Waqf Amendment Act 2025: Legal Overhaul, Not Religious Intrusion, Say Experts

Legal experts and community leaders have emphasized that the Waqf (Amendment) Act, 2025 should be interpreted from a legal and administrative perspective rather than through a religious lens. In a recent panel discussion in Visakhapatnam, they underscored the government’s intention to enhance transparency and accountability in the management of Waqf properties, rather than interfere with religious practices.

The amended legislation, introduced by the Central government, focuses on the digital registration and centralized documentation of all Waqf properties across the country. This move aims to curb illegal encroachments and irregularities by streamlining property records. Officials explained that the new Act enables district collectors to play a more decisive role in identifying and reclaiming encroached Waqf lands, thereby ensuring better protection of community assets.

A significant change brought by the amendment is the removal of the “Waqf by user” provision, which previously recognized properties used for religious or charitable purposes over time, even without official documentation. Critics argue this deletion could endanger old mosques, graveyards, or community structures lacking formal records, especially in rural or historically neglected regions. Concerns have also been raised about the potential loss of legacy properties due to this clause.

Another notable provision is the inclusion of non-Muslim members and at least two Muslim women in the composition of Waqf Boards. While this has been projected as a step towards inclusivity and improved governance, sections of the Muslim community believe it undermines religious autonomy. Some religious leaders have voiced apprehensions that this could dilute the community’s control over its religious endowments.

Despite the backlash, experts insist that the Act does not alter or interfere with the religious nature of Waqf. Instead, they describe it as a modern legislative tool for enhancing efficiency, transparency, and community participation in property management. They also pointed out that the inclusion of diverse members on the board could lead to more balanced decision-making and reduce instances of internal corruption or mismanagement.

Meanwhile, petitions challenging the Act have reached the Supreme Court, which has temporarily stayed key provisions related to the de-notification of Waqf lands and the appointment of non-Muslim board members. The government has defended the amendments by stating that Waqf is a legal concept and not an essential religious practice under Islamic law.

As the matter remains under judicial scrutiny, experts continue to urge the public to approach the Act from a regulatory standpoint, acknowledging its potential to reform and safeguard valuable community assets.