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Waqf Amendment Act 2025: Reform or Interference? A Deep Dive into the New Law

India’s Parliament recently passed the Waqf (Amendment) Act, 2025, sparking intense debate across legal, religious, and political circles. The law proposes major changes in the way waqf properties—charitable endowments under Islamic law—are governed, managed, and monitored.

While the government hails it as a step toward transparency and accountability, critics argue it is a veiled attempt at undermining the autonomy of Muslim religious institutions.

Let’s explore what’s changing, why it matters, and what it means for the future of secularism and minority rights in India.

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What is Waqf?

A waqf is a permanent endowment of property—often land or buildings—by a Muslim individual for religious, educational, or charitable purposes. These properties are managed by Waqf Boards, governed under the Waqf Act of 1995, which was built on a long legislative history tracing back to colonial India.

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Why Was the 2025 Amendment Introduced?

According to the government, there were three primary reasons:

1. Widespread Mismanagement: Many waqf properties across India have faced encroachment, poor maintenance, or illegal leasing.
2. Lack of Transparency: There were calls for digitization and better public access to waqf property records.
3. Demands for Broader Oversight: Critics and social organizations alleged that existing Waqf Boards functioned opaquely, without accountability to the public.

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Key Provisions of the Waqf (Amendment) Act, 2025

1. Inclusion of Non-Muslim Members

For the first time, the Act permits non-Muslims to be appointed to the Central Waqf Council and State Waqf Boards. The government claims this promotes inclusivity and cross-community transparency. Critics argue it violates the principle of religious self-governance.

2. Empowered Government Role in Disputes

The law gives the central and state governments power to resolve property disputes. If the ownership of a waqf property is challenged, the government can now intervene, verify records, and issue rulings. This provision has led to fears of waqf land being arbitrarily claimed or seized.

3. Mandatory Digitization of Records

A central database for all waqf properties will be created. All properties must be geo-tagged, registered, and uploaded with verified ownership and usage history.

4. Changes in Registration Procedure

The amendment mandates stricter, standardized procedures for registration of new waqf properties. Properties without proper documentation or proof of dedication may be excluded from the waqf list.

5. Right to Appeal

The Act provides the right to appeal tribunal decisions to the High Court, enhancing legal recourse for individuals or institutions affected by Waqf Board decisions.

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Supporters Say...

• It brings transparency, digital oversight, and public accountability.
• The reform targets corruption and misuse of waqf assets.
• Government oversight helps prevent encroachments and illegal sales.

Quote from the Ministry of Minority Affairs: "This law empowers the community by ensuring every inch of waqf property is protected and used for its true purpose."

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Critics Argue...

• It violates religious autonomy guaranteed by the Constitution.
• Inclusion of non-Muslims is seen as intrusion into religious governance.
• It opens the door to state control and potential land grabs under bureaucratic pretexts.
• Several waqf lands are hundreds of years old, often lacking documentation—making them vulnerable to declassification.

Quote from All India Muslim Personal Law Board (AIMPLB): "The state cannot appoint a non-Hindu to manage a temple. Why apply a different standard to waqf?"

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Legal and Constitutional Concerns

• Article 26 of the Indian Constitution guarantees every religious denomination the right to manage its own affairs in matters of religion.
• Critics argue the 2025 law violates this right by interfering in internal religious matters.
• Petitions are expected to be filed in the Supreme Court challenging the law’s constitutionality.

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Conclusion: Reform or Overreach?

The Waqf (Amendment) Act, 2025 is one of the most far-reaching reforms in India’s religious institutional framework in decades. Its stated objectives—cleaning up waqf governance and improving transparency—are noble. But the method, especially the inclusion of non-Muslim members and increased state control, raises serious questions.

As the law begins to roll out, its impact on religious freedom, minority rights, and property governance will be watched closely by legal experts, religious leaders, and civil society alike.

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What Do You Think? Is the Waqf Amendment a bold reform or a subtle way to dilute minority rights?
Join the conversation and share your perspective.

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