Key Changes in the Waqf (Amendment) Bill 2025 – What You Need to Know

                                                            Image:Photo by Nitesh on Unsplash

The Waqf (Amendment) Bill, 2025, has stirred significant debate across political and religious circles. Introduced by Union Minority Affairs Minister Kiren Rijiju, the bill proposes major reforms to the Waqf Act, 1995, impacting the governance and ownership of waqf properties in India. With opposition protests and concerns from various stakeholders, it's crucial to understand what these changes mean for the future of waqf properties. Here’s a breakdown of the key amendments and their implications.

1. Retention of ‘Waqf by User’ Properties

One of the biggest changes in the earlier draft was the removal of the ‘waqf by user’ doctrine. This principle recognized properties as waqf based on uninterrupted communal use, even without formal documentation. The revised bill ensures that waqf properties registered before the law’s enactment will retain their status unless contested. However, a controversial clause requires individuals to prove they have practiced Islam for at least five years to establish a waqf, sparking criticism for excluding new converts.

2. Inclusion of Non-Muslims in Waqf Governance

For the first time, non-Muslims can be part of key waqf institutions, including the Central Waqf Council, State Waqf Boards, and waqf tribunals. The bill allows the nomination of non-Muslim Members of Parliament to the Central Waqf Council and the appointment of non-Muslim officials to Waqf Boards. While the government argues this will improve transparency and efficiency, critics claim it interferes with the community’s right to self-management.

3. Government-Controlled Surveys of Waqf Properties

Previously, district collectors were responsible for surveying waqf properties. The amended bill now requires senior government officers above their rank to conduct these surveys, especially in disputes over government ownership. The new framework empowers these officials as the final decision-makers, replacing the waqf tribunals that previously handled such matters.

4. Centralized Digital Registration of Waqf Properties

To improve record-keeping, the bill mandates a central online portal for registering waqf properties within six months of enactment. The concerned waqf tribunal can extend this deadline if the custodian (muttawali) provides a valid reason. This aims to enhance transparency and prevent unauthorized claims.

5. Application of Limitation Act to Waqf Properties

The bill proposes to repeal Section 107 of the Waqf Act, 1995, which exempted waqf properties from the Limitation Act, 1963. This means anyone who has occupied waqf land for over 12 years may claim ownership through adverse possession. Critics warn this could lead to the loss of waqf properties due to historical encroachments.

6. Judicial Review for Waqf Tribunal Decisions

Previously, waqf tribunal decisions were final. The new bill introduces a provision allowing appeals to the High Court within 90 days of a tribunal’s ruling. This change aims to improve judicial oversight but also places additional legal hurdles on waqf boards.

Conclusion

The Waqf (Amendment) Bill, 2025, brings substantial reforms with far-reaching implications. While the government argues that these changes improve governance, opposition voices raise concerns over potential threats to religious autonomy. As the bill progresses, it remains a hot topic of discussion. What are your thoughts on these amendments? Share your views in the comments!

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