🕌 Understanding the Waqf Act, 1995 (with 2025 Amendments): A Complete Legal Overview
- Thota Devaraju
- 2 days ago
- 3 min read
The Waqf Act, 1995, is a cornerstone legislation governing waqf properties in India—properties that are permanently dedicated by Muslims for religious, pious, or charitable purposes. With the Waqf (Amendment) Bill, 2025, the Act has seen important changes to improve governance, transparency, and protection of waqf assets across India.
This detailed guide walks you through the Waqf Act, 1995, including the key 2025 amendments, offering legal insights for individuals, mutawallis (managers), and institutions dealing with waqf properties.
📘 What is Waqf?
A Waqf (plural: Awqaf) is a permanent dedication of movable or immovable property by a Muslim for religious or charitable purposes, recognized under Islamic law and Indian legal framework. Once declared as Waqf, the property cannot be sold, transferred, or inherited, and is managed by a Mutawalli (caretaker).
⚖️ Key Features of the Waqf Act, 1995
Establishment of Waqf Boards
Each state/UT has a State Waqf Board responsible for managing and protecting waqf properties.
The Central Government may establish the Central Waqf Council to oversee implementation.
Survey of Waqf Properties
Mandatory surveys are conducted by Waqf Boards to list and document waqf assets.
Appointment of Mutawalli
A person appointed to manage a waqf property must act in good faith and in accordance with the waqf deed and the law.
Prohibition on Sale/Transfer
Waqf properties cannot be sold, transferred, or mortgaged without prior permission of the Waqf Board.
Tribunals for Dispute Resolution
Special Waqf Tribunals are constituted to handle disputes relating to title, possession, and use of waqf properties.
Encroachment and Eviction
The Act provides powers to remove encroachments on waqf land with due process.
🔄 Waqf (Amendment) Bill, 2025 – What Has Changed?
In light of increasing complaints regarding mismanagement and encroachment, the Waqf Amendment Bill, 2025 introduces reforms to enhance accountability and digitization:
✅ Key Amendments Introduced in 2025
Mandatory Digital Registration of Waqf Properties
All Waqf properties to be digitally registered with geotagging and mapping for transparency.
Integration with land revenue and registration departments for cross-verification.
Time-Bound Disposal of Encroachment Cases
Encroachment cases to be resolved within 180 days by Waqf Tribunals.
Provision for summary eviction of unauthorized occupants after due notice.
Strengthened Role of Waqf Boards
Enhanced powers to Boards for inspection, audit, and financial oversight of waqf properties.
Annual report submission to the Central Waqf Council made mandatory.
Punitive Measures for Mismanagement
Heavier penalties and imprisonment provisions for misappropriation of waqf funds or illegal alienation of property.
Public Access and Transparency
Online portal to provide public access to waqf property details.
Citizens can lodge complaints about encroachments or mismanagement through a centralized grievance mechanism.
Women Representation
Mandatory representation of Muslim women in State Waqf Boards to promote inclusivity.
🧑⚖️ Legal Implications & Why Legal Assistance Matters
Managing or dealing with waqf property involves complex intersections of personal law, property law, and public interest litigation. Whether you are:
A Mutawalli seeking to update waqf records,
An individual in dispute over waqf land title,
An NGO using waqf land for community welfare, or
A government body overseeing religious trusts,
Legal consultation is crucial to ensure compliance, resolve disputes, and protect waqf interests. Disclaimer:
The content offered is intended solely for general informational use and should not be considered legal advice. For any legal inquiries or issues, it is essential to seek guidance from a qualified attorney.