Waqf Amendment Act 2025: Key Changes to Muslim Charitable Property Law in India

The Waqf (Amendment) Act, 2025 is one of the most significant and contested pieces of legislation to emerge from Parliament in recent years. Amending the Waqf Act, 1995, it introduced structural changes to how waqf properties are created, administered, and adjudicated in India. The law has since been the subject of extensive litigation before the Supreme Court of India, with several provisions drawing sharp criticism from Muslim personal law bodies, minority rights advocates, and constitutional scholars.

What Is a Waqf and Why Does Its Regulation Matter

A waqf is a permanent dedication of property by a Muslim for religious, pious, or charitable purposes under Islamic law. Once property is declared waqf, it cannot be sold, gifted, or mortgaged. India has one of the largest waqf property portfolios in the world, with an estimated 8.7 lakh registered waqf properties spanning over 9.4 lakh acres. The Waqf Act, 1995 established State Waqf Boards to oversee these properties and the Central Waqf Council to advise the government. Given the scale and the history of encroachment disputes, reforming this framework has long been a legislative priority.

Key Amendments Introduced by the 2025 Act

The 2025 Act introduced several far-reaching changes. First, it renamed the Waqf Act, 1995 to the Unified Waqf Management, Empowerment, Efficiency and Development Act, though the term Waqf Act is still widely used. Second, the composition of State Waqf Boards was amended to allow non-Muslim members, a change challenged as an interference with Muslim religious institutions. Third, the designation of government land as waqf was restricted, limiting the ability of the Waqf Board to claim disputed government property. Fourth, the role of the District Collector was expanded to adjudicate claims involving government land, reducing the Waqf Board's unilateral authority. Fifth, the creation of waqf-by-user, a category recognising property as waqf based on long-standing usage, was curtailed, affecting thousands of historical mosques, dargahs, and graveyards whose waqf status rested on that doctrine.

The Five-Year Practice Requirement and Its Controversy

One of the most debated provisions in the 2025 Act is Section 3(r), which requires a person to have practiced Islam for at least five years before being eligible to create a valid waqf. Critics argued this provision introduced a novel and constitutionally suspect condition on the exercise of a religious practice, effectively asking the State to certify the sincerity of a person's faith. The provision was challenged as violating Articles 25 and 26 of the Constitution, which protect the right to freely profess, practice, and propagate religion. The Supreme Court, in its September 2025 interim order, stayed this provision pending a fuller hearing.

The Supreme Court's Interim Ruling

A Division Bench comprising the then Chief Justice B.R. Gavai and Justice A.G. Masih heard over 70 petitions challenging the Act. While declining to impose a blanket stay on the entire legislation, the Bench stayed the operation of the five-year practice requirement under Section 3(r) and certain other provisions relating to the inclusion of non-Muslims on Waqf Boards. The Court noted the need to maintain the status quo on those provisions until the constitutional questions could be fully examined. The matter is listed for final hearing, making this one of the most closely watched constitutional cases currently before the Court.

Practical Takeaways

Waqf trustees, mutawallis, and parties to any pending Waqf Tribunal proceedings should closely track the Supreme Court hearings, as the final judgment could alter the governance structure of waqf institutions significantly. The curtailment of waqf-by-user means that older religious properties without formal deed documentation may be exposed to adverse claims. Any new waqf creation should be accompanied by thorough documentation and formal registration rather than relying on usage-based recognition. Parties in ongoing disputes over government land claims by Waqf Boards should note that the District Collector now has a formal adjudicatory role under the amended law, which may affect the venue and procedure for such disputes.