Joint Parliamentary Committee on the same day. On January 27, 2025, the Committee passed the bill in a democratic manner, potentially transforming the management of Muslim charitable property in India.
The key issues surrounding this amendment include whether the government's oversight is inadequate, whether the bill threatens religious freedom, and whether it infringes upon constitutional rights. This article explores the motives behind the bill, the incidents leading to its introduction, and an in-depth study of both the current and previous legal provisions, along with the positives, negatives, and controversies surrounding the bill.
CONCEPT
Waqf refers to the dedication of movable or immovable property for religious or charitable purposes in Islamic law. The Waqf Act defines it as:"A permanent dedication by any person, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious, or charitable."
Once a property is dedicated as waqf, the waqif (donor) loses all future rights over it. The Waqf Boards, which exist in 32 states across India, manage these properties. Waqf properties serve purposes such as:
Public waqf – supporting community welfare.
Quasi-public waqf – benefitting specific religious groups.
Personal waqf – benefitting individuals or families.
Surprisingly, non-Muslims can also dedicate property to waqf. Disputes related to waqf properties are adjudicated by the Waqf Tribunal, which was created specifically for this purpose.
The Sachar Committee Report dedicated a specific chapter to waqf-related concerns. Below, we explore the key problems in the previous Act that necessitated this amendment.
CONTOURS OF THE ACT
Several controversial incidents highlighted flaws in the Waqf Act, 1995:
Tamil Nadu Land Dispute: A man attempting to sell his land was asked to obtain a No Objection Certificate (NOC) from the Waqf Board, as the board claimed the entire village was waqf property.
Hyderabad Airport Case: A petition in the Telangana High Court claimed that the Rajiv Gandhi International Airport was built on waqf land. The High Court dismissed the plea.
Five-Star Hotel Case: The Waqf Board attempted to claim ownership of a five-star hotel in Telangana, but the court ruled against it.
Legal Loopholes in the Previous Act
Section 40 of the Waqf Act empowers the board to appoint a survey commissioner to determine whether a property is waqf land.
Section 4 allows the survey commissioner to report findings to the state government, which then publishes the property listing in the gazette.
Section 6 imposes a 1-year limitation period to challenge waqf property listings, significantly shorter than the 12-year period under the Limitation Act.
Waqf Tribunal – The Act states that waqf disputes must be resolved only in tribunals, preventing access to civil courts under Section 85. However, High Courts can take suo motu cognizance under Section 83.
Issues in Waqf Management
Corruption and Inefficiency: Many mutawallis (waqf managers) engage in corruption, reducing the effective utilization of waqf properties.
Government Appointments: Critics argue that the Waqf Act is biased because only Muslims manage waqf properties. However, Section 14 states that government officials appoint waqf board members, survey commissioners, and even the Central Waqf Council.
Waqf Boards as Major Landowners: Waqf boards collectively own 8 lakh acres of land, making them the third-largest landowners in India, after the Indian Army and Indian Railways.
Lack of Clarity on Dedication Process: The Act does not specify whether dedication should be contractual or oral.
CONTOURS OF THE BILL
Renaming the Act: The bill proposes renaming the Act to Unified Waqf Management, Empowerment, Efficiency, and Development Act. While largely symbolic, this renaming reflects the government's rebranding strategy.
Women Representation: The bill mandates the inclusion of two women in every state waqf board, aligning with the Sachar Committee's recommendations.
Eliminating 'Waqf by User':
The existing Act recognizes properties as waqf if they have been used for religious purposes over time (waqf by user).
The amended bill removes this concept, raising concerns about whether past waqf by user properties will lose their waqf status.
Non-Muslim Board Members: The bill requires two non-Muslims to be appointed to the waqf board. This controversial provision is being compared to Hindu Religious Endowment Boards, which do not require non-Hindu members.
Transfer of Power to District Collectors:
Under the old Act, survey commissioners determined waqf land status.
The new bill transfers this power to district collectors, raising concerns about potential government bias in waqf-related decisions.
Mandatory Digital Registration:
Waqf boards must digitally register all waqf properties within six months.
Any property not registered within this timeframe loses its waqf status and cannot be claimed in court.
Critics call this a government land grab, as non-registration could strip waqf properties of their legal standing.
CONCLUSION AND SUGGESTIONS
The Waqf Amendment Bill, 2025, presents a mixed picture with both advantages and controversies.
Potential Benefits
✔ Improved Transparency: Strengthened governance and management of waqf properties.
✔ Gender Inclusivity: Mandating women’s representation in waqf boards is a progressive step.
✔ Digitization: Registration of waqf properties may enhance accountability and reduce disputes.
Key Concerns
❌ Threat to Religious Freedom: The inclusion of non-Muslims in waqf boards is viewed as discriminatory compared to Hindu Religious Endowments.
❌ Land Grab Allegations: The six-month digital registration deadline could lead to large-scale waqf property declassification.
❌ Government Influence: District collectors, being government officials, may not remain impartial in waqf disputes.
Recommendations
✅ Follow Sachar Committee Recommendations – Stricter action against encroachment and corruption.
✅ Reform Waqf Tribunal Appointments – Amend Section 83(4) to ensure that tribunal members are full-time appointees dedicated exclusively to waqf matters.
✅ Clarify the Scope of 'Waqf by User' Removal – Clearly specify whether this change applies only to future cases or affects existing waqf properties.
Final Thoughts
While reforms in waqf management are necessary, hidden agendas within the bill cannot be ignored. If the bill is passed without modifications, it may erode waqf rights and weaken the Muslim community’s hold over its charitable assets. A balanced and inclusive approach is essential to ensure fairness.