šŸ•Œ Waqf Law: What It Was and What’s Changing Now

by | Apr 12, 2025 | Politics

šŸ“Œ What is Waqf?

Waqf (also spelled Wakf) is when a person gives away land, buildings, or money for religious or charitable purposes. Once it’s given, the property cannot be sold, gifted, or inherited. It’s meant to be used forever for helping people, like building mosques, schools, or hospitals.

For example:

  • A person might donate land to build a mosque.
  • That land becomes waqf and is taken care of by a Waqf Board.

āš–ļø What Was the Old Waqf Law?

In India, the Waqf Act of 1995 was the main law that governed these properties. Under this law, each state had a Waqf Board to manage these donations. The Board made sure the property was used for the purpose it was donated for, like building religious places or helping people.

šŸ”„ What Is Changing Now?

In 2025, there have been some important changes to the Waqf laws, especially with the Waqf (Amendment) Act, 2025. Here’s what’s new:

  1. Non-Muslim Members in Waqf Boards:
    • The new law allows non-Muslim people to be part of the Waqf Boards. This is to make the process more transparent and fair.
  2. Government Control Over Disputed Properties:
    • Now, government officials (like district officers) can decide who owns disputed waqf properties. Before, only Waqf Boards handled these disputes.
  3. End of Old Waqf Laws:
    • The Mussalman Wakf Act of 1923 has been repealed. This outdated law is now removed, making the system simpler.
  4. Changes to the ā€˜Waqf by User’ Rule:
    • Earlier, if a property was used like waqf for a long time, it was considered waqf without formal records. This rule has now been removed. Only properly registered properties are recognized as waqf.

šŸ“š Key Changes Under the Waqf (Amendment) Act, 2025:

  1. Increased Government Oversight:
    • The new amendment allows more government oversight over the functioning of Waqf Boards. The government can now take action if boards are found to be mismanaging properties.
  2. Streamlined Dispute Resolution:
    • The 2025 amendment strengthens the role of the Waqf Tribunals. These tribunals will have more authority to resolve disputes quickly, cutting down the time and costs involved in legal cases.
  3. Creation of a Central Waqf Fund:
    • A Central Waqf Fund has been created to support the development of Waqf properties. This fund will help improve the management and upkeep of these properties across India.
  4. More Transparency:
    • The new amendment has provisions for better record-keeping and the publication of Waqf property details. This aims to reduce corruption and increase transparency.
  5. Restrictions on Waqf Property Use:
    • The 2025 amendment introduces stricter rules about the use of Waqf properties. These properties can now be used only for the purposes they were originally donated for, with limited exceptions.

šŸ“š Why Are These Changes Important?

  • Supporters of the new law say it will make the management of waqf properties better, more transparent, and less corrupt.
  • Critics feel the changes could lead to political interference and might take away control from the religious institutions managing waqf properties.
Old System (Waqf Law)New Changes (2024–25)
Waqf Boards managed propertiesSome states ending or reforming waqf boards
Special waqf tribunalsRegular courts for waqf disputes
Properties once declared waqf couldn’t be questionedChanges in Waqf property management and dispute resolution
Independent religious land systemMore government oversight and creation of a Central Waqf Fund

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