The Effect Of The Waqf Amendment Act Of 2025 On Muslim Endowments In India
- IJLLR Journal
- 15 hours ago
- 2 min read
Navdeep Kour, Lecturer, Dogra Law College
Mahapara Ali, Advocate Jammu and Kashmir High Court
ABSTRACT
An important turning point in the development of waqf governance in India has been reached with the Waqf (Amendment) Act, 2025, which introduces a comprehensive reform agenda meant to address the structural problems and long-standing inefficiencies that plague the management of waqf properties. The amendment aims to modernize the waqf system through improved digitization, centralized oversight, and stronger regulatory mechanisms. It was enacted with the stated goals of fostering transparency, preventing widespread encroachments, simplifying record-keeping, and guaranteeing accountable management. But in spite of its progressive language, the Act has generated a lot of discussion and criticism from a range of stakeholders, especially legal scholars and minority populations. Increased state and bureaucratic involvement in religious endowments, the possible erosion of minority autonomy, and the alleged violation of the Indian Constitution's guarantees of property rights and religious freedom have all drawn criticism. Fundamental concerns regarding the autonomy of religious institutions, the secular character of government, and the protection of minority rights under Articles 25 to 30 of the Constitution are brought up by the shifting balance between governmental authority and community-led management. The main clauses, policy reasons, and ramifications for the governance of waqf properties are all examined in this paper's critical legal and socio-political analysis of the Waqf (Amendment) Act, 2025. It examines the hazards of centralizing and bureaucratizing what are primarily community-driven religious trusts and assesses how well the suggested reforms address problems like corruption, misappropriation, and unlawful possession of waqf properties. The paper examines pertinent legislative discussions, judicial rulings, administrative procedures, and statutory frameworks using a doctrinal and policy-analytical methodology.
Keywords: Waqf, Indian Constitution, Minority, Amendment, Protection
