The Waqf (Amendment) Bill, 2025 aims to update the Waqf Act, 1995 to fix issues in the management of Waqf properties with proposed changes and the Mussalman Wakf (Repeal) Bill, 2025 seeks to remove the outdated Mussalman Wakf Act, 1923, which is no longer effective.
With the following key features, the bill aims to resolve major issues like the irrevocability of Waqf Properties; Legal Disputes & Poor Management; No Judicial Oversight; Incomplete Survey of Waqf Properties; Misuse of Waqf Laws; and the Constitutional Validity of the Waqf Act.
- Name of the Act- Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2025.
- The bill removes waqf by user & allows formation only through declaration or endowment; Donors must be practising Muslims for at least 5 years and must own the property; Waqf-alal-aulad cannot deny inheritance rights to female heirs.
- Any government property identified as Waqf will cease to be Waqf. Ownership disputes will be resolved by the Collector, who will submit a report to the state government.
- The Waqf Board previously had the power to inquire & determine waqf property. This provision has now been removed.
- Empowers Collectors to conduct surveys & mandates pending surveys to be conducted as per state revenue laws.
- 2 non-Muslim members; MPs, former judges, and eminent persons appointed to the Council as per the Act need not be Muslims; Representatives of Muslim organisations, Scholars in Islamic law, Chairpersons of Waqf Boards- must be Muslims; Of the Muslim members, two members must be women.
- Empowers state government to nominate 1 person from each background to the Board & they need not be Muslims. It must have: 2 non-Muslim members; At least 1 member each from Shias, Sunnis, and Backward classes of Muslims; 1 member each from Bohra & Agakhani communities (if there is Waqf in the state); 2 Muslim women members.
- The amendment removes the Muslim law expert and instead includes: A current/former District Court judge as chairman; current/ former joint secretary to state government.
- Omits provisions deeming finality to Tribunal's decisions, and allows appeals to the HC within 90 days.
- Empowers the centre to make rules regarding registration, publication of accounts of waqf & publication of Waqf Boards proceedings. It empowers the govt to get these audited by the CAG or a designated officer.
- Separate Waqf boards allowed for Bohra and Agakhani sects, along with Shia and Sunni sects.
The Waqf (Amendment) Bill, 2025, introduces significant reforms aimed at enhancing the governance, transparency, and efficiency of waqf property management in India. By addressing long-standing issues such as litigation and the lack of judicial oversight, the Bill seeks to create a more structured and accountable framework.
