Introduction
The Waqf (Amendment) Act, 2025, marks a significant legislative shift in the governance of waqf properties in India. New Waqf Amendment Law was a reform to increase transparency and efficiency, this law has sparked intense debate for allegedly diminishing the autonomy of religious endowments managed by the Muslim community.
Key Features of the New Waqf Amendment Law
The new Waqf Amendment Law has the following features:
1. Restructuring of Waqf Boards
The amended law alters the structure of waqf management at both state and central levels. Notably:
– Representation from Muslim women and different sects is now mandatory.
– For the first time, a considerable number of non-Muslim members can be nominated to waqf boards, particularly by the government.
– This has raised questions over community representation, as the boards may now be influenced heavily by state authority rather than by members of the religious group directly affected.
2. Elimination of ‘Waqf-by-User’ Doctrine
One of the most controversial changes made by the new waqf act is the abolition of the long-standing concept of “waqf-by-user.” This principle had previously allowed land used for religious purposes over a long period to be deemed waqf property, even without formal documentation. With its removal, many historically recognized religious sites could lose protection, making them vulnerable to legal disputes or state acquisition.
3. Enhanced Role of the District Administration
Under the new Waqf Amendment law, the District Collector holds greater authority in matters concerning waqf land surveys and decisions on its legal status. Critics argue this empowers the state bureaucracy to interfere with religious property management without adequate checks or community input.
4. Push for Digitization and Auditing
To improve accountability, the new waqf amendment law mandates:
– Digitization of all waqf properties within a defined time frame.
– Annual audits for institutions with income exceeding ₹1 lakh.
– Financial contributions by waqf institutions to the Central Waqf Council are now reduced, which some see as a relief but others view as a control mechanism over funding flows.
Arguments in Favour of the New Waqf Amendment Law
Supporters of the amendment argue that it was necessary to curb widespread mismanagement, encroachment, and corruption in the administration of waqf properties. They believe that:
– Professionalization of boards and digitization will bring much-needed accountability.
– The inclusion of diverse voices, including women and minority sects, promotes inclusivity.
– Government oversight ensures public interest in the use of large-scale charitable land holdings.
New Waqf Amendment Law Raises Concerns
However, the law has also triggered widespread resistance. Critics assert that:
– The shift from community-led boards to government-nominated ones erodes religious freedom and self-governance.
– Granting administrative officers like Collectors power to decide on waqf status bypasses judicial processes.
– The exclusion of waqf-by-user affects thousands of undocumented but traditionally recognized religious sites.
Legal scholars and religious leaders warn that this law may be a veiled form of state overreach, potentially violating constitutional protections under Articles 25 and 26, which safeguard religious practices and management of religious institutions.
Conclusion
The New Waqf Amendment Law of 2025 attempts to modernize an age-old system, but its approach has raised concerns over secularism, autonomy, and constitutional balance. While transparency and regulation are necessary, the means adopted should respect the cultural and religious sensitivities of the communities affected.
