Waqf Amendment Act 2025: Reform or Communal Trigger?

Part III: Waqf (Amendment) Act, 2025

Table of Contents

Waqf Amendment Act Communal Trigger

Bharat, a nation of 1.4 billion, is a tapestry of diverse cultures and religions. Hindus constitute approximately 80% of the population, while Muslims, at around 14% (roughly 200 million), form the world’s third-largest Muslim community. This diversity is enshrined in a secular Constitution, yet disparities exist in the management of religious endowments. Hindu temples and their offerings often fall under stringent state control, whereas Muslim Waqf Boards have historically exercised expansive powers, sometimes claiming entire villages or religious sites of other communities. In response, the government introduced the Waqf Amendment Act, 2025—officially the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act—aiming to digitize records, rationalize powers within constitutional provisions, and ensure effective utilization of Waqf property income. Notably, the Act includes provisions for non-Muslim representation on Waqf Boards to address concerns over claims on non-Muslim properties.

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While the government presented the bill for Waqf Amendment Act as a necessary reform to ensure transparency and curb corruption, opposition leaders and clerics have labeled it a targeted assault on autonomy, alleging it undermines community rights, a claim that contradicts practices in countries like Turkey, Pakistan, and Malaysia, where state oversight and inclusive governance ensure transparency without compromising waqf’s purpose. This raises the question: Is this reform truly administrative, or has it been deliberately framed as a communal flashpoint by vested interests?

Background: A Legacy of Contention Meets Reform

The institution of waqf in Bharat has its origins in Islamic charitable traditions, with significant growth during the Delhi Sultanate and Mughal periods. Post-independence, the Waqf Act of 1954 centralized the management of these endowments under state Waqf Boards. Subsequent amendments, notably in 1995 and 2013, expanded the powers of these boards, allowing them to claim properties based on long-term religious use or even on the board’s opinion, often without the possibility of judicial challenge. This led to contentious and sometimes irrational claims, including over properties belonging to other communities. By 2025, waqf holdings reportedly spanned over 39 lakh acres, prompting calls for reform to ensure transparency and equitable management.

Legislative Reforms Proposed in Waqf Amendment Act

The original Waqf Act, introduced in 1954 and amended several times since, gave vast autonomy and discretion to state and central waqf boards in managing endowments. However, these boards were frequently accused of corruption, mismanagement, and opaque land dealings. The Sachar Committee Report (2006) noted over 6 lakh acres of waqf land, but audit trails and revenue generation data remained elusive.

The Waqf Amendment Act 2025 seeks to:

Mandate regular audits of waqf properties.
Bring waqf land records under digital governance.
Empower district magistrates to intervene in land disputes.
Curtail arbitrary decisions by Waqf Boards.
Include all sects of Muslims in the boards
Include women members among Muslims to protect womens’ rights
Move a step closer to how waqf is managed in Muslim-majority countries, where state oversight ensures transparency and accountability.

Supporters argue that the Waqf Amendment Act, 2025, streamlines waqf governance to align with constitutional principles of transparency and equality before the law. They emphasize that the primary purpose of waqf is to assist the poor among Muslims, women, and orphans—a goal not effectively met under the previous system. The reforms aim to redirect waqf resources towards scholarships for Muslim girls, healthcare, maternity welfare, and support for widows and orphans. Press Information Bureau

Critics, however, allege that the Waqf Amendment Act encroaches on Muslim religious autonomy. They argue that state involvement in waqf matters undermines religious freedom and the community’s right to manage its own religious institutions ignoring the existing laws of Muslim majority countries. LinkedIn+1Reddit+1

Clarifying Non-Muslim Representation in Waqf Boards

The Waqf Amendment Act, 2025, mandates the inclusion of non-Muslim members in both the Central and State Waqf Boards. This provision aims to enhance transparency and accountability in the management of waqf properties. Historically, there have been instances where Waqf Boards have claimed ownership over entire villages and Hindu religious sites, leading to disputes and concerns among non-Muslim communities. By incorporating non-Muslim members, the Waqf Amendment Act seeks to ensure that the rights and interests of all communities are considered, preventing potential overreach and fostering equitable governance.

Conclusion: Reform or Flashpoint?

The Waqf Amendment Act, 2025, stands at the center of a critical debate. While the government presents it as a much-needed reform for transparency, accountability, and inclusion—especially for women and marginalized Muslims—critics see it as state overreach and a threat to religious autonomy. The inclusion of non-Muslim members in Waqf Boards has particularly stirred controversy when worse is happening with Hindu endovement properties where government controls the major properties with little role of Hindu community.

With over 39 lakh acres of waqf land involved and long-standing concerns over misuse and lack of oversight, the call for reform cannot be ignored. However, the way this law is implemented and perceived across different communities will shape its true legacy.

We will continue to examine how this Act unfolds in practice—its legal implications, public reactions, and its broader impact on communal harmony and governance.

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Glossary of Terms

Waqf: An Islamic endowment of property or land donated for religious or charitable purposes. Once declared waqf, the property cannot be sold or transferred and must be used for the designated purpose perpetually.
Waqf Board: A statutory body established under the Waqf Act to manage, regulate, and oversee waqf properties in a state or at the central level. It ensures compliance with waqf law and oversees administration.
UMEED Act: Acronym for Unified Waqf Management, Empowerment, Efficiency, and Development Act — the official name for the Waqf Amendment Act, 2025, aiming to digitize waqf records, include broader representation, and improve accountability.
Digitization of Records: The process of converting physical waqf land records and property details into digital format for transparency, accessibility, and prevention of manipulation or loss.
District Magistrate (DM): A senior administrative officer of a district who may be empowered by the Waqf Amendment Act to intervene in land disputes involving waqf properties.
Secular Constitution: Refers to the Indian Constitution’s commitment to equal treatment of all religions by the state, without favoring or discriminating against any religious community.
Sachar Committee Report: A 2006 report commissioned by the Government of India to study the social, economic, and educational status of Muslims in India. It highlighted the extent and mismanagement of waqf properties among other findings.
Endowment Property: Assets, usually land or buildings, permanently dedicated to a religious, educational, or charitable cause. In this context, both Hindu temple properties and Islamic waqf lands are considered endowment properties.
Communal Flashpoint: A situation or issue that can potentially trigger tension or conflict between religious communities.
Autonomy (Religious): The ability of a religious group to govern its internal affairs—including property, leadership, and religious practices—without state interference.
Representation Clause: A legal provision requiring members of a particular group—in this case, non-Muslims—to be included in waqf governing bodies for greater inclusivity and accountability.