- The Waqf Amendment Bill 2025 (UMEED Bill) introduces key changes to enhance transparency, accountability, and efficiency in Waqf property management. It includes provisions for non-Muslim representation, streamlined processes, and financial reforms.
Waqf Amendment Bill 2025, also known as UMEED Bill, passed in the Lok Sabha on 2nd April 2025, proposes significant changes to the governance and management of Waqf properties in India. This legislation seeks to amend the Waqf Act of 1995, aiming to enhance transparency, accountability, and efficiency in the administration of Waqf properties while addressing long-standing issues within the system.
Originally introduced in 2024, the bill underwent scrutiny by a Joint Parliamentary Committee (JPC). Following an extensive review process and public consultations, it was passed in the Lok Sabha as the UMEED Bill (Unified Management Empowerment Efficiency and Development). The bill will now go to the Rajya Sabha for another debate.
What is a Waqf Property?
A Waqf is a property donated by Muslims for a specific religious, charitable, or private purpose. Ownership of the property is considered to belong to God, while its benefits are directed to the specified purposes.
Establishment: A Waqf can be established through a written deed, legal instrument, or orally.
Use and Permanence: A property may be recognised as Waqf if it has been used for religious or charitable purposes over an extended period.
Irrevocability: Once a property is designated as waqf, it cannot be reclaimed or altered by the donor.
However, not all Islamic countries have Waqf properties. Countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq lack Waqfs.
In contrast, India has Waqf Boards as the largest urban landowners, with legal protection under an Act.
Waqf Boards in India oversee approximately 8.7 lakh properties covering around 9.4 lakh acres of land, with an estimated worth of ₹1.2 lakh crore.
Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways.
Origin of the Concept of Waqf
Waqf has existed in India since the early days of the Delhi Sultanate. Sultan Muizuddin Sam Ghaor dedicated two villages to Multan’s Jama Masjid and appointed Shaikhul Islam as its administrator. As the Delhi Sultanate and subsequent Islamic dynasties flourished in India, the number of Waqf properties grew.
British Raj Controversy: In the late 19th century, the Privy Council criticised Waqf as “perpetuity of the worst kind” and declared it invalid. However, the Mussalman Waqf Validating Act of 1913 upheld the Waqf system in India, despite British criticism.
Waqf Act, 1954: After independence, the Waqf Act of 1954 was introduced to regulate and manage Waqf properties across India. It established the Central Waqf Council of India (established in 1964 as a statutory body) to oversee the work under various state Waqf boards, established under provisions of Section 9(1) of the Waqf Act, 1954.
Waqf Act, 1995: The Waqf Act of 1995 was introduced to strengthen the management and regulation of Waqf properties (religious endowments) in India. This legislation granted overriding authority over other property laws, ensuring that Waqf assets were administered primarily under Islamic law while enhancing protections against encroachments and mismanagement.
Waqf Act 1995
The Waqf Act, enacted in 1995, governs the management and administration of Waqf properties in India, which are properties dedicated for religious, charitable, or pious purposes under Islamic law. The Act mandates the establishment of Waqf Boards at the state level to oversee these properties. Following are the Key Provisions of the Waqf Act, 1995:
Role of Waqf Bodies: The Act outlines the roles and responsibilities of the Waqf Council, State Waqf Boards, and the Chief Executive Officer, along with the duties of a Mutawalli (caretaker of Waqf properties).
Waqf Tribunals: It also defines the authority and limitations of Waqf Tribunals, which function as substitutes for civil courts within their jurisdiction.
Power of Civil Court: These tribunals hold the same powers and responsibilities as civil courts under the Code of Civil Procedure, 1908.
Binding Power: Additionally, their decisions are final and binding, and no civil court is permitted to entertain lawsuits or legal disputes related to matters under the tribunal’s purview.
Waqf Amendment Bill 2025
Waqf Amendment Bill, 2025, renamed as the UMEED Bill, aims to address several challenges in the administration and management of Waqf properties. It seeks to modernise the framework governing Waqf properties, introduce technology-driven management, address complexities, and ensure transparency. Reintroduced and passed on April 2, 2025, the UMEED bill aims to streamline administrative processes and ensure that Waqf resources are optimally utilised for community development and welfare.
Waqf Amendment Bill 2025 Provisions, Key Changes
Waqf Amendment Bill 2025 introduces several pivotal changes to enhance the management and inclusivity of waqf properties in India. The key amendments introduced in the Waqf Amendment Bill 2025 are as follows:
Renamed as Umeed: The bill has been renamed as the UMEED bill, which stands for ‘Unified Management Empowerment Efficiency and Development’
Inclusion of Non-Muslim Members: To enhance inclusivity, the Waqf Amendment Bill 2025 introduces provisions for the inclusion of non-Muslim representatives in central and state Waqf boards.
‘Waqf By User’ Removed: The Waqf Amendment Bill eliminates the ‘Waqf by user’ provision, which previously allowed properties to be designated as Waqf solely based on their long-term use for religious activities.
However, according to the Waqf Amendment Bill 2025, all waqf-by-user properties registered before the bill’s enactment will retain their status, except for those involved in disputes with the government.
Removal of Section 40: The Waqf Amendment Bill 2025 seeks to abolish Section 40 of the Waqf Act, a provision criticised as overly restrictive, as it granted the Waqf Board the authority to designate any property as Waqf land.
Trusts Excluded from Waqf: Waqf Amendment Bill 2025 establishes a legal separation between trusts and Waqfs, ensuring that trusts created by Muslims, whether before or after the bill’s enactment, do not fall under Waqf regulations if they are governed by other statutory provisions related to public charities.
Waqf Amendment Bill 2025 Significance
The Waqf Amendment Bill 2025 is a significant legislative proposal aimed at modernising and improving the management of Waqf properties in India. It is significant for the following reasons:
Transparency and Accountability: Enhances oversight and regulations to prevent abuse and mismanagement of Waqf properties.
Streamlined Administration: Updates processes and uses technology to improve record-keeping and reduce bureaucratic delays.
Protection of Properties: Introduces stricter penalties and increases Waqf Board powers to prevent encroachment and illegal transfers.
Inclusion and Diversity: Mandates more women and non-Muslims on Waqf Boards to promote diversity and community representation.
Addressing Historical Issues: Introduces new regulations to tackle corruption and inefficiency in Waqf property management.
Also there are following some of the important case laws which depicts that State Waqf Boards are statutory bodies not religious:
Syed Fazal Pookoya Thangal vs Union Of India (UoI) And Ors. (Kerala High Court), (AIR1993KER308): “The Wakf Board is a statutory body, pure and simple. It is not a representative body of the Muslim community”.
Allahabad High Court(Hafiz Mohammad Zafar Ahmad v. UP Central Sunni Board of Waqf, Lucknow (AIR 1965 All 333, per DD Seth, J.) : “A Mutawalli's right is purely a right of management of the property and is not a proprietary right”. The duties of a Mutawalli are purely of a secular character. His duties are not of a religious character.
Syed Fazal Pookoya Thangal vs Union Of India (UoI) And Ors. (Kerala High Court), (AIR1993KER308): “The Wakf Board is a statutory body, pure and simple. It is not a representative body of the Muslim community”.
Allahabad High Court(Hafiz Mohammad Zafar Ahmad v. UP Central Sunni Board of Waqf, Lucknow (AIR 1965 All 333, per DD Seth, J.) : “A Mutawalli's right is purely a right of management of the property and is not a proprietary right”. The duties of a Mutawalli are purely of a secular character. His duties are not of a religious character.
Tilkayat Shri Govindlalji Maharaj v. The State of Rajasthan, (1964 SCR (1) 561), “right to manage the properties of the temple is purely a secular matter and cannot be regarded as the religious practice.”)
Conclusion:
Waqf Boards are Administrative Bodies, Not Religious Institutions
The core function of Waqf Boards is regulatory, not religious. Their responsibilities—such as property registration, financial auditing, legal compliance, and dispute resolution—are statutory in nature, just like the Charity Commissioner for Public Trusts.