Dr. Intekhab Alam
New Delhi: Days after its passage from both houses of Parliament following marathon debates, the Waqf (Amendment) Bill, 2025, got assent of President Droupadi Murmu to become a law.
The Lok Sabha (Lower House of Parliament) had cleared the contentious bill earlier on March 3 after 13-hour late night debate, with 288 MPs supporting and 232 against it. The proposed legislation was approved by the Rajya Sabha (Upper House of Parliament) in the early hours of March 4 with 128 votes in favour and 95 against, following around 17 hours of discussion.
Jagdambika Pal, Bhartiya Janata Party (BJP) MP and chairman of the Joint Parliamentary Committee on the Waqf Bill, described it a “historic bill”.
“The poor and pasmanda (marginalised) Muslims will hugely benefit from the bill…they will get representation in waqf boards…some people are trying to mislead the people…the bill is very transparent…the properties of the waqf were being misused and the poor were deprived of its benefits,” he told the media.
Hailing the passage of the bill from both houses as a “watershed moment”, Prime Minister Narendra Modi said that the waqf system had long suffered from a lack of transparency and accountability. “This legislation will boost transparency and safeguard people’s rights,” he wrote on X.
The Waqf (Amendment) Bill, which has now become Waqf (Amendment) Act, as claimed by the government, aims to reform the governance of waqf properties, enhance transparency in dealings and ensure representations from different Muslim sects and women in waqf boards.
It is also claimed that moving forward, waqf boards and the Central Waqf Council will be inclusive and secular as it will have non-Muslim members as well. While the boards have two non-Muslim members, the council will include not more than four members from outside the community.
While the government claims the Act is aimed at transparency and reform, critics argue that it is an attack on religious autonomy and property rights.
The incumbent BJP emphasised that the new law aligns with UMEED — Unified Waqf Management Empowerment, Efficiency and Development — to modernise property administration.
However, Opposition leaders accused the government of pushing a “divisive” agenda and called the law “anti-secular” and “unconstitutional” that is intended for “communal polarisation”.
Do you know what provisions in the amended waqf act could potentially harm Indian Muslims, either immediately or in the future?
Let’s understand these provisions in detail:
The Act abolished the concept of “waqf by user”, which recognised properties as religious or charitable endowments based on their uninterrupted communal use, even in the absence of formal documentation. Now, waqf property will only be recognised based on written documents.
Potential harm: There are over 400,000 waqf properties in the country that are recognised as waqf based on historical use, such as mosques, dargahs (shrines), madrasas and graveyards. Many of these do not have formal documentation. This provision could revoke the waqf status of these properties, making them susceptible to being taken over by the government or private entities.
Statistics: According to the Sachar Committee (2006) report, India had 490,000 waqf properties, which has now grown to over 870,000. More than 40% of these properties lack complete documentation.
2. Appointment of non-Muslim members in the waqf boards
The Act has the provision for the appointment of non-Muslim members in the waqf boards, with the state government having the authority to nominate them. The proposal mandates at least two non-Muslim members.
Potential harm: This provision is considered a violation of Article 26 of the Constitution, which grants religious communities the right to manage their affairs. If non-Muslims become a majority, it could reduce Muslim control over waqf properties, thereby affecting religious autonomy.
Statistics: At present, there are over 30 state waqf boards, all of whose members are from the Muslim community. This change could increase external influence on the board’s decisions.
Notably, no Hindu trust, mutt or committee across the country presently has Muslim members, nor is there any such requirement.
3. Granting power to the district magistrate for survey and decision
The survey of waqf properties and decisions regarding disputed properties will now be in the hands of the district magistrate (collector), not the Waqf Tribunal.
Potential harm: This provision could reduce the independence of the waqf boards and increase government interference. If a property is declared disputed, it will be treated as government property until the waqf claim is proven, increasing the risk of Muslims losing the properties.
Statistics: Official figures show that 58,889 waqf properties are under encroachment, and over 13,000 are involved in legal disputes. This provision could delay the resolution of these disputes.
4. Five-year condition for waqf creation
The Act states that only those who have been practicing Islam for at least five years can create a waqf.
Potential harm: This condition is seen as discriminatory because it prevents new Muslims from creating waqfs. This raises concerns about religious freedom (Article 25).
Moreover, the provision is vague about how adherence will be verified, leading to the possibility of arbitrary decisions.
Statistics: Thousands of people convert to Islam every year in India (though exact numbers are unavailable), and this provision could limit their rights.
5. Property registration and central portal
All waqf properties must be registered with the district magistrate’s office and on a central portal.
Potential harm: While this might be beneficial for transparency, the lack of documentation for many waqf properties could lead to delays or rejections in registration. This could result in the properties coming under government control.
In the future, this could lead to economic losses for the community, as income from waqf properties (around Rs 2 billion annually) may be affected.
Statistics: It is estimated that waqf properties could generate an annual income of Rs 120 billion, but due to mismanagement and encroachments, this potential remains unfulfilled.
6. Reduction of tribunal’s authority in dispute resolution
Previously, the tribunal’s decisions were final but now appeals can be made to the High Court within 90 days.
Potential harm: This could increase the number of cases, resulting in prolonged uncertainty over waqf properties. Legal battles could become expensive and difficult for the poorer Muslim community.
Statistics: At present, the status of more than 435,000 waqf properties is unknown, and this provision could exacerbate this uncertainty.
These provisions of the Act could immediately impact the ownership and management of waqf properties, putting the existence of religious places like mosques, madrasas and cemeteries at risk.
It may further weaken the economic and social status of the Muslim community in future, as waqf properties are a source of support for the poor and needy.