Ronik Sharma
Finally, the President of India Droupadi Murmu has also given her assent to the Waqf (Amendment) Bill, 2025, days after Parliament passed the contentious legislation following marathon debates in both Lok Sabha and Rajya Sabha. Following hours of discussion by parliamentarians by various political parties, Lok Sabha and Rajya Sabha have passed the Waqf (Amendment) Bill 2025. In Lok Sabha 288 members voted in favour, and 232 members voted against the bill and in Rajya Sabha 128 members voted in favour, and 95 members voted against the bill in the most recent amendment of waqf act 2025. During the debate on the new Waqf amendments Bill of 2025, the Government and its allied members have not only clarified about the new amendment but also intends to ensure effective management of waqf property to ensure that the revenue generated from Waqf is equitably divided for the welfare of the Muslims community in particular and in a transparent manner. As per the new law, in section 1 of the Waqf act 1995 (hereinafter referred to as principal act), in sub-section 1 for the “word Waqf”, the words unified Waqf management, Empowerment, Efficiency, Development (UMEED) shall be substituted”.
The provisions of the new law, improving its efficacy, the Waqf amendment 2025, aims to address flaws in the previous principal Waqf act and its amendments and ensure that the new amendment of 2025 (UMEED) operates fairly in future for the benefit of ordinary individuals. According to section 3 of the principal act, the following section shall be inserted: “3A. (1) No person shall create a waqf unless he is the lawful owner of the property and competent to transfer or dedicate such property. As per 3B (1) Every Waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall file the details of the waqf and the property dedicated to the waqf on the portal and database within a period of six months from such commencement. As per the wrongful declaration of the waqf 3C. (1) any government property identified or declared as waqf property, before or after the commencement of this act, shall not be deemed to be a waqf property. As per Section 3D of the new waqf law, the declaration of a protected monument or protected area is to be void.
The section 3E of the act bars declaration of any land in scheduled land or tribal area as Waqf. Improving social welfare, the Central Government’s initiative will safeguard Waqf properties, which are meant for the benefits of ordinary muslims and not for land mafias. Surely, under the newly added provisions these properties must be handled properly to guarantee that their revenue helps people in need and for their advancement. According to the new waqf amendment act of 2025, the purpose of this amendment (UMEED) is to preserve that integrity, which follows a constitutional and legislative procedure. It is a well-known fact that the ‘WAQF’ properties are meant for the welfare of the community, especially for the benefit of the ordinary Muslims, be it for education, healthcare, or religious purposes, but it is not for those who utilise it for their personal benefits and for their families upliftment and for providing benefits to their other relatives and also not for some influential person’s only. Everyone knows that in the last parliament session, the central government moved two bills on August 8, 2024 the Waqf (Amendment) Bill 2024, and the Mussalman Wakaf (Repeal) Bill, 2024 were introduced in the LoK Sabha but were sent to a joint parliamentary committee (JPC) after an uproar from the other opposition members in the house. The new Waqf law of 2025,(UMEED) will support and provide benefits to all members of the society without prejudice and promoting inclusive development at the micro level are the central government’s primary goals and to end discrimination of decades. It is well acknowledged that the waqf legislation states the central government’s primary goal is to serve ‘ordinary muslims’ not powerful individuals. Supporting marginalized groups, the new Waqf law of 2025 (UMEED) includes elements that are intended to improve the management of the waqf properties in a more efficient manner throughout the nation, lessen the burden of litigation, and strengthen and support the muslim community as whole and also end discrimination. Generally, whether for religious, medical or educational purposes, the waqf properties are not only intended for the benefit of a powerful individual but also for the general public. It is a well-known fact that the Land grabbing, false claims over waqfs, and abuse by politically connected muslims have caused alarm among ordinary, impoverished muslims, especially women, according to numerous examples over the past several years.
The new law on waqf is based on stake holder consultation not by the politically driven because the self-styled influential have frequently utilised these properties in the name of waqfs for their personal gain rather than helping the underprivileged, betraying and exploiting the worries of the average person. According to Islamic law, it is important to note that ‘waqf’ refers to properties that are solely used for charitable and religious purposes. But land mafia politically motivated, influentials used these charitable things for their personal benefits. Currently, more than eight lakh properties totalling more than nine lakh acres approximately and valued at over one lakh crores are under the jurisdiction of the waqf boards nationwide. As a result, they are now the nation’s third-largest landowner. Although there have occasionally been waqf reforms, they have been ineffective and have not addressed issues that the ordinary muslims face.The goal of the new Waqf law of 2025 is to guarantee the protection, preservation and good use of Waqf properties. The new waqf law is an important legislative step towards the inclusive development and for the protection of interests of common man. In addition to improving transparency and efficacy. The new Waqf law will also create a strong system of accountability and good governance within Waqf boards and offer opportunity to all ordinary muslims.
The absence of appropriate identification and digitization has been one of the main issues with property management. According to details, not all islamic nations have Waqf properties, and those nations are devoid of waqfs. Bharat is the only country in the whole world with legally protected waqf boards. The new Waqf law will provide justice to ordinary muslims so that they cannot be subjected to discrimination. The new provision of the Waqf act 2025 (UMEED) will eliminate cases where properties were falsely claimed as Waqf despite the original owner having legal title and the key changes where “Waqf by User Revision – Only properties officially registered as Waqf will remain so. Greater Oversight – A government officer above the rank of Collector will investigate claims over Waqf properties. Donor Clarification – any person practising Islam for five years can dedicate property. Legal Recourse, Courts may accept applications beyond six months if justified. Protection of inheritance Rights. The new provision safeguards legal heirs’ rights, including women. Constitutionally, the central government is fully responsible and exclusively in charge of keeping an eye on and addressing any discriminatory issues as well as problems involving the improper management of Waqf properties by influential persons who not only betray the common man but also play with their emotions.
In general, the Waqf amendment, 2025, (UMEED) brings about much-needed reforms to enhance effective management of Waqf properties, prohibit unauthorised claims, control waqf land mafia and limit corruption. Previously, there were several flaws in the old Waqf law, including irrevocabliity of Waqf properties, monopoly of political as well as influencial persons, unnecessary litigation and poor management, a lack of court supervision, unregulated property claims, Muttawalis abuse of power.
Further, there is a debate on the constitutionality of the Waqf act. As per the UMEED, the new Waqf law of 2025, known as the Unified Waqf Management, Empowerment, Efficiency, and Development Act, will not only repeal several of the discriminatory clauses of the 1995 Waqf Act but will also redress the numerous issues, problems, and challenges concerning waqf properties nationwide and will also improve the shortcomings in managing the waqf properties and also boost inclusive development overall with a positive approach for an ordinary individual. In addition to safeguarding the interests of the ordinary muslims and the general public. The new Waqf act of 2025 aims to re-establish the legitimacy of Waqf boards by placing a strong emphasis on administrative accountability, transperancy, and legal ownership verification. It will also give an opportunity to ‘Ordinary Muslims’ and be another step towards inclusive development.
(The author is a social activist and an advocate by profession)
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