Waqf debate spans law, politics, freedoms, rights and regulation

The waqf system in India has historically played a crucial role in supporting religious, educational and social welfare institutions.

The Lok Sabha on Thursday passed a comprehensive amendment to the Waqf Act, bringing about fundamental changes in the governance, management and legal status of waqf properties in India. The proposed amendments seek to introduce stricter regulations on property dedication to waqf, remove the controversial “waqf by user” provision for future cases, authorise senior government officials to survey and investigate waqf properties, and introduce non-Muslim representation in waqf boards.

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While the government has justified these changes as necessary to enhance transparency, curb mismanagement and ensure better regulation of waqf properties, the move has sparked intense debate, with many critics and the Opposition parties arguing that it interferes with the religious autonomy of the Muslim community.

The waqf system in India has historically played a crucial role in supporting religious, educational and social welfare institutions. Under the existing law, a waqf is a charitable endowment in which property is donated for religious or philanthropic purposes, with its ownership vested permanently in Allah, and the revenue from it being used for causes such as maintaining mosques, madrasas, orphanages and other welfare initiatives. The 1995 Waqf Act and its 2013 amendment – brought by the then United Progressive Alliance government – built the legal framework governing these properties, establishing state waqf boards responsible for their oversight. However, the Union government has now asserted that widespread mismanagement, fraudulent land claims and legal disputes necessitate a thorough revision of the waqf law to bring clarity and accountability to its administration.

Given the deep historical, religious and legal significance of waqf properties in India, understanding the proposed changes, and the political and social debates surrounding them, is crucial. The bill, originally introduced in Parliament last year, was sent to a 31-member joint parliamentary committee, and the new bill incorporates every recommendation made by JPC.

Waqf properties, which have existed in India for centuries, play an essential role in supporting mosques, madrasas, orphanages, and other social welfare institutions.

However, disputes over waqf land, allegations of mismanagement, and controversial claims over public and private property have led to increasing legal conflicts. The government’s amendments aim to address these challenges, but the changes have also raised concerns about state overreach and religious freedoms.

Stricter eligibility criteria for waqf dedications

One of the most significant changes in the proposed amendments is the introduction of stricter eligibility criteria for individuals seeking to dedicate property to waqf. Under the current law, any person, regardless of religion, can dedicate property for waqf purposes. The new amendments, however, restrict this right to only those who have been practising Muslims for at least five years. This marks a return to the pre-2013 provision, which had been relaxed in the last amendment.

Following the recommendations of JPC, the bill further clarifies that individuals must be able to “demonstrate or show” that they have practised Islam for at least five years before they can dedicate property to waqf. According to the government, this measure is necessary to prevent arbitrary or fraudulent dedications, ensuring that waqf remains an institution governed by individuals with a clear religious connection. However, critics argue that this provision creates an unnecessary religious test and places undue restrictions on individuals who wish to contribute to waqf.

Revising the “waqf by user” doctrine

The removal of the “waqf by user” principle is another major change in the proposed amendments. Under the current legal framework, any land or property that has been used by a Muslim community for religious or charitable purposes for an extended period, regardless of whether it was formally dedicated, could be declared as waqf. This principle has led to several legal disputes, especially in cases where private or public land was retrospectively claimed as waqf property.

Initially, last year, the government had proposed a complete repeal of the “waqf by user” provision, including retroactively affecting already registered properties. However, after JPC deliberations, the final amendment now states that all existing waqf by user properties registered before the enactment of the Waqf (Amendment) Act, 2025, will remain waqf properties unless they are subject to dispute or identified as government land. In effect, the government has retained this principle for historical cases but has barred its application in future land claims. This change manifestly attempts to strike a balance between protecting existing waqf properties and preventing new disputes over land ownership.

Increased government oversight in waqf property surveys

The new amendments also propose stricter government oversight over the identification and management of waqf properties. Currently, waqf surveys are conducted by waqf survey commissioners, who are responsible for maintaining records of waqf land. The amended law, however, expands the role of government officials, allowing district collectors to conduct surveys of such properties.

In cases where a waqf claim involves government land, the amendments propose that an officer “above the rank of collector” will be responsible for investigating the claim and submitting a report to the state government. Before the JPC deliberations, this power was sought to be vested in collectors under the 2024 bill. The amendment, according to the government, is designed to prevent unwarranted claims over public land and ensure greater transparency in disputes involving waqf properties. However, some community leaders have raised concerns that this provision could lead to increased state control over waqf lands, potentially reducing the autonomy of waqf boards and making it easier for the government to challenge waqf claims.

Another significant legal change in the bill is the removal of Section 40 of the Waqf Act. This section previously allowed waqf boards to unilaterally declare a property as waqf without needing external verification. Over the years, this provision led to numerous controversial cases, with entire villages and large private properties being declared waqf. By removing this section, the government aims to prevent what it sees as the arbitrary misuse of waqf laws for unjustified land claims.

Inclusion of non-Muslims in waqf boards

Perhaps the most contentious aspect of the proposed amendments is the provision mandating the inclusion of non-Muslim members in waqf boards. Under the new bill, both the Central Waqf Council and State Waqf Boards will be required to have at least two non-Muslim members. Additionally, the requirement that the chief executive officer of a waqf board must be a Muslim has been removed.

The government has justified this move as an effort to make waqf administration more inclusive and transparent. However, this provision has drawn sharp criticism from Muslim religious bodies, who argue that waqf is an inherently religious endowment under Islamic law, and non-Muslims should not have a role in its governance. Critics further point out that Hindu religious boards do not allow non-Hindus in their administration, making this provision appear particularly controversial and targeted.

Protection of women’s inheritance rights

The amendments introduce a new provision aimed at protecting the inheritance rights of women before property is dedicated to waqf. The bill explicitly states that before creating a family waqf (waqf-alal-aulad), a waqif (donor) must ensure that all legal heirs, including women, have received their rightful inheritance. This provision is particularly important for widows, divorced women, and orphans, preventing waqf dedications from being used as a means to deprive rightful heirs of their inheritance.

Strengthening transparency and financial accountability

The government is also taking steps to improve transparency and financial accountability in waqf management. The bill mandates that all mutawallis (managers of waqf properties) must register property details on a central government portal within six months. This measure aims to create a centralised and easily accessible database of waqf properties, reducing instances of fraud and mismanagement.

Additionally, waqf institutions earning over ₹1 lakh annually will now be subject to mandatory audits by state-appointed auditors. This provision is designed to ensure greater financial accountability and prevent misuse of waqf funds. In a move to ease the financial burden on waqf institutions, the mandatory contribution to waqf boards has been reduced from seven percent to five percent, allowing institutions to retain more funds for charitable activities.

As the bill moves through Parliament, it is expected to ignite intense debates both within and outside the legislative chambers. While the government has positioned the amendments as essential reforms to modernise waqf administration and prevent land disputes, critics and the Opposition parties argue that they amount to excessive state interference in religious matters. With elections on the horizon, the proposed law is likely to become a politically charged issue, raising broader questions about religious freedoms, minority rights and government control over religious endowments.