Reforms in Waqf Management: The Waqf (Amendment) Bill 2025 and its Key Changes

Waqf properties have historically been difficult to manage due to legal ambiguities, outdated regulations, and the absence of sufficient technological interventions.

The Waqf (Amendment) Bill, 2025, introduced in the Indian Parliament, marks a significant step toward addressing long-standing issues in the management and governance of Waqf properties. Designed to modernize and streamline the governance of Waqf assets, the bill aims to introduce more clarity, inclusivity, and accountability in managing these properties, which are held in trust for religious, charitable, and educational purposes under Islamic law.

Background and Context of the Waqf (Amendment) Bill 2025

Waqf properties have historically been difficult to manage due to legal ambiguities, outdated regulations, and the absence of sufficient technological interventions. To address these challenges, the Waqf (Amendment) Bill, 2025 seeks to update the Waqf Act of 1995. The key purpose of this reform is to remove ambiguities in the existing law, modernize administrative processes, and ensure the fair and efficient use of Waqf properties for the benefit of the community. The bill also reflects the government's aim to enhance the transparency and accountability of Waqf boards, which are responsible for managing these assets.

Previous Bills and Their Impact

Earlier, two bills were introduced in the Lok Sabha on August 8, 2024, to address the concerns surrounding Waqf management. These were the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024. The latter sought to repeal the Mussalman Wakf Act of 1923, a colonial-era law that had become outdated and often caused confusion in the management of Waqf properties. By removing this legacy law, the government aimed to establish a more consistent, transparent, and accountable framework under the Waqf Act, 1995.

The Waqf (Amendment) Bill, 2025 builds upon the framework provided by the 1995 Waqf Act. This bill aims to improve the existing legislation by addressing its shortcomings and ensuring that Waqf properties are managed efficiently, with a focus on accountability, transparency, and the involvement of diverse stakeholders.

Key Provisions and Distinctive Features of the Waqf (Amendment) Bill, 2025

One of the most notable aspects of the Waqf (Amendment) Bill is its emphasis on reforming the administrative and regulatory processes governing Waqf assets. Here are some of the most important changes proposed by the bill:

1. Renaming the Act and Enhancing Efficiency: To overcome the limitations of the previous act, the bill proposes a rebranding of the law. This is intended to symbolize a new beginning for Waqf governance, signaling to stakeholders that the government is committed to reform and modernization. The bill outlines provisions to improve the functioning of Waqf boards, enabling them to better manage the properties entrusted to them.

2. Updated Definitions and Enhanced Clarity: The bill provides updated and clearer definitions of Waqf, ensuring that the law accurately reflects contemporary needs and practices. By doing so, the bill aims to remove ambiguities that have previously led to disputes and confusion.

3. Improved Registration and Record Management: A significant reform proposed is the streamlining of the registration process for Waqf properties. The bill suggests a more efficient and systematic approach to maintaining records, which will be digitally integrated to minimize errors, reduce the risk of encroachments, and ensure transparency in managing Waqf assets.

4. Leveraging Technology for Record Management: The bill emphasizes the use of technology to modernize Waqf management. This includes using digital platforms to track and manage Waqf properties and make records more accessible. Such an approach is expected to greatly enhance the efficiency and transparency of Waqf administration, making it easier for stakeholders to monitor and report irregularities.

5. Strengthening the Role of Waqf Boards: The bill proposes measures to increase the role of Waqf boards in decision-making, ensuring that they play a more active part in the management and governance of Waqf properties. This also includes expanding the diversity of individuals involved in decision-making processes, thus ensuring that Waqf boards are more representative of the communities they serve.

6. Introduction of an Appellate System: A key recommendation made by the All India Pasmanda Muslim Mahaaz, an organization working for the upliftment of marginalized Muslim communities, was the introduction of an appellate system for disputes relating to Waqf property. The bill includes provisions for establishing a mechanism through which disputes can be resolved fairly and efficiently.

7. Stricter Penalties for Encroachment and Misuse: To prevent the misuse and illegal encroachment of Waqf properties, the bill proposes stricter penalties for offenders. This will not only act as a deterrent but also encourage greater respect for Waqf properties, which are intended to serve the public good.

8. Disqualification of Board Members Involved in Irregularities: Another significant recommendation from stakeholders is the disqualification of Waqf board members who are found guilty of corruption or irregularities. This provision seeks to ensure that only individuals with a proven track record of integrity manage Waqf properties.

9. Proper Utilization of Waqf Property Revenue: The bill stresses the need for a transparent system for utilizing the revenue generated from Waqf properties. It calls for proper accountability mechanisms to ensure that the income from Waqf properties is used solely for the intended religious, charitable, and educational purposes.

10. Empowering Senior Revenue Officials for Fair Inquiry: The bill includes provisions to empower senior revenue officials to conduct thorough inquiries into cases of mismanagement or irregularities in Waqf property administration. This is aimed at ensuring a fair and just inquiry process, free from external influences.

Public Consultation and Stakeholder Involvement

One of the key elements of the reform process was the extensive consultation with stakeholders and the public. The Joint Parliamentary Committee (JPC) reviewed the Waqf (Amendment) Bill, 2024 through a series of public hearings and study visits across various cities. These consultations included representatives from religious organizations, civil society groups, academics, and government officials.

During these sittings, the committee received over 9.7 million memoranda, reflecting the widespread interest and concern about the state of Waqf property management in India. Notably, the committee consulted with organizations like the All India Sunni Jamiyatul Ulama, Zakat Foundation of India, the All India Muslim Personal Law Board, and various regional Waqf boards, among others. These consultations helped the committee understand the diverse perspectives and concerns of various stakeholders, leading to a more inclusive and well-rounded reform process.

The Waqf (Amendment) Bill, 2025 represents a comprehensive effort to address long-standing challenges in Waqf property management. With its focus on transparency, efficiency, and inclusivity, the bill aims to create a more accountable and effective framework for managing Waqf assets. The proposed reforms are expected to benefit not only the Muslim community but also the broader public by ensuring that Waqf properties are utilized for their intended purposes, serving as a resource for charitable, educational, and religious endeavors. As the bill continues to be debated and refined, it holds the potential to transform the governance of Waqf properties, making it more aligned with contemporary needs and expectations.