Bridging Tradition And Reform: Unpacking Waqf (Amendment) Act, 2025
- IJLLR Journal
- Apr 22
- 2 min read
Pooja Soni & Sangeeta, LLM, National University of Law, Delhi
ABSTRACT
Waqf, an Islamic endowment of property for religious or charitable purposes, has played a crucial role in the socio-economic and cultural development of Muslim communities in India. Rooted in Islamic jurisprudence, waqf involves the permanent dedication of movable or immovable property for purposes recognized as pious under Shariah, such as education, healthcare, religious instruction, and poverty alleviation. Despite its vast potential, the waqf sector in India faces persistent challenges, including encroachment, mismanagement, lack of transparency, and underutilization of assets. This paper provides an overview of the origin, growth, and contemporary status of waqfs in India, examining their legal foundations, administrative structures, and socio-economic contributions. It also explores the critical role of waqf institutions in promoting education and welfare within the Muslim community, while analysing the systemic barriers to their optimal utilization. The study highlights the need for reform-oriented approaches, including digitization, greater accountability, and inclusive policy-making, to revitalize the waqf sector. By bridging traditional religious values with modern governance mechanisms, waqfs in India can be repositioned as powerful instruments for inclusive growth and social justice. The Waqf (Amendment) Act, 2025 marks a significant turning point in the governance and regulation of waqf properties in India. Aimed at enhancing transparency, curbing misuse, and strengthening administrative oversight, the amendment introduces key changes to the functioning of State Waqf Boards, including provisions for digital record-keeping, stricter audits, and the controversial inclusion of non-Muslim members in waqf board advisory roles. While the amendment ostensibly seeks to modernize and protect waqf assets, it has triggered widespread socio-legal debates regarding religious autonomy, minority rights, and the constitutional balance between state intervention and freedom of religion.
Keywords: Waqf Boards, Charitable, Education, Welfare, Property, Religious instruction, Shariah.
