The Indian parliament passed the Waqf Amendment Bill on Friday (Apr 4) after days of heated debates and discussions inside and outside the house. While Prime Minister Narendra Modi's government described it as progressive, the opposition slammed it as a 'brazen assault on the Constitution'.

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The government said it wanted to make more transparent the administration of Waqf Board, the key institution managing these Islamic endowements that include vast amounts of land, buildings and other property.

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The board will have representation from different sects of Muslim community for improving governance and decision-making. The government is calling the amended legislation more inclusive, secular, accountable and transparent.

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Waqf (Amendment) Bill, 2025 highlights

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In broad terms, the bill seeks to manage waqf properties better, empower stakeholders involved, and make it possible to do an efficient survey of the properties. As per the bill, only lawful property owners can create waqf. In the case of 'waqf alal aulad, wherein ancestral property is given as waqf, the inheritance rights of heirs, including females, should not be affected, as per the provisions of the bill. It also makes it mandatory to register waqf properties online, for which a portal will be created. The current time given for registration is six months, but extensions can be taken by approaching the Waqf Tribunals. Another key area addressed by the bill is the wrongful declaration of properties as waqf, including government property. In such disputes, a state government officer will conduct an enquiry.

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The inspection of Waqf records will now come under the section 75 of the Bharatiya Sakshya Adhiniyam, 2023, the replacement of the erstwhile Evidence Act. 

In case the government aquires waqf properties for development or infrastructure projects, the compensation will be given under the 2013 law on compensation, or any other law relating to acquisition of land.

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The central minister in charge of waqf will be the ex-officio chairperson of the Central Waqf Council, which has suo motu power and can issue directives to the Boards. 

Now, let's make a detailed analysis of key amendments

Omitting the Section 40 of Waqf Act for preventing unlawful claims of properties as waqf

This is likely to be one of the most controversial issues in future. Section 40 of the Waqf Act is being omitted, as it had given power to Waqf Boards to declare properties, including vast tracts of lands, and in some cases even entire villages, as waqf property.

Over the past decades, there have been several instances of properties being declared as waqf, including whole villages, according to the government. Thiruchenthurai village in Tamil Nadu, Govindpur Village in Bihar, 15,000    acres    of land in    Karnataka    that covers Vijayapura,    Chitradurga,    Yadgir, Dharwad, Ballari, and Surat Municipal Corporation Headquarters were declared as waqf properties using Section 40.

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In eight states, 515 properties were declared as waqf under section 40 of the Waqf Act.

In the southern Kerala state, there was a dispute last year, wherein 600 Christian families in the Ernakulam district challenged the Waqf Board’s claim over their land.

Resolving disputes involving protected or government property or cases of land acquisition

This is another contentious issue in the waqf debate.  As of data from 25 Waqf Boards, 5,673 government properties have been declared as waqf properties, while Archaeological Survey of India has found that 132 protected monuments have been declared as waqf properties. This is an area where future disputes, and possible violence, can occur.

There are legal cases ongoing for 108 properties under the control of Land and Development Office, 130 under Delhi Development Authority and 123 in the public domain that had been declared as waqf properties.

The bill provides that an officer above the rank of district collector will investigate government properties claimed as waqf.

Protecting waqf properties

There are a total of 872,000 waqf properties in India. Out of these, 402,000 are classified as 'Waqf by USer'. Under the amendments, properties already registered with Waqf Boards will remain so unless disputed or identified as government land.

Assuring inheritance for women

The amendment seeks to ensure women's rights for family waqf. It provides for giving women their rightful inheritance when declaring ancestral property as waqf. Special provisions are given to divorced women, widows and orphan girls.

Management of waqf using tech

This will include a central portal for records and automation of waqf properties. The portal can be used for registration of properties, as well as for adding contributions, resolving legal disputes, accounts and auditing. Caretakers of waqf properties, known as 'Mutawallis', will be mandated to register details of the properties on the central portal within six months

Who can dedicate waqf property? 

Waqf can be dedicated only by practicing Muslims. Only those individuals who have been practicing Islam for at least five years can dedicate his property to waqf.

Addressing the pileup of cases in Waqf Tribunals

The government data shows that there are 21,618 cases pending in Waqf Tribunals. The amendements will introduce a 'structured selection process' and fixed tenures for members of these tribunals. 

Also, there are many court cases involving waqf properties. In order to reduce this, the Limitation Act will be applied to property claims.

Introducing non-Muslims in Waqf Boards

This is another potentially controversial provision. The amended bill seeks to include two non-Muslim members in both central and state Waqf Boards.

Less annual contributions from waqf institutions to Waqf boards

As per the amendments, waqf institutes' contributions to Waqf Boards have been reduced from 7 per cent to 5 per cent.

Audit of waqf property

All Waqf institutions with annual earnings of more than 100,000 rupees should get their accounts audited. The state governments will appoint auditors for this purpose, as per the amended bill.