ABSTRACT
This paper critically examines the constitutional validity of the Waqf (Amendment) Act, 2025, in light of more than 60 petitions filed in the supreme Court, These petitions were filed by various individuals, Organisation’s, and political parties, including Members of Parliament and state legislators. Under Articles 14, 15, 25, 26, and 300A, the Act’s amendments—which include removing the “waqf by user” doctrine, requiring a five-year religious practice requirement for waqf creation, requiring non- Muslim representation on Waqf Boards, and giving district collectors more management authority— have been contested on the grounds of fundamental rights. In order to support waqf autonomy, the study examines important case law, such as Rajasthan Waqf Board v. Devki Nandan Pathak[1] (2017), and M. Siddiq v. Suresh Das (2019). These precedents emphasize concepts like reasonable classification, specialized judicial jurisdiction, and “waqf by user.” According to the study’s doctrinal and constitutional analysis, the 2025 Amendment presents significant issues with regard to property rights, equality, religious freedom, and judicial supervision. The paper outlines possible legal outcomes and future research areas, underscoring the importance of striking a balance between administrative change and the defense of religious and minority rights.
KEYWORDS
Waqf, New Law, Legal Reforms, Waqf Board, Administration, Mutawalli, Charity, Court Hearing, Religious Endowment.
INTRODUCTION
Deeply ingrained in Islamic custom, waqf denotes the permanent donation of property for philanthropic, charitable, or religious reasons. It creates the system for social improvement in the society, taking the example of if any person is unable to bear the expenses of education, then by this system that person uses the land of Waqf for achieving the goal of education. Its religious use can be understood in situations where a group of people shares the same sentiment but lacks a proper structure for their prayers. Then any person can donate his/her land in the name of Allah, and if it’s dedicated to religious purposes, then it may be used to build the prayer place that is the Masjid (Mosque), or it follows that if there is no place for the last funeral, there is no place to bury the body, and then the dedicated land may be used to make the burial ground. (Qabristan). It’s a socio-legal mechanism with a rich history, evolving from early Islamic times to its current form in India, where it plays a significant role in managing religious and charitable institutions and properties. Waqf ’is defined as the permanent dedication by any person of any movable or immovable property for any purpose recognised by Muslim law as pious, religious, or charitable.
In fact, The Supreme Court of India has told “Once a Waqf, always a Waqf” in the case of Sayyed Ali And others Vs. A.P. Wakf Board, HYD. And Ors[2].
This Research Paper study investigate and try to give a clear clarity on the waqf and its related topic from the its rich history early islamic times to its current phases in Indian. Evolution of Waqf by the Period of Time, Purposes, and its Governance. Through a study of worldwide regulations, case studies, and the lived regulation of waqf, this paper will address the question: How can this be better for the minorities? Is it good to interfere with their religious charity or is it good to govern them, or do they manage on their own as they are managing. This paper study Highlights the problem of minorities in India facing having waqf India[3], home to more than 200 million Muslims, has the largest number of waqf assets in the world – more than 872,000 properties, spanning nearly 405,000 hectares (1 million acres), with an estimated value of about $14.22bn. They are managed by waqf boards in every state and federally-run territory. Together, waqf boards are the country’s largest urban landowners and the third-largest overall, after the army and the railways respectively.
[1] Ritu and Ridhi (2024) Civil Court lacks jurisdiction over Waqf property disputes: Calcutta High Court, SCC Times. Available at: https://www-scconline-com.translate.goog/blog/post/2024/02/29/civil-court(Accessed: 26 June 2025).
[2] Once a WAGF, always a Waqf. Available at:
https://wamsi.nic.in/wamsi/legis/SCJudgement_OnceWaqfAlwaysWaqf.pdf (Accessed: 26 June 2025).
[3] Al Jazeera, K.K. (2025) How India’s $14bn Muslim endowments are being plundered, even by the gov’t, Al Jazeera. Available at: https://www.aljazeera.com/news/2025/3/25/government-encroachment-of-indias-waqf-lands-a-madhya-pradesh-example (Accessed: 22 June 2025).