Abstract
The Waqf (Amendment) Act, 2025, introduces significant changes to the management and oversight of waqf properties in India. While the government asserts that these amendments aim to enhance transparency and efficiency, critics argue they may infringe upon the autonomy of religious endowments and minority rights. This paper examines the key provisions of the Act, analyzes its implications through various legal and constitutional theories, and assesses whether it represents genuine reform or a move towards repression. It marks a significant shift in the governance of Islamic charitable endowments in India. While the government has touted it as a reformative measure aimed at digitization, transparency, and efficiency, legal scholars and minority organizations view it as a tool of centralized control that infringes upon constitutional rights. This paper critically examines the amendment through the lens of constitutional law, legal doctrines, religious autonomy, and property rights. It explores whether the Act aligns with the spirit of secularism and equality or whether it signals a veiled encroachment on minority rights. The research adopts a doctrinal methodology, analyzing statutory provisions, judicial precedents, and scholarly commentary to evaluate the constitutionality and social impact of the amendment.
Introduction
Waqf, a fundamental institution in Islamic jurisprudence, refers to a permanent charitable endowment of property, usually for religious or philanthropic purposes. In India, it is governed by the Waqf Act, 1995, which institutionalizes the administration of waqf properties under State Waqf Boards and the Central Waqf Council. However, the Waqf (Amendment) Act, 2025 has stirred national debate due to its significant departure from previous legislative frameworks. This paper aims to unpack the constitutional, legal, and societal dimensions of the amendment and to assess whether it is a genuine attempt at reform or a form of legal repression.
Historical Background of Waqf Law in India
The term waqf refers to a permanent dedication of movable or immovable property for religious, pious, or charitable purposes recognized under Muslim law. The earliest references trace back to the Umayyad period, with institutionalization occurring during the Abbasid Caliphate. In India, waqf has been recognized since the Delhi Sultanate and expanded significantly during the Mughal Empire. The Waqf Act, 1995 provided the legal framework for governance, empowering State Waqf Boards and establishing procedures for registration, surveys, and management of waqf properties.
Waqf in India has existed since the establishment of Islamic rule during the Delhi Sultanate and continued under the Mughals. The British colonial regime formalized waqf laws with the Waqf Validating Acts of 1913 and 1930. Post-independence, the 1954 and 1995 legislations governed the administration of waqf assets, culminating in the establishment of Waqf Boards for oversight The 1995 Act recognized the waqf as a legal institution holding public trust in perpetuity, while emphasizing its religious and cultural autonomy. However, alleged misuse, encroachment, and underutilization of waqf properties have persisted, leading to successive calls for reform.