Introduction
The Waqf (Amendment) Bill, 2025, also known as the Unified Management Empowerment Efficiency and Development (UMEED) Act, was passed by the Indian Parliament in April 2025. This legislation seeks to reform the Waqf Act, 1995, addressing long-standing issues in the management of Waqf properties—religious and charitable endowments under Islamic law. The bill introduces sweeping changes to enhance transparency, accountability, and inclusivity while resolving disputes over Waqf lands.
This article examines the key changes from the previous law, along with the pros and cons of the new amendments.
Key Changes in the Waqf (Amendment) Bill 2025
1. Formation of Waqf
- Old Rule (1995 Act): Waqf could be formed by declaration, user, or endowment (Waqf-alal-aulad).
- New Rule (2025 Act):
- Removes “Waqf by user”—properties can no longer be declared Waqf based solely on long-term religious use.
- Only practicing Muslims for at least five years can dedicate property to Waqf.
- Women’s inheritance rights must be settled before Waqf dedication .
2. Government Land Disputes
- Old Rule: No clear provision for government properties claimed as Waqf.
- New Rule:
- Government properties identified as Waqf will cease to be Waqf.
- Disputes will be resolved by a Collector-level officer, who submits a report to the state government .
3. Waqf Board Composition
- Old Rule: All members had to be Muslims.
- New Rule:
- Two non-Muslim members included in Central and State Waqf Boards.
- Representation for Shia, Sunni, Bohra, and Aghakhani communities (where applicable).
- At least two Muslim women must be members .
4. Waqf Tribunals & Judicial Oversight
- Old Rule:
- Decisions by Waqf Tribunals were final, with no appeal in higher courts.
- Tribunals included a Muslim law expert.
- New Rule:
- Appeals allowed in High Courts within 90 days.
- Muslim law expert removed; replaced with a District Court judge and a Joint Secretary-level officer .
5. Removal of Section 40
- Old Rule: Section 40 allowed Waqf Boards to arbitrarily declare any property as Waqf.
- New Rule: Section 40 abolished, preventing misuse of Waqf claims.
6. Digital Management & Audits
- New Rule:
- Centralized Waqf portal for property registration within six months.
- Mandatory audits for Waqf institutions earning over ₹1 lakh annually .
7. Limitation Act, 1963 Now Applies
- Old Rule: Waqf property claims were exempt from time limits, leading to prolonged litigation.
- New Rule: The 12-year limitation period applies, preventing indefinite disputes 38.
Pros of the Waqf (Amendment) Bill 2025
✅ Enhanced Transparency – Digital records and audits reduce corruption and mismanagement .
✅ Inclusivity – Non-Muslim members in Waqf Boards promote secular governance .
✅ Women’s Rights – Ensures inheritance rights for Muslim women before Waqf dedication .
✅ Reduced Litigation – Limitation Act prevents endless legal battles .
✅ Government Land Protection – Prevents fraudulent Waqf claims on public properties .
Cons of the Waqf (Amendment) Bill 2025
❌ Infringement on Religious Autonomy – Critics argue non-Muslim inclusion interferes with Muslim self-governance .
❌ Risk to Historical Waqf Properties – Removal of “Waqf by user” may affect undocumented religious sites .
❌ Increased Government Control – More bureaucratic oversight may lead to delays and political interference .
❌ Potential for More Disputes – Transferring dispute resolution to Collectors instead of Waqf Tribunals may create confusion .
Conclusion
The Waqf (Amendment) Bill 2025 introduces significant reforms aimed at modernizing Waqf governance, improving transparency, and protecting property
rights. While it addresses long-standing issues like illegal encroachments and mismanagement, concerns remain over religious autonomy and government intervention.
The success of this law will depend on its implementation and whether it balances community rights with administrative efficiency.