Waqf Amendment Bill

Introduction

The Waqf Amendment Bill 2025, referred to as the UMEED Bill, was enacted by Parliament in April 2025, proposing substantial modifications to the governance and management of Waqf properties in India. This legislation aims to amend the Waqf Act of 1995, with the objective of enhancing transparency, accountability, and efficiency in the administration of Waqf properties while addressing persistent issues within the system.
Initially introduced in 2024, the bill was examined by a Joint Parliamentary Committee (JPC). After a comprehensive review and public consultations, it was approved by both the Lok Sabha and Rajya Sabha as the UMEED Bill (Unified Management Empowerment Efficiency and Development). The subsequent step is the Presidential assent for the bill, after which it will become law.
Waqf Property

A Waqf is a property bequeathed by Muslims for a designated religious, charitable, or personal purpose. The property is deemed to be owned by God, with its advantages allocated for designated purposes.
• A Waqf can be established via a written deed, legal instrument, or orally.
• A property may be designated as Waqf if it has been utilised for religious or charitable purposes for a prolonged duration.
• Irrevocability: Once a property is designated as waqf, it cannot be reclaimed or modified by the donor.
Nevertheless, not all Islamic nations possess Waqf properties. Countries such as Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq are devoid of Waqfs.
Conversely, India possesses Waqf Boards as the predominant urban landholders, safeguarded by statutory provisions.
The Waqf Boards in India manage approximately 870,000 properties encompassing around 940,000 acres of land, with an estimated value of ₹1.2 trillion.
Moreover, the Waqf Board is the second largest landholder in India, following the Armed Forces and the Indian Railways.
Origin of Waqf

Waqf has been present in India since the inception of the Delhi Sultanate. Sultan Muizuddin Sam Ghaor allocated two villages to Multan's Jama Masjid and designated Shaikhul Islam as its administrator. With the prosperity of the Delhi Sultanate and subsequent Islamic dynasties in India, the quantity of Waqf properties increased.
British Raj Controversy: In the late 19th century, the Privy Council condemned Waqf as "perpetuity of the worst kind" and deemed it invalid. The Mussalman Waqf Validating Act of 1913 affirmed the Waqf system in India, notwithstanding British disapproval.
Waqf Act of 1954: Subsequent to independence, the Waqf Act of 1954 was enacted to govern and administer Waqf properties throughout India. The Central Waqf Council of India, constituted in 1964 as a statutory entity, was established to supervise the operations of various state Waqf boards, which were created under Section 9(1) of the Waqf Act, 1954.
Waqf Act of 1995: The Waqf Act of 1995 was enacted to enhance the administration and regulation of Waqf properties (religious endowments) in India. This legislation conferred paramount authority over other property laws, ensuring that Waqf assets were governed predominantly by Islamic law while augmenting safeguards against encroachments and mismanagement.
Waqf Act 1995

The Waqf Act of 1995 regulates the management and administration of Waqf properties in India, which are designated for religious, charitable, or pious purposes according to Islamic law. The Act requires the formation of Waqf Boards at the state level to supervise these properties. The subsequent are the principal provisions of the Waqf Act, 1995:
Role of Waqf Bodies: The Act delineates the functions and obligations of the Waqf Council, State Waqf Boards, and the Chief Executive Officer, as well as the responsibilities of a Mutawalli (caretaker of Waqf properties).
Waqf Tribunals: It delineates the powers and constraints of Waqf Tribunals, which serve as alternatives to civil courts within their jurisdiction.
Civil Court Authority: These tribunals possess equivalent powers and obligations as civil courts as delineated by the Code of Civil Procedure, 1908.
Mandatory Authority: Furthermore, their decisions are conclusive and obligatory, and no civil court is authorised to consider lawsuits or legal disputes pertaining to issues within the tribunal's jurisdiction.
Waqf Amendment Bill 2025

The Waqf Amendment Bill, 2025, now referred to as the UMEED Bill, intends to tackle various issues in the administration and management of Waqf properties. It aims to modernise the regulatory framework, implement technology-driven management, resolve complexities, and enhance transparency. Re-established and approved in both houses of Parliament in April 2025, the UMEED Bill seeks to streamline administrative procedures and guarantee the optimal utilisation of Waqf resources for community growth and welfare.
Waqf Amendment Bill 2025 Provisions, Key Changes

The Waqf Amendment Bill 2025 implements significant modifications to improve the administration and inclusivity of waqf properties in India. The principal modifications enacted in the Waqf Amendment Bill 2025 are as follows:
Renamed: The bill has been renamed the UMEED bill, an acronym for ‘Unified Management Empowerment Efficiency and Development’.
Incorporation of Non-Muslim: The Waqf Amendment Bill 2025 aims to promote inclusivity by incorporating provisions for the representation of non-Muslims on central and state Waqf boards.
‘Waqf By User’ Removed: The Waqf Amendment Bill abolishes the 'Waqf by user' provision, which previously permitted properties to be classified as Waqf solely based on their prolonged utilisation for religious purposes.
According to the Waqf Amendment Bill 2025, all waqf-by-user properties registered prior to the bill's enactment will maintain their status, except for those in dispute with the government.
Section 40 Removed: The Waqf Amendment Bill 2025 proposes the repeal of Section 40 of the Waqf Act, a clause deemed excessively restrictive, as it empowered the Waqf Board to classify any property as Waqf land.
Trusts Excluded: The Waqf Amendment Bill 2025 delineates a legal distinction between trusts and Waqfs, ensuring that trusts established by Muslims, regardless of their creation date, are exempt from Waqf regulations if they are subject to alternative statutory provisions concerning public charities.
Eligibility for Waqf: Only practicing Muslims with a minimum of five years of adherence will be permitted to dedicate property to Waqf, thereby reinstating the regulations prior to 2013.
Protection of inheritance rights: The Waqf Amendment Bill 2025 guarantees that women and children are entitled to their rightful inheritance prior to any property being designated as Waqf, with particular protections for widows, divorced women, and orphans.
Implementation of the Limitation Act, 1963: The bill applies the Limitation Act, 1963, to Waqf properties from the date the amendment takes effect, aiming to reduce extended legal disputes.
Protection of Tribal Lands: The Waqf Amendment Bill 2025 explicitly forbids the establishment of Waqf on lands designated under Schedule V and Schedule VI of the Constitution to protect the rights of tribal communities.
Waqf Tribunal's Composition: The initial draft suggested a reduction to two members, but the amended Waqf Amendment Bill maintains a three-member structure as per the Joint Parliamentary Committee's recommendation.
Investigation of Government Properties: The Waqf Amendment Bill 2025 stipulates that any government land or property asserted as Waqf shall be examined by an officer of a rank superior to that of a collector, thereby ensuring a more transparent and authoritative review process.
Dispute Resolution: In instances of property disputes, a senior government official will possess the ultimate authority to ascertain the ownership of the property, determining whether it is under Waqf or government jurisdiction, thereby superseding the current Waqf tribunals.
Appeal Mechanism: The Waqf Amendment Bill 2025 establishes a provision for appealing Waqf Tribunal decisions to the High Court, rectifying the existing limitation of the High Court's revisional authority.
Enhanced Transparency: The Waqf Amendment Bill 2025 mandates improved governance of Waqf properties by obligating mutawallis to register all property information on a centralised portal within six months.
Financial Reforms: The legislation decreases the obligatory contribution of Waqf institutions to Waqf boards from 7% to 5%, thereby enhancing their financial flexibility and enabling a greater allocation of resources to charitable endeavours.
Income Audit: Furthermore, entities with an annual income exceeding ₹1 lakh will be subject to government-mandated audits to guarantee financial transparency.
Waqf Amendment Bill 2025 Significance

The Waqf Amendment Bill 2025 is a pivotal legislative initiative designed to modernise and enhance the administration of Waqf properties in India. It is important for the following reasons:
Transparency and Accountability: Improves oversight and regulations to avert the misuse and mismanagement of Waqf properties.
Optimised Administration: Enhances procedures and employs technology to refine record-keeping and minimise bureaucratic delays.
Property Protection: Implements more severe penalties and enhances Waqf Board authority to deter encroachment and unlawful transfers.
Inclusion and Diversity: Requires increased representation of women and non-Muslims on Waqf Boards to enhance diversity and community representation.
Addressing Historical Issues: Implements new regulations to combat corruption and inefficiency in Waqf property management.
Waqf Amendment Bill 2025 Criticisms:

The Waqf (Amendment) Bill, 2025, has generated considerable controversy and criticism following its presentation in the Lok Sabha. Many perceive it as an effort to subvert the autonomy of the Muslim community regarding its religious matters.
Violation of Religious Rights: Detractors contend that the bill violates the constitutional rights of minorities, specifically religious liberty as outlined in Articles 14, 25, 26, and 29.
The compulsory inclusion of non-Muslims on Waqf boards is perceived as an intrusion into the community's administration of its religious assets.
Increased Government Control: The legislation consolidates authority by bestowing considerable powers upon state entities regarding Waqf properties and related disputes. This transition is perceived as bureaucratic overreach, likely resulting in delays and legal disputes.
Insufficient Community Consultation: The bill has faced criticism for inadequate engagement with Muslim stakeholders, prompting concerns regarding its legitimacy and acceptance within the community.
Exclusion of Historical Context: The bill eliminates provisions for acknowledging "Waqf by user," potentially endangering properties historically utilised for Waqf purposes lacking formal documentation.
Potential for Increased Disputes: The removal of Waqf Tribunal authority and the transfer of property determination to district collectors may result in an escalation of disputes and complicate the resolution process.
Concerns Over Non-Muslim Representation: Critics oppose the requirement for non-Muslim members on Waqf boards, contending that such representation could compromise the boards' integrity due to insufficient comprehension of Islamic law.