WAQF AMENDMENT BILL 2025: POLITY
NEWS: Parliament passes Waqf (Amendment) Bill 2025 as Rajya Sabha grants approval
WHAT’S IN THE NEWS?
The UMEED Bill, 2025 reforms Waqf property governance by enhancing transparency, digitization, and inclusivity, replacing outdated colonial laws. However, concerns remain over non-Muslim inclusion in Waqf bodies and the exclusion of Islamic legal experts from tribunals.
1. Introduction:
• The Waqf (Amendment) Bill, 2025, originally introduced as the Waqf (Amendment) Bill, 2024, has now been renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill.
• This Bill has been passed by the Lok Sabha to reform the management and governance of waqf properties in India.
2. Repeal of Outdated Law:
• Along with the UMEED Bill, the Mussalman Wakf (Repeal) Bill, 2024 has also been passed.
• This repeals the Mussalman Wakf Act, 1923, a colonial-era law.
• The purpose of repealing this old Act is to eliminate legal ambiguities and duplication of laws, and to ensure all waqf matters are governed by the modern Waqf Act, 1995.
3. Objective of the Waqf (Amendment) Bill, 2025 (UMEED):
• To amend the Waqf Act, 1995 and improve administration of waqf properties.
• To enhance transparency, accountability, and efficiency in Waqf Boards and Councils.
• To digitize and centralize the management of waqf properties.
• To ensure gender justice and better inclusion of women.
• To provide for better dispute resolution mechanisms.
4. What is ‘Waqf’?
• Waqf is a permanent dedication of property by a Muslim (waqif) for religious or charitable purposes under Islamic law.
• Once a waqf is created:
• The ownership is deemed to belong to Allah.
• The property becomes irrevocable—it cannot be sold, gifted, or inherited.
• A mutawalli (manager) is appointed to look after the property.
• It can be created for purposes like mosques, madrasas, orphanages, hospitals, and charitable trusts.
5. Origin and Growth of Waqf in India:
• The concept originated during the Delhi Sultanate period, when Sultan Muizuddin Sam Ghaor dedicated villages to the Jama Masjid of Multan.
• With the rise of Islamic rule in India, the number of waqf properties increased.
• The British passed the Mussalman Waqf Validating Act, 1913, to legally recognize waqfs and provide protection.
6. Constitutional and Legal Framework:
• Under the Indian Constitution, religious and charitable institutions are part of the Concurrent List (List III), meaning both Parliament and State Legislatures can frame laws on the subject.
• The Waqf Act, 1995 currently governs the administration of waqf properties.
• Earlier legislations include:
• 1913 Act: Validated waqf deeds.
• 1923 Act: Made waqf registration mandatory.
• 1954 Act: Established Central and State Waqf Boards.
7. Creation of a Waqf:
• A waqf can be created in the following ways:
1. By oral or written declaration by a practicing Muslim.
2. If land has been used continuously for religious or charitable purposes.
3. By endowment after death, especially if there is no heir.
8. Waqf Properties in India:
• Waqf properties are widespread, with Uttar Pradesh (27%) having the largest share.
• Followed by West Bengal (9%) and Punjab (9%).
9. Key Amendments Introduced in the UMEED Bill, 2025:
A. Central Waqf Council (CWC):
• The Union Minister for Minority Affairs is the ex-officio chairperson of the Council.
• Members of the CWC now include:
1. MPs (Members of Parliament).
2. Retired Supreme Court or High Court judges.
3. Eminent Muslim law scholars.
4. Persons of national eminence.
• The Bill removes the requirement that MPs, judges, or eminent persons must be Muslim.
• It mandates two non-Muslim members be included in the Council.
B. State Waqf Boards:
• State governments are empowered to nominate:
• One person each from Shia, Sunni, and Backward Muslim communities.
• Must include:
1. Two Muslim women for gender representation.
2. Two non-Muslim members as mandatory participants.
C. Waqf Tribunals:
• The expert in Muslim law has been removed from the Tribunal structure.
• New structure includes:
1. A District Court judge as Chairperson.
2. A Joint Secretary-level officer.
• Appeals against Tribunal decisions can now be made to the High Court within 90 days.
• Earlier, Tribunal decisions were final and not subject to appeal.
D. Survey and Ownership Determination:
• The role of Survey Commissioner is removed.
• The District Collector or a senior officer is now responsible for conducting surveys of waqf properties.
• If any government property is incorrectly marked as waqf:
• The Collector will investigate.
• If it's proven to be government land, the revenue records will be corrected accordingly.
E. Audit and Digitalization:
• Any waqf institution with income over ₹1 lakh must undergo audit by a state-appointed auditor.
• A centralized digital portal will be launched to:
• Automate waqf property records.
• Improve monitoring, reporting, and transparency.
• Reduce disputes over ownership and misuse.
F. Property Dedication Rule:
• Only Muslims who have practiced Islam for at least five years can dedicate property as waqf.
• This restores pre-2013 rules regarding property dedication.
• It ensures the person is genuinely involved in the religion before transferring property.
G. Women’s Inheritance Protection:
• Before declaring property as waqf, the rights of women to inherit property must be fulfilled.
• The Bill provides special protection to:
• Widows,
• Divorced women, and
• Orphans, to ensure they are not deprived of their legal rights.
10. Need for the Bill:
• To bring uniformity and modern reforms to waqf property management.
• To ensure legal clarity and reduce litigation and overlapping laws.
• To make Waqf institutions inclusive, with fair representation of women and other communities.
• To digitize records and prevent illegal encroachments or mismanagement.
11. Concerns Raised:
A. Inclusion of Non-Muslim Members:
• Critics argue that including non-Muslim members in Waqf Boards and the Council could:
• Dilute religious representation.
• Be inconsistent with other religious boards (like Hindu or Sikh boards) which are primarily composed of members from those religions.
B. Removal of Muslim Law Experts from Tribunals:
• May negatively impact the understanding of Islamic jurisprudence while resolving disputes related to waqf properties.
C. Five-Year Rule for Property Dedication:
• It is unclear why only those who have practiced Islam for five years are allowed to make waqf.
• It may discriminate against new converts or recent practitioners of Islam.
12. Conclusion:
• The UMEED Bill, 2025 is a significant reform initiative that:
• Brings modern management practices to Waqf institutions.
• Ensures accountability, digital governance, and transparency.
• Provides gender-inclusive and community-representative structures.
• However, certain provisions like inclusion of non-Muslims and the five-year rule need further review and clarification to avoid legal and religious complications.
Source: https://www.newsonair.gov.in/parliament-passes-waqf-amendment-bill-2025-as-rajya-sabha-grants-approval/#:~:text=The%20Lok%20Sabha%20passed%20the,repeals%20Mussalman%20Wakf%20Act%201923.