The Waqf (Amendment) Act, 2025: A Critical Turning Point
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The Waqf (Amendment) Act, 2025, has emerged as a significant and controversial piece of legislation in India. Intended to reform the administration of Waqf properties—land or assets endowed by Muslims for religious, charitable, or educational purposes—the Act has sparked intense debate. While the government claims it aims to boost transparency and efficiency, critics argue that it undermines the rights of the Muslim community and threatens their religious and cultural heritage.
🔍 Understanding Waqf in India
Definition: Waqf refers to the permanent dedication of property by a Muslim for purposes recognized under Islamic law—typically religious, charitable, or pious in nature.
Extent: India is home to over 6 lakh Waqf properties, including mosques, graveyards, schools, and hospitals, which are managed by State Waqf Boards under the oversight of the Central Waqf Council.
Legal Framework: The Waqf Act of 1995 provides the legal foundation for the protection and management of these properties.
⚖️ Key Provisions of the Waqf (Amendment) Act, 2025
Inclusion of Non-Muslim Members
The Act mandates the appointment of non-Muslims to the Central Waqf Council and State Waqf Boards.
Critics contend this may contravene Article 26 of the Indian Constitution, which grants religious denominations the right to manage their own affairs.
Abolition of ‘Waqf by User’
The concept that prolonged religious use of a property can render it Waqf has been removed.
This change puts many undocumented religious sites—like old mosques or graveyards—at risk of derecognition.
Expanded Government Oversight
The amendments allow state authorities to adjudicate disputes and determine ownership of Waqf properties, leading to increased state control.
🗣️ Reactions and Criticisms
Opposition Parties: The Indian National Congress and other parties have criticized the Act as unconstitutional and promised to challenge it in the Supreme Court.
Muslim Organizations: Bodies such as the All India Muslim Personal Law Board (AIMPLB) have led protests, alleging that the law threatens community autonomy and could enable encroachment of Waqf lands.
Legal Experts: Many have expressed concern that the Act could trigger a spike in legal disputes and exacerbate communal tensions.
📈 Implications and the Road Ahead
Judicial Review: The law is expected to face legal challenges, especially on grounds related to fundamental rights and religious freedom.
Impact on the Community: There is growing unease that these changes may alienate the Muslim community and risk the loss of religious and historical sites.
Policy Suggestions: To address concerns, it is essential to engage stakeholders, uphold constitutional protections, and promote transparency in Waqf governance.
