What is the New Waqf Law?
The WAQF AMENDMENT BILL PASSED IN PARLIAMENT abolished over a year-long debate. Redubbed as UMEED Act (Unified Management Empowerment Efficiency and Development), the legislation replaces most parts of the old waqf act 1995 by basically addressing historical inefficiencies and ambiguities in the Waqf property system. It was introduced in Parliament by Union Minister Jyotiraditya Scindia. It sought to ensure transparency in Waqf management, fair practices, and a complete stop to any possible misuse of properties belonging to it.
Legal, technological and administrative reform has all been tied into the bill, including the setup of a centralized digital portal with stricter accounting and auditing procedures with which the transactions and records of waqf can be monitored. By revising outdated provisions and enhancing the role of oversight bodies such as the Central Waqf Council (CWC), the latest Waqf law opens new provisions to prevent arbitrary control over land and resources, clarify them better, extend ownership and increased beneficiaries, and reform obsolete laws.
Non-Muslim Properties Declared as Waqf
- One of the hottest debates regarding the old waqf act of 1995 was the clause "Waqf by user", whereby any property can be waqf land due to continuous religious use even if no legal documentation is available. This usually resulted in much confusion and conflict as to when non-Muslim properties unintentionally fall under waqf.
- The amendment bill of 2025 now omits this controversial provision and stipulates that henceforth only those properties, which were legally dedicated through written deed and donated by practicing Muslims (for minimum five years) only will now be declared as waqf property. This safeguards the rights of other religious groups as well as reduces legal grey areas.
- Furthermore, any property claimed as a Waqf Board of the government must now be confirmed by an officer above the rank of the collector before being declared land as Waqf. This aims at preventing misuse and illegal acquisition especially in tribal and Schedule V/VI areas.
- This is especially important in sensitive matters concerning bohra waqf, aghakhani waqf, and other sect-specific claims leading to litigation and dispute in the past.
Rights of Muslim Women and Legal Heirs
- The WAQF AMENDMENT BILL PASSED IN PARLIAMENT brings provision for women and legal heirs in Muslim communities is very comprehensive. The new law makes it clear that rights of widows, divorced women, orphans, and other such legal heirs will be secured before a property is dedicated as a Waqf.
- Instances can be cited when the waqf was made and the windows were closed on legal inheritance rights of Muslim women and children. This amendment clearly states that these rights are ensured according to Islamic inheritance law and the Indian legal framework.
- It will be an improvement toward gender justice and parity under the legislation concerning the Muslim personal law. Beyond this, it brings in provisions of giving an avenue to appeal in High Courts from tribunal orders regarding heritage disputes, thus widening the legal remedy to cure this kind of grievance. It offers a more systematic route of dispute settlement than earlier limited waqf tribunal powers.
Transparency and Accountability
- This is made possible by the spirit of the UMEED Act, which upholds Transparency in Waqf Management and, consequently, restrains corruption and misappropriation. The UMEED Act introduces the law for the registration of Waqf property through a centralized digital portal within six months from the day of its enactment. This will become a centralized Waqf properties database for monitoring their use across India, ownership, and financial returns.
- The Act intends to further strengthen financial oversight. Any Waqf institution that earns an income of more than one-hundred thousand rupees must maintain a government-mandated accounting and auditing. This audit shall trace income flows, expenditure and verify that funds are used for community welfare, not personal gain or political favours.
- For enhanced administration, Waqf Boards have been restructured to include women and even non-Muslim persons. Though this has raised questions, its intent is to widen perspectives and promote accountability. Further, a Waqf grievance redress designated officer will be stationed in each district, thereby reducing the approximately 90% of cases that enter litigation in courts or tribunals.
- By reducing the obligatory contribution to the State Waqf Boards from 7% to 5%, the Act allows local institutions for Legal Aid & Social Welfare greater autonomy and financial freedom to operate in rural and backward class areas.
- Creation of the centralized digital portal not only ensures transparency but also provides access to citizens, community leaders, and auditors in real-time for public participation in the monitoring of these properties.
Conclusion
Most have favoured the Waqf Amendment Bill 2025 as an urgent reform that addresses gaps in earlier versions of the law, although much criticism has been directed toward the bill. The purpose of the legislation is to concretize the management practices and eliminate obscure legal provisions that allowed for arbitrary assertions against cultural and religious identity in a legally sound and inclusive way for the Muslim community.
Proponents believe the act strengthens the role of Waqf institutions in development, education, health-care, and legal aid and social welfare. It curtails illegal occupations, gives a streamlined record of waqf properties of charitable intent, and sees that funds are utilized in harmony with waqf objectives.
However, critics fear the presence of non-Muslim members on the boards, with the State impinging on religious matters. Real issues are in application by the state government, cooperation from the Waqf Board, and active participation from the civil society.
The UMEED Act provides an example of good practice for how religious charitable institutions can function with integrity, fairness, and transparency in a diverse and secular democracy, owing to new layers of accounting and auditing, a centralized digital portal, and legal clarity.
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