Waqf in India: The 2025 Amendment Explained — Reform or Overreach?

Insight Collider
1

Waqf—an age-old Islamic practice of donating property for public welfare—has long played a role in shaping India’s socio-religious landscape. From historic mosques to schools, these properties were meant to uplift communities through education, healthcare, and charity. But beneath the noble intentions lies a tangled web of poor management, legal disputes, and lost opportunities.

With nearly 9 lakh waqf properties covering over 940,000 acres, Waqf is India's third-largest landholder—behind only the Railways and Defence Ministry. And yet, for a majority of Indian Muslims, especially the disadvantaged Pasmanda communities, these assets haven’t translated into visible benefits.

Enter the Waqf (Amendment) Act, 2025, officially titled the UMEED Act. The government claims it will bring transparency and reform to a system plagued by corruption. But critics argue it risks undermining religious autonomy and erasing heritage.

Let’s unpack what’s changing—and why this law is igniting fierce debate.


⚖️ What Is Waqf—and Why Is It Contentious?

At its core, waqf means dedicating a property permanently for charitable or religious purposes. Once a property becomes waqf, it cannot be sold or inherited. Its income is meant to support community welfare—through hospitals, schools, scholarships, etc.

However, in India, a controversial concept called “waqf by user” allowed land to be declared waqf merely based on its long-standing religious use—even without legal documentation. While intended to preserve heritage sites, this led to widespread land disputes, as private and public lands were sometimes claimed by waqf boards without clear records.


The Problems That Demanded Reform

🚨 The Problems That Demanded Reform

Several investigations and government reports have exposed major cracks in the waqf system:

  • Underutilization: Properties worth thousands of crores generate minimal income.
  • Corruption: Leases are often undervalued or illegally granted.
  • Encroachments: Tens of thousands of waqf assets are occupied without authorization.
  • Lack of Transparency: Records are incomplete, outdated, or missing altogether.

Most alarmingly, the intended beneficiaries—poor and backward Muslims—rarely see any tangible support. Clinics, schools, or skill centers on waqf land are exceptions, not the rule.


🛠️ What the UMEED Act Changes

The Waqf (Amendment) Act, 2025, passed in April and officially enforced from April 8, aims to fix systemic flaws. Here’s what it brings to the table:

1. ❌ End of “Waqf by User”

Only properties backed by legal waqf deeds will be recognized.

  • Why it matters: Prevents arbitrary claims over public or private lands.
  • Criticism: Puts undocumented historic sites—like centuries-old mosques or graveyards—at risk.

2. 🖥️ Digital & Financial Transparency

  • All waqf properties must be digitized and audited.
  • A central online portal will track revenue and usage.
  • Goal: Unlock potential worth an estimated ₹1 lakh crore.

3. 🧑‍🤝‍🧑 Inclusive Waqf Boards

  • Mandates representation from Pasmanda, Shia, and Bohra communities, plus two Muslim women on boards.
  • Allows non-Muslim members on the Central Waqf Council (currently under legal stay).
  • Intent: Make waqf governance more democratic and diverse.

4. 🧾 New Dispute Redressal Mechanism

  • Land ownership disputes will no longer be settled by waqf boards.
  • Senior government officers will assess land status, with appeals sent to High Courts.
  • Impact: Reduces unilateral waqf board control and streamlines legal processes.

5. 👩‍👧‍👦 Safeguards for Women

  • A woman’s legal inheritance must be settled before property can be waqf-ed.
  • Extra protections for widows, divorcees, and orphaned minors.


🔥 The Backlash: Constitutional, Cultural, and Political

The Act hasn’t gone down smoothly in many quarters:

  • Religious groups claim it violates Article 26 of the Constitution, which protects the right to manage religious institutions.
  • Opposition leaders and activists, including Asaduddin Owaisi and Kapil Sibal, warn it could be misused to de-notify religious sites without due process.
  • Protests erupted in states like Punjab and West Bengal, with tragic casualties in some instances.
  • The Supreme Court has temporarily stayed parts of the law, especially the removal of “waqf by user.”


🧠 Our Insight: Reform with Respect

It’s clear the waqf system in India urgently needed reform. But reform must not come at the cost of erasing cultural memory or undermining constitutional rights.

The 2025 Amendment takes significant steps toward transparency, efficiency, and inclusion—but it must also ensure sensitive implementation, especially when dealing with undocumented historical properties or minority sentiments.

The upcoming Supreme Court verdict on May 5 will be pivotal in determining how India navigates this tightrope between modernization and preservation.


💬 Insight Collider’s Takeaway:

The Waqf (Amendment) Act, 2025, is more than just a legal tweak—it’s a turning point. If done right, it could revitalize one of India’s largest untapped community resources. But if rushed or politicized, it could deepen mistrust and erode centuries of legacy.


🗣️ What Do You Think?

  • Should waqf reforms be led by the state or the community itself?
  • Have you seen waqf properties make a difference in your area?
  • Does digitizing religious assets pose a threat—or offer a solution?

💬 Join the conversation in the comments below. Let’s collide perspectives.

Post a Comment

1Comments

Post a Comment

#buttons=(Ok. I understand.) #days=(20)

We use cookies to improve your experience on Insight Collider. By continuing to browse, you agree to our use of cookies. Learn more
Ok, Go it!