Waqf (Amendment) Act, 2025 Comes Into Force
Why focus: Parliament Act with sweeping reforms — GS2 Polity. Statutory body composition rules (non-Muslim/women quotas) are prime for Assertion-Reason.
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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Renaming of the Act: The Waqf Act, 1995 is now the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
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Abolition of 'Waqf by user': Previously, long-term religious use could designate a property as Waqf. Now, it requires a formal declaration (waqfnama) by a lawful owner who has practiced Islam for at least five years.
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Composition of Boards: The Central Waqf Council and State Waqf Boards must now include at least two non-Muslim members and two Muslim women, altering the previously exclusive Muslim composition.
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Role of the District Collector: The Survey Commissioner's role is transferred to the District Collector, who is now empowered to survey properties and determine ownership if government land is claimed as Waqf.
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Omission of Section 40: The State Waqf Boards lost their unilateral power (under Section 40) to inquire and decide whether a disputed property is a Waqf property.
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Tribunal Appeals: Previously, decisions by the Waqf Tribunal were final. Now, appeals against the Tribunal's orders can be filed in the High Court within 90 days.
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Inheritance Rights: The creation of a family endowment (waqf-alal-aulad) is explicitly barred from denying inheritance rights to heirs, particularly women.
What Did NOT Change
Despite demands from some right-wing groups to completely abolish Waqf boards or nationalize Waqf properties, the institutional structure of Waqf Boards and the Central Waqf Council remains intact. The fundamental Islamic concept of dedicating property for religious or charitable purposes is preserved, albeit under tighter statutory regulation.
Prelims Angle
NCERT Connection
Common Misconceptions
✗ Waqf properties can be claimed simply if people have prayed there for many years.
✓ The new Act explicitly abolishes 'Waqf by user'. A property can only be declared Waqf if the owner has a valid waqfnama and has practiced Islam for at least five years.
The 'Waqf by user' concept was valid under the original 1995 Act, meaning historical usage was previously enough to establish a Waqf.
✗ Waqf Tribunals are the absolute final authority in all property disputes.
✓ The 2025 Act revokes the finality of the Waqf Tribunal's decisions. Disputing parties can now appeal Tribunal orders directly to the High Court within 90 days.
Under the unamended 1995 Act, civil courts were barred from interfering, and the Tribunal's word was considered final.
Practice Questions
Q1
How Many CorrectConsider the following statements regarding the Waqf (Amendment) Act, 2025: 1. It removes the provision of 'Waqf by user', mandating a formal declaration by an owner who has practiced Islam for at least five years. 2. It empowers the District Collector to adjudicate disputes regarding government properties claimed as Waqf. 3. It mandates that the State Waqf Boards must consist exclusively of practicing Muslims to uphold Article 26 of the Constitution. How many of the above statements are correct?
Q2
Match the FollowingMatch the changes introduced by the Waqf (Amendment) Act, 2025 (List I) with their corresponding mechanisms/impacts (List II): List I: A. Omission of Section 40 B. Waqf-alal-aulad reform C. Tribunal structure reform D. Survey powers reallocation List II: 1. Empowers the District Collector instead of the Survey Commissioner 2. Protects the inheritance rights of women heirs 3. Removes the Waqf Board's unilateral power to decide if a property is Waqf 4. Allows appeals to the High Court within 90 days Select the correct code:
Q3
Assertion & ReasonAssertion (A): The Waqf (Amendment) Act, 2025 abolishes the legal concept of 'Waqf by user'. Reason (R): The government aimed to prevent arbitrary claims on properties based solely on long-term religious usage without documented ownership. Select the correct answer: