Waqf Board Restructuring and Property Rights: A Detailed Analysis of the 2025 Amendments
In 2024, the Indian government brought the Waqf (Amendment) Bill, 2024, with the intention of overhauling the administration and regulation of waqf properties—charitable endowments in Islamic law. The bill has generated wide-ranging debate owing to its extensive changes to the current Waqf Act of 1995. Proponents claim that the amendments promote transparency and inclusivity, whereas opponents argue that they encroach upon the Muslim community’s autonomy in administering their religious endowments.
Establishment of Waqf
One of the most significant changes suggested by the bill is regarding the establishment of waqf. Earlier, waqfs could be created in several ways, such as declaration, prolonged use (waqf by user), or endowment when the line of succession terminates (waqf-alal-aulad). According to the new bill, only those who have been practicing Islam for five years or more and are the owners of the property in question can declare a waqf. This provision seeks to ensure that the endower possesses a true and lasting relationship with the Islamic religion. Furthermore, the bill eradicates the user waqf concept, which identified properties as waqf through extensive communal use without any documentation. Additionally, it ensures that establishing a waqf-alal-aulad does not deny inheritance, especially to female inheritors, thus enhancing gender equality in matters of inheritance.
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Government Property and Waqf
The bill resolves the problem of government properties wrongly classified as waqf. It provides that any such properties will be re-classified as government properties. The local Collector is authorized to inquire into these cases and modify revenue records accordingly. This step aims at avoiding misclassification and possible disputes regarding property ownership.
Survey and Determination of Waqf Properties
Heretofore, the Waqf Board had powers to decide whether a property was waqf. The amendment takes away these powers, seeking decentralization of processes of determining properties. Rather than appointing a Survey Commissioner, Collectors are tasked with surveying waqf properties according to state revenue laws. Continuous surveys will be governed by processes defined by state enactments, something proponents think will increase efficiency and accuracy of assessments.
Reforms to the Central Waqf Council
The makeup of the Central Waqf Council has a radical overhaul in accordance with the new bill. In contrast to the composition of an all-Muslim Council under the original Act, the amendment prescribes two non-Muslim members. Moreover, the addition of Members of Parliament, retired judges, or noted persons is no longer limited to Muslims. But Muslim representation is still necessary for some positions, such as Muslim organization representatives and Islamic law scholars. This reorganization will provide varied opinions and make the Council more effective.
State Waqf Boards Composition
The bill suggests that state governments appoint members to Waqf Boards, departing from the earlier election system. It also seeks to provide diversity by requiring the presence of two non-Muslim members and representation from Shia, Sunni, and Backward Classes of Muslims. Bohra and Agakhani communities should also be represented if they exist in the state. Interestingly, the bill requires that two Muslim members are female, which encourages gender diversity in waqf affairs management.
Tribunal Composition and Appeals
The amendment redesigns the makeup of tribunals that are tasked with dealing with waqf disputes. It eliminates the need for a member who is well-versed in Muslim law, substituting this person with a joint secretary-level officer. A sitting or retired District Court judge will also preside over the tribunal. Tribunal orders were previously final without any provision for appeal. The amendment permits appeals to the High Court within 90 days of an order of a tribunal, adding an extra layer of judicial supervision.
Central Government Oversight
The bill strengthens the authority of the central government to regulate waqfs. New regulations can be framed on waqf registration and publication of accounts and proceedings. The central government can also audit waqf accounts by the Comptroller and Auditor General (CAG) or an officer appointed by it. This greater control is intended to bring more transparency and accountability in the administration of waqf properties.
Specific Waqf Boards for Special Communities
Whereas the present law authorizes separate waqf boards for Shia sect if Shia waqfs have an area in excess of 15% in aggregate of the area of waqf properties, the amendment takes it to cover the Bohra and Agakhani communities also. It marks a real acknowledgment of special requirements of the community and an effective means to organize their waqf property under more sensitive care.
Consequences and Controversies
The Waqf (Amendment) Bill, 2024, has received diverse reactions. Supporters are of the view that the amendments bring in greater transparency and government supervision into the management of waqf while providing greater representation and inclusion, particularly for women and non-Muslims. Critics, however, opine that the stripping of some powers from the Waqf Board and transfer of authority to state officials might concentrate control and cause conflicts over religious autonomy. Furthermore, the focus on protecting women’s inheritance rights through waqf-alal-aulad emphasizes a forward march towards gender equity in Islamic endowments.
Opposition parties and Muslim leaders have complained that the bill interferes with the Muslim community’s autonomy to handle its religious endowments without interference. Adding non-Muslims to Waqf boards is viewed by others as bringing in outside influence to what has long been a Muslim-run institution.
