What is the Waqf (Amendment) Bill? A Simple Guide for Beginners

The Waqf Bill, formally known as the Waqf (Amendment) Bill, 2025, is a bill introduced to amend the existing Waqf Act, 1995. It was passed by the Lok Sabha on April 2, 2025, and aims to update the laws governing the administration and management of Waqf properties—assets dedicated by Muslims under Islamic law for religious, charitable, or pious purposes.

Waqf properties include mosques, dargahs, graveyards, educational institutions, hospitals, and other community welfare assets. These are managed by Waqf Boards across India, which oversee their use and ensure they serve the intended purpose. Over the years, concerns have been raised regarding the governance, transparency, and regulation of these properties, leading to calls for reforms.

The new amendment aims to streamline administration, improve accountability, and address disputes related to Waqf properties. However, like any significant legal change, it has generated discussions on its potential impact.

This article will break down the Waqf system, the key changes in the new bill, and the different viewpoints surrounding it, helping you understand what the bill means and why it matters.

Let’s begin with the basics.

Understanding Waqf: The Basics

What is Waqf?

Waqf is a system in which a person donates property or assets for religious, charitable, or social welfare purposes under Islamic law. Once a property is declared as Waqf, it cannot be sold, transferred, or inherited—it is meant to serve the community forever.

Examples of Waqf Properties

Waqf properties can be found all over India and include:

• Mosques and dargahs – Places of worship and spiritual significance.

• Educational institutions – Schools, madrasas, and colleges providing free or subsidized education.

• Hospitals and orphanages – Facilities offering healthcare and shelter to the needy.

• Graveyards and shelters – Land allocated for burial and housing for the underprivileged.

How Are Waqf Properties Managed?

Waqf properties are overseen by State Waqf Boards, which operate under the Central Waqf Council. These boards are responsible for:

• Maintaining records of Waqf properties.

• Resolving disputes over ownership and use.

• Ensuring the properties are used for their intended purpose.

• Generating revenue for community welfare (in some cases, through leasing non-religious properties).

How Big is Waqf in India?

According to government records, Waqf Boards in India manage approximately 39 lakh acres of land, with a significant increase in recent years. From 1913 to 2013, they owned about 18 lakh acres, and an additional 21 lakh acres were added between 2013 and 2025.

Waqf Boards are the third-largest landowners in India, after the Indian Railways and the Defence Department

The estimated value of Waqf properties is around ₹1.2 lakh crore.

However, mismanagement and encroachments have led to legal disputes and financial losses, making reforms a recurring topic of discussion.

With this background in mind, let’s look at why the Waqf (Amendment) Bill, 2025, was introduced.

A Brief History of Waqf in India

The concept of Waqf has existed for centuries, with its roots in Islamic tradition. In India, Waqf properties have been established since the Delhi Sultanate (13th century) and continued through the Mughal era, where rulers and wealthy individuals donated land and assets for religious and charitable purposes.

Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan in the 12th century, marking one of the first recorded Waqfs in the Indian subcontinent.

Key Historical Developments

• Early Waqf Institutions (13th–18th Century)

  • Many mosques, madrasas, and hospitals were established under the Waqf system.

  • The Mughal emperors patronized Waqf properties, ensuring their protection and maintenance.

• British Era (18th–20th Century)

  • The British colonial government introduced new land laws, leading to disputes over Waqf ownership.

  • Several Waqf properties were seized or mismanaged, prompting legal interventions.

  • In 1913, the Mussalman Wakf Validating Act was passed to recognize Waqf properties legally.

• Post-Independence Reforms

  • Waqf Act, 1954 – The first official law to regulate Waqf properties in independent India.

  • Waqf Act, 1995 – Replaced the 1954 Act, strengthening Waqf Boards and mandating better record-keeping.

  • 2013 Amendments – Introduced stricter rules for Waqf property registration and penalties for encroachment.

The Waqf (Amendment) Bill, 2025, is the latest attempt to address long-standing governance challenges and improve the administration of Waqf properties across India.

Background of the Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025 was introduced to address concerns related to the management, transparency, and regulation of Waqf properties in India. Over the years, issues such as property disputes, encroachments, and lack of accountability have led to calls for reform.

Why Was the Amendment Introduced?

Several challenges prompted the need for changes to the Waqf Act, 1995:

1. Encroachment on Waqf Properties – Reports indicate that a significant portion of Waqf land is illegally occupied, leading to loss of revenue and legal battles.

2. Lack of Proper Documentation – Many Waqf properties lack clear records, resulting in ownership disputes.

3. Accountability Issues – Some Waqf Boards have faced allegations of mismanagement, raising concerns about transparency.

4. Legal Disputes – There have been conflicts between Waqf Boards, private individuals, and government agencies over land ownership and usage.

5. Need for Streamlined Administration – Calls for a more efficient system to monitor and regulate Waqf properties led to the push for reforms.

Previous Attempts at Reform

• Waqf Act, 1954 – The first law in independent India to regulate Waqf properties.

• Waqf Act, 1995 – Strengthened the role of Waqf Boards and introduced the Central Waqf Council to oversee state boards.

• 2013 Amendments – Made it mandatory to register all Waqf properties and increased penalties for encroachments.

Despite these reforms, challenges remained, leading to the 2025 amendment. The government has stated that this bill is a step toward modernizing Waqf administration and ensuring fair regulation.

Now, let’s examine the key provisions of the Waqf (Amendment) Bill, 2025 and what changes it proposes.

Key Provisions of the Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025, introduces several changes to improve the administration, transparency, and regulation of Waqf properties. Here are the key provisions of the bill:

1. Stricter Rules for Waqf Property Documentation

• The bill mandates proper registration of all Waqf properties, ensuring that clear ownership records are maintained.

• Digital records of Waqf properties will be made available to prevent fraud and disputes.

2. Increased Government Oversight

• The Central Waqf Council will have a greater role in monitoring State Waqf Boards, ensuring compliance with regulations.

• The government can audit Waqf Boards and take action if irregularities are found.

3. Encroachment Prevention and Penalties

• The bill proposes harsher penalties for illegal encroachment on Waqf properties.

• Authorities will have more power to remove unauthorized occupants and take legal action against them.

4. Faster Resolution of Disputes

• Special tribunals will be strengthened to speed up legal cases related to Waqf property disputes.

• The bill introduces time-bound resolution mechanisms, ensuring that cases do not drag on for years.

5. Transparency in Waqf Property Leasing

• New rules will ensure fair leasing practices, preventing corruption and misuse.

• Lease agreements will need approval from higher authorities, reducing the chances of fraud.

6. Streamlining Waqf Board Appointments

• The eligibility criteria for Waqf Board members will be made stricter to ensure qualified and accountable leadership.

• Political and personal influences in appointments will be minimized to improve efficiency.

7. Enhanced Use of Technology

• A national database of Waqf properties will be created to improve tracking and prevent disputes.

• Digital platforms will be used for filing complaints, tracking legal cases, and maintaining financial records.

However, not everyone agrees with these changes. Let’s explore the reactions and debates surrounding the bill.

Reactions and Debates on the Waqf (Amendment) Bill, 2025

The Waqf (Amendment) Bill, 2025, has sparked discussions across different sections of society. While some believe it is a necessary step for transparency and better governance, others criticize certain provisions, fearing misuse or loss of autonomy.

1. Government’s Justification for the Bill

The government argues that the amendments are meant to:

• Prevent illegal encroachments on Waqf properties.

• Ensure accountability in Waqf Board management.

• Speed up dispute resolution to protect rightful ownership.

• Modernize record-keeping using digital tools.

Officials claim that these reforms will help safeguard Waqf properties and improve financial management, ensuring that the income generated is used for its intended charitable and religious purposes.

2. Supporters’ Views

Many believe that the bill will bring positive changes, such as:

• Better Transparency – Digital records and audits will reduce fraud and land disputes.

• Stronger Legal Protection – Tougher laws will help protect Waqf lands from illegal occupation.

• More Efficient Waqf Boards – Stricter qualifications for board members will ensure better management.

• Faster Dispute Resolution – Dedicated tribunals will reduce delays in legal cases.

3. Concerns Raised by Critics

Some groups, however, oppose certain aspects of the bill, fearing:

• Increased Government Control – Critics argue that giving the government more power over Waqf Boards could reduce community autonomy.

• Potential Misuse of Authority – Some worry that new encroachment laws might be misused to unfairly take control of properties.

• Impact on Religious Freedom – Concerns exist over whether the amendments might affect the independent functioning of Waqf institutions.

• Lack of Community Consultation – Some feel that the government should have involved more Muslim community leaders in drafting the bill.

4. Legal and Political Reactions

• Legal experts have mixed views—some support stricter governance, while others believe certain clauses need better clarity.

• Political parties have taken different stands, with some supporting the bill as a necessary reform and others seeing it as an overreach of government power.

What’s Next?

With strong opinions on both sides, the bill’s implementation and execution will determine its actual impact. If applied fairly and transparently, it could protect and better manage Waqf properties. However, concerns over government overreach and possible misinterpretation of the law remain key areas of debate.

Frequently Asked Questions (FAQs) about the Waqf (Amendment) Bill, 2025

1. What is the Waqf (Amendment) Bill, 2025?

The Waqf (Amendment) Bill, 2025, is legislation passed by India’s Lok Sabha on April 2, 2025, aiming to amend the existing Waqf Act of 1995. It seeks to improve the administration, transparency, and regulation of Waqf properties—assets dedicated under Islamic law for religious, charitable, or pious purposes.

2. What are the key changes proposed in the bill?

The bill introduces several significant changes:

• Inclusion of Non-Muslim Members: Proposes adding non-Muslim members to the Central Waqf Council and state Waqf Boards to enhance diversity and oversight.

• Government Authority in Dispute Resolution: Grants the government power to determine ownership of disputed Waqf properties.

• Enhanced Transparency Measures: Aims to curb corruption and mismanagement within Waqf institutions.

3. Why was this amendment introduced?

The government introduced the amendment to address longstanding issues such as mismanagement, corruption, and illegal encroachments on Waqf properties. The bill aims to modernize Waqf administration and ensure that these assets are used effectively for their intended charitable and religious purposes.

4. How many Waqf properties are there in India?

According to the Ministry of Minority Affairs, there are approximately 872,328 immovable Waqf properties and 16,713 movable properties across India.

5. Which state has the highest number of Waqf properties?

Uttar Pradesh has the highest number of Waqf properties, accounting for approximately 27% of the total in India.

6. What are the concerns raised about the bill?

Critics and opposition groups have expressed concerns that:

• The inclusion of non-Muslim members could undermine the autonomy of Muslim religious institutions.

• Granting the government authority to determine property ownership might lead to potential misuse and encroachment on Muslim property rights.

• The bill could be perceived as an attempt to control assets owned by the Muslim community, potentially affecting their constitutional rights.

7. What is the current status of the bill?

As of April 2, 2025, the bill has been passed by the Lok Sabha. It is pending approval from the Rajya Sabha and requires presidential assent before becoming law.

8. How will the bill impact the management of Waqf properties?

If enacted, the bill is expected to:

• Introduce more diverse representation in Waqf Boards.

• Enhance government oversight in property disputes.

• Implement measures aimed at reducing corruption and improving transparency in the management of Waqf assets.

9. How does the bill propose to handle disputes over Waqf properties?

The bill empowers the government to determine ownership of disputed Waqf properties, aiming for more efficient resolution of such disputes.

10. What steps can be taken to address the concerns of the Muslim community regarding this bill?

To address concerns:

• The government could engage in open dialogues with Muslim community leaders and stakeholders.

• Ensure that the implementation of the bill respects the autonomy of religious institutions.

• Establish clear guidelines and safeguards to prevent potential misuse of the new provisions.

Note: This FAQ is based on information available as of April 3, 2025. For the most current details and developments, please refer to official government releases and reputable news sources.