India’s Waqf Amendment Law: A Step Toward Reform or a Divisive Move?


India’s Waqf (Amendment) Act, 2025, has ignited a firestorm of debate, reshaping the governance of waqf properties—land and assets dedicated under Islamic law for religious or charitable purposes. Passed after intense parliamentary discussions, this law seeks to modernize the management of waqf, but it’s also sparked protests, legal challenges, and accusations of undermining Muslim rights. Let’s dive into what this law changes, why it’s controversial, and what it means for India’s future.



 What Is Waqf, and Why Does It Matter?


Waqf refers to properties donated permanently for Islamic religious or charitable causes, like mosques, schools, or orphanages. Managed by state waqf boards and overseen by the Central Waqf Council, these assets are massive—spanning nearly a million acres and valued at over $12 billion, making waqf the third-largest property holder in India after the railways and armed forces. However, mismanagement, corruption, and disputes over land ownership have plagued the system, with cases like a 1,500-year-old temple in Tamil Nadu being claimed as waqf property fueling public outrage.


 Key Changes in the Waqf Amendment Act, 2025


The Act, which amends the Waqf Act of 1995 and repeals the Mussalman Waqf Act of 1923, introduces sweeping reforms under the new title: United Waqf Management, Empowerment, Efficiency, and Development Act (UWMEED). Here’s what’s new:


- **Transparency and Accountability**: A centralized digital portal will track waqf properties, requiring registration within six months. Audits by state-appointed auditors for institutions earning over $1,200 annually aim to curb financial mismanagement.

- **Inclusivity**: Waqf boards must now include two non-Muslim members and at least two Muslim women, promoting gender equality and sectarian diversity (e.g., representation from Shia and Sunni communities).

- **Limits on Waqf Claims**: The Act scraps the “waqf by user” concept, where properties used for religious purposes could be claimed without formal documentation. District collectors, not waqf boards, will now settle ownership disputes, and the Limitation Act, 1963, applies to reduce prolonged litigation.

- **Stricter Rules for Donors**: Only those practicing Islam for at least five years can create a waqf, aiming to prevent fraudulent conversions for property claims.

- **Government Oversight**: The central government gains powers to regulate registration, auditing, and property surveys, reducing the autonomy of waqf boards.



 The Case for Reform


Supporters argue the Act tackles longstanding issues. Waqf boards have been criticized for corruption, with only a fraction of their potential $1.4 billion annual revenue realized due to mismanagement. Scandals, like the Karnataka Waqf Board land grab, highlight the need for oversight. The inclusion of non-Muslims and women is seen as a step toward secular governance, aligning with India’s constitutional principles. By empowering district collectors and enforcing audits, the law aims to resolve disputes—like the controversial claim over an entire village in Tamil Nadu—and ensure waqf funds benefit the poor, especially marginalized Muslim women.


The government frames this as a win for “Sabka Saath, Sabka Vikas” (Together with All, Development for All), emphasizing that reforms respond to demands from within the Muslim community for better management. Some groups, like the Dawoodi Bohra community, have even thanked the government for addressing their long-standing concerns.


 Why the Backlash?


Critics, including opposition parties like Congress, DMK, and AIMIM, call the Act “anti-Muslim” and unconstitutional. They argue it violates Article 26 of the Constitution, which guarantees religious communities the right to manage their affairs. Requiring non-Muslim members on waqf boards is seen as state overreach, especially since Hindu trusts like the Ram Mandir Trust don’t include Muslims. The five-year Islam practice clause is criticized as discriminatory, potentially excluding converts from exercising religious rights.


The removal of “waqf by user” raises fears that historic mosques and graveyards, often lacking formal deeds due to centuries-old oral dedications, could lose their status. Opposition leaders like Asaduddin Owaisi warn the law could dilute Muslim control over their endowments, reducing them to “second-class citizens.” Protests have erupted nationwide, with violent clashes in West Bengal and Tripura leading to casualties and arrests. Muslim organizations like the All India Muslim Personal Law Board have labeled the Act “undemocratic,” alleging it enables land grabs by the state or private entities.


 Legal Challenges and the Road Ahead


The Supreme Court is now a battleground, with over 65 petitions challenging the Act’s validity. On April 17, 2025, the court consolidated these under “In re: Waqf (Amendment) Act 2025,” ordering the government to respond within a week. It also barred denotification or alteration of waqf properties until the next hearing on May 5, 2025, and expressed concern over protest-related violence. The court’s questions—whether non-Muslims can serve on Hindu trusts and whether the Act infringes on religious autonomy—signal a deep dive into its constitutional implications.


 A Balancing Act?


The Waqf Amendment Act walks a tightrope. On one hand, it addresses real issues of corruption and inefficiency, aiming to unlock waqf’s potential for social good. On the other, it risks alienating India’s 200 million Muslims by altering a system tied to their religious identity. The inclusion of non-Muslims and centralized control has sparked fears of state overreach, while supporters see it as a necessary modernization.


As the Supreme Court deliberates, the law’s fate hangs in the balance. Will it usher in a new era of transparent waqf management, or deepen communal divides? For now, India watches closely, hoping for a resolution that balances reform with respect for religious rights.