Waqf (Amendment) Act, 2025

 


A Brief History of Waqf 

Waqf (pronounced “wuff,” like the sound your dog makes when you say “no more biryani”) refers to a charitable endowment under Islamic law. Think of it as a centuries-old trust fund, where properties—mosques, graveyards, schools—are donated for religious or philanthropic purposes. India boasts over 870,000 such properties, making it one of the largest collections of waqf assets globally.

The Waqf Act of 1995 was the previous rulebook, but like any vintage item, it had its quirks. Enter the 2025 amendment, aiming to modernize, regulate, and, depending on whom you ask, either reform or ruffle feathers.

Key Features of the 2025 Amendment

1. Section 40: The “Abracadabra” Clause—Now Vanished

Previously, Section 40 allowed Waqf Boards to declare any property as waqf if it had been used by Muslims for religious purposes over time. Critics dubbed it the “abracadabra clause” for its magical property-converting powers. The amendment has now repealed this section, aiming to prevent arbitrary declarations.

2. Diversity on the Boards: A New Cast of Characters

The amendment mandates the inclusion of at least two Muslim women and two non-Muslim professionals (like lawyers or administrators) on both Central and State Waqf Boards. It's like adding new characters to a long-running TV show—some fans are thrilled, others skeptical.

3. Digitization: Bringing Waqf into the 21st Century

All waqf properties must now be digitized and uploaded to a centralized portal. While the idea is to enhance transparency, reports suggest that data for over 435,000 properties is missing, and audits are lagging. It's like trying to digitize your grandma's recipe book—some pages are missing, and others are smudged with curry stains.

4. Dispute Resolution: From Boardrooms to Courtrooms

Disputes involving waqf properties will now be handled by senior administrative officials at the state level, with an option to appeal in High Courts within 90 days. This aims to streamline conflict resolution, though some fear it might sideline traditional community mechanisms.


Is it a reform or a ruse?

Government's Perspective

The Union government touts the amendment as a move toward transparency and inclusivity. Minority Affairs Minister Kiren Rijiju even proposed renaming it the UMEED Bill—Unified Waqf Management, Empowerment, Efficiency, and Development. It's like giving your old scooter a fresh coat of paint and calling it a "mobility solution."

Community Concerns

Opposition parties and Muslim organizations argue that the inclusion of non-Muslim members and increased government oversight infringe upon religious autonomy. They fear it could lead to the seizure of waqf properties and marginalization of the Muslim community.

So, What's the Verdict?

Like any major reform, the Waqf (Amendment) Act, 2025, is a mixed bag. It promises modernization and inclusivity but also raises concerns about autonomy and potential overreach. Whether it's a masterstroke of governance or a misstep will depend on its implementation—and, of course, on who you ask.


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