Is Waqf an Essential Practice in Islam?Legal and Religious Debate Surrounding the Waqf Amendment Act 2025

The Waqf (Amendment) Act, 2025 has triggered a number of legal and religious controversies, which are discussed in this article. The essay delves into the question of whether or not Waqf is considered a vital activity in Islam. In the beginning, it provides an overview of the historical and theological foundations of Waqf. Subsequently, it examines the key provisions of the Act, which include the modification of the Mussalman Wakf Act, 1923 (Section 3) and the renaming of the 1995 Act (Section 4), the elimination of “waqf by user” (Section 6), and the implementation of gender inclusivity on Waqf boards (Section 14). In this debate, the objections brought before the Supreme Court are highlighted, and a comparison is made between secular legal reasoning and Islamic jurisprudence on certain fundamental religious activities. Lastly, it examines the ways in which the changes intend to improve openness and efficiency while yet respecting the autonomy of religious institutions.