The Waqf (Amendment) Act, 2025: Historical Evolution

and the Need for Change

By Sachin Kumar Chahar

Published on Legal Knowledge Hub, April 13, 2025

The Waqf (Amendment) Act, 2025, marks a significant milestone in India’s legal and
administrative landscape, aiming to reform the management and governance of Waqf
properties, which have long been a cornerstone of Muslim charitable endowments. This article
explores the historical evolution of Waqf laws in India, the challenges that necessitated the 2025
amendments, and the key changes introduced to address these issues.

Historical Evolution of Waqf in India

The concept of Waqf, rooted in Islamic law and tradition, refers to the permanent dedication of
movable or immovable property for religious, pious, or charitable purposes. Its history in India
dates back to the 12th century, when Muhammad Ghori established the first documented Waqf
after his victory over Prithviraj Chauhan, endowing two villages for religious use. Under
subsequent rulers, such as the Delhi Sultanate (with sultans like Iltutmish, Muhammad bin
Tughlaq, and Alauddin Khilji) and the Mughal Empire (under Akbar and Shah Jahan), Waqf
properties expanded significantly. Notable endowments included properties like the Taj Mahal,
and the system grew to cover rural areas as Muslim communities expanded and conversions
occurred.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025)

The British colonial period introduced formal legal frameworks to regulate Waqf. The
Mussalman Wakf Validating Act of 1913 was the first significant legislation, validating Waqf
deeds and ensuring their legal recognition. This was followed by the Mussalman Wakf Act of
1923, which mandated registration of Waqf properties. In 1954, the Waqf Act provided for
centralization by establishing the Central Waqf Council and State Waqf Boards to better identify
and manage these assets. The most comprehensive legislation came with the Waqf Act of
1995, which introduced Waqf Tribunals for dispute resolution, elected members, and Islamic
scholars on boards, and expanded oversight
mechanisms.[](https://prsindia.org/billtrack/the-waqf-amendment-bill-2024)[](https://www.youtub
e.com/watch?v=RqiOkaMh9O0)

However, despite these developments, Waqf governance faced persistent challenges, setting
the stage for further reform.

The Need for Change

Over the decades, several issues emerged that highlighted the urgent need for amending the
Waqf Act, 1995. Reports and committees, including the 2006 Sachar Committee, exposed
systemic inefficiencies, corruption, and mismanagement. Key problems included:

1. ​ Lack of Transparency and Accountability : Waqf properties, estimated at 870,000

holdings covering 940,000 acres and valued at ₹100,000 crore (US$12 billion), were the
third-largest property holdings in India after Indian Railways and the Armed Forces. Yet, the
2006 Sachar Committee found that these assets were undervalued and poorly managed,
generating only ₹163 crore in income from an estimated worth of ₹6,000 crore. Issues like
financial leakages, opaque records, and lack of audits hindered their potential to serve
charitable
purposes.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025)[](http
s://ddnews.gov.in/en/understanding-waqf-and-the-2025-amendment-key-reforms-challenges-an
d-implications/)

2. ​ Encroachment and Land Grabbing : The “Waqf by User” provision and Section 40
of the 1995 Act allowed Waqf Boards to claim properties based on long-term use or belief, often
leading to arbitrary declarations. High-profile cases, such as the Karnataka Waqf Board Land
Scam and the claim over the entire Hindu village of Thiruchenthurai in Tamil Nadu (including the
1,500-year-old Sundareswarar Temple), sparked outrage and legal battles. This “once a Waqf,
always a Waqf” doctrine made properties irrevocable, immune to sale or transfer, creating
tensions with non-Muslim communities and state
authorities.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025)[](htt
ps://ddnews.gov.in/en/waqf-act-why-is-it-the-modi-governments-biggest-reform/)
3. ​ Inefficient Governance and Litigation**: Waqf Tribunals, intended to resolve
disputes, faced backlogs, and their decisions were final, with no appeal to higher courts, limiting
accountability. Over 2 lakh properties lacked digital records, making them vulnerable to illegal
occupation and disputes. Reports from Maharashtra and Karnataka revealed encroachments on
over 700 Waqf plots and undervalued leasing of prime
properties.[](https://www.pmfias.com/waqf-amendment-act-2025/)[](https://ddnews.gov.in/en/und
erstanding-waqf-and-the-2025-amendment-key-reforms-challenges-and-implications/)

4. ​ Exclusion and Inequity : The governance structure lacked diversity, with over 90% of
Waqf Boards lacking female representation, undermining inclusivity. The system also failed to
adequately address the needs of marginalized groups, such as Muslim widows, divorced
women, and orphans, who were often excluded from inheritance and welfare
benefits.[](https://ddnews.gov.in/en/understanding-waqf-and-the-2025-amendment-key-reforms-
challenges-and-implications/)[](https://www.pmfias.com/waqf-amendment-act-2025/)

5. ​ Constitutional Concerns: Critics, including opposition leaders and Muslim

organizations, argued that the 1995 Act’s exclusive application to Muslims and its lack of judicial
oversight raised questions about secularism and constitutional validity. A PIL in the Delhi High
Court challenged its constitutionality, prompting calls for a more inclusive and transparent
framework.[](https://timesofindia.indiatimes.com/india/what-is-waqf-amendment-bill-all-you-need
-to-know/articleshow/119890366.cms)

These issues underscored the need for a modern, transparent, and accountable system to
ensure Waqf properties fulfilled their intended purpose of supporting community welfare,
education, healthcare, and housing.

The Waqf (Amendment) Act, 2025: Key Reforms

Introduced in the Lok Sabha on August 8, 2024, and passed by Parliament in April 2025 after
extensive debate and scrutiny by a Joint Parliamentary Committee (JPC), the Waqf
(Amendment) Act, 2025 (renamed the United Waqf Management, Empowerment, Efficiency and
Development Act, or UMEED Act) addresses these challenges with sweeping changes:

1. ​ Enhanced Transparency and Accountability : The Act mandates digital

registration of all Waqf properties on a centralized portal within six months, with provisions for
audits by the Comptroller and Auditor General (CAG) or designated officers. It also reduces
mandatory contributions to Waqf Boards from 7% to 5%, allowing more funds for charitable
use.[](https://www.drishtiias.com/daily-updates/daily-news-analysis/waqf-amendment-bill-2024)[]
(https://www.pmfias.com/waqf-amendment-act-2025/)

2. ​ End to Arbitrary Claims : The controversial “Waqf by User” provision and Section 40
have been removed or restricted. Now, only properties registered before the Act’s enactment
retain their status, and only individuals practicing Islam for at least five years who own the
property can declare a Waqf. Disputes involving government land will be investigated by an
officer above the rank of Collector, ensuring no unwarranted
claims.[](https://ddnews.gov.in/en/waqf-act-why-is-it-the-modi-governments-biggest-reform/)[](htt
ps://vajiramandravi.com/upsc-exam/waqf-amendment-act-2025/)

3. ​ Inclusivity and Gender Equality : The Act mandates representation of at least two
Muslim women and non-Muslims on the Central Waqf Council and State Waqf Boards,
promoting sectarian and gender diversity. It also protects inheritance rights for women and
orphans, ensuring they are not
disinherited.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025)[](htt
ps://ddnews.gov.in/en/understanding-waqf-and-the-2025-amendment-key-reforms-challenges-a
nd-implications/)

4. ​ Streamlined Dispute Resolution : Waqf Tribunals now consist of a district judge, a

joint secretary-level state officer, and an expert in Muslim law, with appeals allowed in High
Courts within 90 days, enhancing judicial
oversight.[](https://www.drishtiias.com/daily-updates/daily-news-analysis/waqf-amendment-bill-2
024)

5. ​ Modernization and Efficiency : The Act introduces technology-driven management,

district-level oversight committees, and stricter penalties for encroachments, aiming to prevent
misuse and improve revenue generation for welfare programs like affordable housing,
healthcare, and skill
development.[](https://ddnews.gov.in/en/understanding-waqf-and-the-2025-amendment-key-refo
rms-challenges-and-implications/)[](https://vajiramandravi.com/upsc-exam/waqf-amendment-act
-2025/)

Implications and Controversies

While the government, led by Union Minority Affairs Minister Kiren Rijiju, defends the Act as a
step toward “Sabka Saath, Sabka Vikas” (together with all, development for all), ensuring
transparency and benefiting poor Muslims, opposition parties and Muslim leaders like
Asaduddin Owaisi have challenged it in the Supreme Court, alleging it infringes on religious
autonomy and constitutional rights under Article 25. Protests in states like West Bengal and
Tripura highlight community concerns about government overreach and potential communal
polarization.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_2025)[
www.drishtijudiciary.com,

Conclusion

The Waqf (Amendment) Act, 2025, is a landmark reform addressing decades of

mismanagement, corruption, and inequity in Waqf governance. By building on its rich historical
evolution, the Act seeks to align Waqf with modern governance principles, ensuring
transparency, inclusivity, and efficiency. However, its success will depend on implementation,
community engagement, and balancing state oversight with religious autonomy. As India
navigates this transformative legislation, the Waqf system stands at a crossroads, poised to
either fulfill its charitable mission or face further contention.

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Sources: Information drawn from official government reports, parliamentary debates, and
analyses on www.minorityaffairs.gov.in,
www.thehindu.com,
www.wikipedia.org.[](https://en.wikipedia.org/wiki/The_Waqf_%28Amendment%29_Act%2C_20
25)[](
https://prsindia.org/billtrack/the-waqf-amendment-bill-2024)[]
https://ddnews.gov.in/en/understanding-waqf-and-the-2025-amendment-key-reforms-challenges
-and-implications