WAQF BILL 2025

 

WAQF AMENDMENT BILL

 

The recent passage of the Waqf (Amendment) Bill, 2025, has sparked extensive debate across India. This legislation introduces significant changes to the management and oversight of waqf properties—charitable endowments pivotal to the socio-economic and cultural fabric of the Muslim community. While the government asserts that the amendments aim to enhance transparency and efficiency, critics argue they may infringe upon the rights of the Muslim minority.

Key Provisions of the Waqf (Amendment) Bill, 2025

The bill introduces several notable changes to the Waqf Act of 1995:​

1. Inclusion of Non-Muslim Members and Female members: The amendment allows for the appointment of non-Muslim members to the Central Waqf Council and State Waqf Boards. Proponents believe this will promote diversity and reduce insularity, while opponents fear it could dilute the Islamic character of these bodies. ​
2. Government Authority in Dispute Resolution: The bill grants government authorities the power to determine ownership in disputes over waqf properties. Supporters argue this will expedite conflict resolution, but critics contend it may lead to unjust appropriation of waqf assets. ​
3. Revised Criteria for Waqf Formation: The legislation stipulates that only properties officially declared as waqf through proper legal documentation will be recognized, eliminating the concept of 'waqf by user,' where longstanding usage established a property's waqf status. This change aims to prevent unauthorized claims but raises concerns about properties lacking formal records. ​

Government's Justification

The government, led by Prime Minister Narendra Modi's administration, asserts that these amendments are designed to:​

• Enhance Transparency: By including non-Muslim members and increasing oversight, the government aims to reduce corruption and mismanagement within waqf institutions. ​
• Streamline Dispute Resolution: Empowering authorities to resolve ownership disputes is intended to expedite legal processes and reduce prolonged litigations. ​
• Protect Property Rights: By requiring formal documentation for waqf recognition, the bill seeks to safeguard properties from fraudulent claims and ensure clear ownership records. ​

Opposition and Criticisms

Despite governmental assurances, the bill has faced significant opposition:​

• Infringement on Religious Autonomy: Critics argue that including non-Muslims in waqf management contravenes Islamic principles, which mandate that only Muslims oversee waqf affairs. ​
• Risk of Property Seizure: There is apprehension that granting government bodies the authority to decide ownership disputes could lead to the confiscation of historically significant waqf properties, especially those lacking formal documentation. ​
• Marginalization of the Muslim Community: Opposition parties and Muslim organizations contend that the bill is part of a broader pattern of policies that undermine minority rights, potentially exacerbating communal tensions. ​

Conclusion

The Waqf (Amendment) Bill, 2025, represents a pivotal shift in the governance of waqf properties in India. While the government emphasizes objectives of transparency and efficiency, the concerns raised by various stakeholders highlight the need for a balanced approach that respects the religious and cultural significance of waqf institutions. As the bill awaits presidential assent, it is imperative for all parties to engage in constructive dialogue to address the apprehensions of the Muslim community and ensure that the amendments serve the collective interest of India's diverse populace