Here is a list of frequently asked questions on waqf which clarify the questions and provisions of the recently passed Waqf (amendment) Act, 2025
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NEW DELHI: The Waqf (Amendment) Act, 2025 marks a significant legislative development in the regulation and administration of waqf properties in India. Aimed at strengthening the governance framework, ensuring greater transparency, and addressing longstanding concerns surrounding waqf assets, this amendment introduces important changes to the original Waqf Act, 1995.
With a growing need to modernize waqf administration and curb encroachments and misuse, the 2025 amendment redefines key aspects such as the powers of the Waqf Boards, dispute resolution mechanisms, digitization of waqf records, and community participation. In light of these changes, many questions have arisen regarding its scope, impact, and implementation.
This compilation of Frequently Asked Questions (FAQs) seeks to clarify the objectives, implications, and practical effects of the Waqf (Amendment) Act, 2025. It addresses both historical context and current reforms, offering a comprehensive understanding for students, legal professionals, and the general public.
What is Waqf
A ‘Waqf’ is a permanent dedication of movable or immovable property for purposes recognized by Muslim law as pious, religious, or charitable.
Historical Evolution of Waqf Administration in India
The administration of Waqf properties in India has evolved through various legislative measures aimed at improving management and preventing mismanagement:
- Privy Council Ruling (1894): Declared Waqf-alal-Aulad (family waqf) invalid, asserting that Waqf should serve public religious or charitable purposes, not just family benefits.
- The Mussalman Wakf Validating Act, 1913: Affirmed the right of Muslims to create Waqfs for family benefits, provided they ultimately served charitable purposes.
- The Mussalman Wakf Act, 1923: Introduced measures to improve Waqf property management by ensuring proper accounting and transparency.
- The Mussalman Wakf Validating Act, 1930: Gave retrospective effect to the 1913 Act, reinforcing the legal validity of family Waqfs.
- The Wakf Act, 1954: Established State Waqf Boards (SWBs) for systematic administration, supervision, and protection of Waqf properties.
- Amendments to the Wakf Act (1959, 1964, 1969, 1984): Aimed to further improve Waqf property administration.
- The Waqf Act, 1995: Repealed the 1954 Act and its amendments, introducing:
- Creation of Waqf Tribunals to adjudicate disputes.
- Strengthening the Central Waqf Council (CWC) by empowering it to issue directives to State Waqf Boards in cases of irregularities or violations.
- The Waqf (Amendment) Act, 2013: Introduced significant changes, including:
- Allowing any person, not just Muslims, to create Waqfs.
- Ensuring sect-specific membership in Waqf Boards.
- Granting Waqf provisions overriding effect over other laws.
- Making District Magistrates responsible for implementing Board decisions.
Despite these reforms, challenges persisted, such as lack of transparency, incomplete surveys, insufficient provisions for women’s inheritance rights, prolonged litigations, and administrative inefficiencies.
Constitution of CWC and SWBs
- State Waqf Boards (SWBs): Introduced in the Wakf Act, 1954, for systematic administration and protection of Waqf properties.
- Central Waqf Council (CWC): Established under the Wakf (Amendment) Act, 1964, to advise the Central Government on matters concerning the working of Waqf Boards and due administration.
Administrative Bodies Responsible for Waqf Management in India
The Waqf Act, 1995, governs Waqf administration in India. The main administrative bodies are:
- Central Waqf Council (CWC): An advisory body under the Ministry of Minority Affairs, guiding Waqf administration.
- State Waqf Boards (SWBs): Custodians of Waqf properties, responsible for their management, protection, and utilization.
- Waqf Tribunals: Judicial bodies for resolving Waqf-related disputes.
This framework aims to ensure transparency, efficiency, and accountability in Waqf management.
Central Waqf Council (CWC) and Its Functions
The CWC is a statutory body established under Section 9 of the Waqf Act. Its functions include:
- Advising and issuing directives to State Governments and State Waqf Boards in cases of irregularities or violations of the Act.
- Requesting SWBs to furnish information regarding financial matters, surveys, maintenance of Waqf deeds, revenue records, encroachment of Waqf properties, annual reports, and audit reports.
Composition of Central Waqf Council
The CWC comprises two categories of members:
- Muslim Members (10 members):
- Three persons representing Muslim organizations of all India character and national importance.
- Chairpersons of three Boards by rotation.
- One person representing Mutawallis of Waqfs with a gross annual income of five lakh rupees and above.
- Three eminent scholars in Muslim law.
- Two Muslim women from the above categories.
- Other Members (12 members):
- Union Minister in charge of Waqf (Chairperson, ex officio).
- Three Members of Parliament (two from the House of the People and one from the Council of States).
- Two persons who have been judges of the Supreme Court or a High Court.
- One Advocate of national eminence.
- Four persons of national eminence from fields of administration or management, financial management, engineering or architecture, and medicine.
- Additional Secretary or Joint Secretary to the Government of India dealing with Waqf matters (ex officio).
This composition ensures representation of Muslim women and inclusivity.
Responsibilities of a Mutawalli in Managing Waqf Properties
A Mutawalli is responsible for:
- Ensuring funds are used for religious or charitable purposes.
- Maintaining financial records.
- Preventing encroachments.
Waqf Property Data (as per WAMSI)
| Category | Count |
|---|---|
| State Waqf Boards | 32 |
| Total Properties | 8.73 lakh |
| Total Area | 37.39 lakh acres |
| Rural Properties | 5.51 lakh (20.17 lakh acres) |
| Urban Properties | 3.21 lakh (19.03 lakh acres) |
| Waqf by User | 4.02 lakh properties (22.14 lakh acres) |
What powers do the State Waqf Boards have in managing Waqf properties?
State Waqf Boards have broad statutory powers, including:
- Registration of Waqfs.
- Removal of Mutawallis for mismanagement.
- Leasing of Waqf properties.
- Assumption of control over mismanaged Waqf assets.
- Monitoring financial transactions.
- Preventing encroachment, alienation, and illegal occupation.
How many properties does the Waqf Board control?
As per the WAMSI portal (25 States & 5 UTs, 32 Boards):
| Sl. No. | Category | Data |
|---|---|---|
| 1 | No. of State Waqf Boards | 32 |
| 2 | No. of States | 23 |
| 3 | No. of UTs | 7 |
| 4 | Total Waqf Properties | 8.73 lakh |
| 5 | Total Area of Waqf Properties | 37.39 lakh acres |
| 6 | Rural Properties | 5,51,552 |
| 7 | Rural Area | 20.17 lakh acres |
| 8 | Urban Properties | 3,21,251 |
| 9 | Urban Area | 19.03 lakh acres |
| 10 | Total Waqf Deeds | 1,088 |
| 11 | Waqf by User Properties | 4,02,089 |
| 12 | Area of Waqf by User | 22.14 lakh acres |
| 13 | Remaining Waqf Properties | 4,44,037 |
| 14 | Area of Remaining Waqf | 14.29 lakh acres |
| 15 | Waqf-alal-Aulad Properties | 26,676 |
| 16 | Area of Waqf-alal-Aulad | 0.88 lakh acres |
| 17 | Total Encroachments | 58,890 |
| 18 | Total Litigations | 31,999 |
| 19 | Encroachment-related Litigations | 16,140 |
| 20 | Encroachment Cases by Muslim Petitioners | 3,165 |
| 21 | Govt. Land Declared as Waqf | 5,973 |
| 22 | Properties declared Waqf (Sec. 40) | 515 |
| 23 | Mutated Properties | 40,592 |
Are Waqf Board decisions final and absolute?
- No. The decisions can be appealed.
- Waqf Tribunals have exclusive jurisdiction to adjudicate Waqf-related disputes.
What is a Waqf Tribunal and its functions?
Established under Section 83 of the Waqf Act, 1995. State Governments notify these specialized Tribunals.
Functions:
- Adjudication of disputes over Waqf property.
- Hearing appeals against Waqf Board orders.
- Enforcement of Waqf laws and governance.
- Exclusive jurisdiction over all Waqf matters.
What is the composition of a Waqf Tribunal?
As per Section 83(4):
| Position | Qualification |
|---|---|
| Chairperson | District/Sessions/Civil Judge (Class I, State Judicial Service) |
| Member (Admin) | State Civil Services officer (rank of ADM or equivalent) |
| Member (Muslim Law) | Person with expertise in Muslim Law and Jurisprudence |
What role does the Waqf Tribunal play in reviewing Waqf Board decisions?
- Reviews disputes on ownership, management, and administration of Waqf property.
- Hears appeals against Waqf Board actions.
- Ensures legal compliance and remedies administrative lapses.
How does the appeal process work?
- Aggrieved party files an appeal with the Waqf Tribunal.
- Presents evidence & legal arguments.
- Tribunal examines and issues a ruling.
- If unsatisfied, further appeal lies to the High Court.
Can High Courts intervene in Waqf Tribunal decisions?
Yes. Under constitutional remedies, High Courts may:
- Review decisions for legal errors or procedural violations.
- Ensure justice and due process are upheld.
Challenges in the Present Scenario of Waqf Administration
- Lack of Transparency in the management of waqf properties.
- Incomplete Surveys and Mutation of land records of waqf properties.
- Insufficient Legal Provisions protecting women’s inheritance rights in waqf-alal-aulad (family waqf).
- Prolonged Litigations including encroachments — 10,381 pending cases in 2013 increased to 21,618.
- Arbitrary Powers of Waqf Boards to declare any property as waqf based on internal inquiry.
- Disputes Over Government Land being declared as waqf.
- Lack of Proper Accounting and Auditing mechanisms for waqf properties.
- Administrative Inefficiencies in waqf management and implementation.
- Improper Treatment of Trust Properties, leading to confusion in classification.
- Inadequate Stakeholder Representation in Central and State Waqf Boards.
Recommendations by the Joint Committee on the Waqf (Amendment) Bill
- Separation of Trusts from Waqf
- New clause (2A) to Section 2: A Muslim trust created under any law will not be treated as waqf.
- Ensures autonomy for Muslim communities to manage trusts without Waqf Board interference.
- Eligibility to Create a Waqf
- Clause 3, Section 3(r): Only practicing Muslims (for 5+ years) who own and can legally transfer property may create a waqf.
- Definition of Waqf – Removal of Waqf by User
- Clause 3, Section 3(r)(i): Waqf by user excluded unless already registered and undisputed.
- Protection of Women’s Rights in Family Waqf
- Clause 3(r)(iv) & Section 3A(2): Mandates legal share for women heirs; allows support for widows, divorced women, orphans.
- Digitalization of Waqf Records
- Clause 4, Section 3B(1): Mutawallis to upload waqf details on a central portal within six months.
- Verification of Government Property Declared as Waqf
- Clause 4, Section 3C(1)-(2): Investigation by officer above Collector’s rank to ensure fairness.
- Waqf Property Survey Timeline
- Clause 6, Section 5(2A): Upload of surveyed waqf list extended to 90 days.
- Dispute Resolution
- Clause 7, Section 6(1): Legal recourse allowed for waqf property classification disputes.
- Revised Composition of Waqf Boards
- Clause 9 & 11, Sections 9 & 14: Inclusion of two non-Muslim members; ex-officio members excluded from the count.
- Clause 10, Section 13(2A): Provision for separate boards for Bohras and Aghakhanis.
- Membership Disqualification Updated
- Clause 12, Section 16: Disqualifies non-Muslim under clause (c) of Section 14(1).
- Legal Rights of Unregistered Waqf
- Clause 18, Section 36(10): Extra time granted to unregistered waqf to approach courts post-amendment.
- Financial Relief for Waqf Institutions
- Clause 33, Section 72: Annual contribution to Waqf Board reduced from 7% to 5%.
- Reform in Waqf Tribunal Structure: Clause 35, Section 83: Three-member tribunal (one with expertise in Muslim law), fixed 5-year tenure or up to age 65.
- Efficiency of Tribunal Proceedings: Clause 36, Section 84: Existing provision ensures expeditious decisions; no new clause needed.
- Time for Waqf Board to Intervene in Land Acquisition: Clause 37, Section 91: Maintains the 3-month timeframe for the Board to appear before the Collector.
- Omission of Section 107: Clause 40A, Section 107: Applies Limitation Act to waqf claims; expected to reduce arbitrary suits and bring efficiency.
ALSO READ: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
Alignment with new criminal laws
- IPC → Bharatiya Nyaya Sanhita (BNS), 2023
- Evidence Act → Bharatiya Sakshya Bill (BSB), 2023
- CrPC → Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Land Acquisition Act → RFCTLARR Act, 2013
Reforms in the Waqf (Amendment) Bill, 2024
- Trusts Excluded from Waqf
- Ensures that Muslim trusts operate independently of Waqf Boards.
- Technology-Driven Management
- Central portal for registration, auditing, contributions, and litigation tracking.
- Eligibility for Dedication to Waqf
- Only practicing Muslims (5+ years) can dedicate personal property as waqf.
- Recognition of Waqf by User Properties
- 4.02 lakh out of 8.72 lakh waqf properties under this category are protected unless disputed.
- Women’s Rights in Family Waqf
- Legal share must be given to women before creating waqf; support for vulnerable women.
- Digitization and Transparency
- Mandatory registration of waqf property details by mutawallis within six months.
- Verification of Disputed Government Land
- 5,973 government properties declared as waqf under investigation.
- 132 ASI monuments, 130 DDA lands, 123 public lands — all under litigation.
- Strengthening of Waqf Tribunals
- Three-member panel with fixed tenure; one expert in Muslim law.
- 21,618 pending cases currently (as per WAMSI portal).
- Representation of Non-Muslim Stakeholders
- Two non-Muslim members added to Central and State Waqf Boards.
- Reduced Financial Burden
- Annual contribution reduced from 7% to 5%.
- Application of Limitation Act, 1963
- Aims to reduce long-standing litigations.
- Annual Audit Requirement
- Mandatory for waqf institutions earning over ₹1 lakh annually.
- Removal of Section 40 – Arbitrary Power Curtailed
- Prevents waqf boards from unilaterally declaring any property as waqf.
- Cases from Tamil Nadu, Bihar, Karnataka, Surat, and Kerala illustrate misuse.
- 515 properties declared as waqf under Section 40 in 8 out of 30 states reporting.
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