Waqf (Amendment) Act, 2025

UMEED / UWMEED Act | Renaming | Structural Reforms | Constitutional Challenges | Supreme Court Interim Order

AT A GLANCE

The WAQF (AMENDMENT) ACT, 2025 received Presidential assent on 5 April 2025 and came into effect on 8 April 2025. It represents the most SIGNIFICANT restructuring of Indian waqf law since the 1995 Act. Key change: the Waqf Act 1995 is RENAMED as the UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT (UMEED / UWMEED Act). The 2025 Amendment also REPEALS the Mussalman Wakf Act 1923 (adopted through the companion Mussalman Wakf Repeal Act 2024 / 2025) and introduces 25 recommendations from the Joint Parliamentary Committee.

KEY REFORMS: (i) RENAMING to UMEED Act; (ii) REMOVAL of 'waqf by user' for future waqfs — only declaration or endowment permitted; (iii) FIVE-YEAR PRACTISING MUSLIM requirement for waqif; (iv) FORMAL waqf deed mandatory (no more oral-only creation for new waqfs); (v) WOMEN'S REPRESENTATION — at least 2 Muslim women on Central Wakf Council and State Wakf Boards; (vi) NON-MUSLIM REPRESENTATION — non-Muslim members on Wakf Council (up to 4) and State Boards (up to 3); (vii) Wakf TRIBUNAL REFORMS — three-member composition (District Judge + senior officer + Muslim law scholar); (viii) APPEAL from Tribunal to HIGH COURT within 90 days; (ix) LIMITATION ACT 1963 made applicable to waqf disputes; (x) CONTRIBUTION reduced from 7% to 5%; (xi) COLLECTOR / DEPUTY COLLECTOR to conduct surveys (replacing Survey Commissioner); (xii) DIGITAL portal for waqf management; (xiii) WAQF-ALAL-AULAD cannot deny inheritance rights (especially women heirs).

SUPREME COURT INTERIM ORDER (15 September 2025): Asaduddin Owaisi v. Union of India and connected petitions. Supreme Court (Chief Justice B.R. Gavai and Justice A.G. Masih) REFUSED TO STAY THE ACT AS A WHOLE — presumption of constitutionality prevails. However, STAYED certain specific provisions — (i) Section 3(r) five-year practising Muslim requirement (until Union frames rules); (ii) Section 3C designated officer's power to decide waqf / government property disputes (violates separation of powers); (iii) directions on composition — Central Wakf Council not more than 4 non-Muslim members; State Boards not more than 3 non-Muslim members; (iv) efforts to appoint Muslim CEO. Main constitutional challenge under Articles 14, 15, 25, 26, 300A pending final hearing.

1. Legislative History

A. Introduction and Passage

Legislative timeline:

8 August 2024 — Waqf (Amendment) Bill 2024 introduced in Lok Sabha.
9 August 2024 — Referred to Joint Parliamentary Committee (JPC) of 21 Lok Sabha + 10 Rajya Sabha members.
January-March 2025 — JPC extensive review, consultations, and recommendations (25 key recommendations incorporated).
2-3 April 2025 — Bill debated — 12+ hours in Lok Sabha; 14+ hours in Rajya Sabha.
4 April 2025 — Passed by both Houses of Parliament.
5 April 2025 — Presidential assent.
8 April 2025 — Came into force as Waqf (Amendment) Act, 2025.

B. Companion Legislation

The Mussalman Wakf (Repeal) Act 2024 — REPEALS the Mussalman Wakf Act 1923. The 2025 Amendment consolidates all waqf regulation into the renamed UMEED Act framework, eliminating parallel statutory frameworks.

C. Stated Policy Objectives

Government's stated objectives for the amendments:

Enhanced transparency and accountability in waqf administration.
Modernisation through digital governance.
Protecting government and private properties from arbitrary waqf declarations.
Women's empowerment through representation and inheritance protection.
Diverse community representation on waqf bodies.
Streamlined dispute resolution.
Addressing longstanding mismanagement and encroachment issues.

2. Renaming — UMEED / UWMEED Act

A. The New Name

The Waqf Act 1995 is RENAMED as:

NEW OFFICIAL NAME

UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT, 1995

Shortened / acronym forms: UMEED Act / UWMEED Act

The word 'UMEED' itself has Urdu meaning 'hope' — the name reflects the government's framing of the reforms as bringing hope to the community through better governance.

B. Scope

The renamed Act retains the 1995 Act's basic structure and provisions, as modified / amended by the 2025 Act. The amendments are extensive but do not constitute a wholly new statute — the underlying framework continues.

3. Key Reforms in Detail

A. Formation of Waqf — Section 3(r)

Major changes to how a waqf can be created:

Only two modes of creation for new waqfs: (i) DECLARATION by formal waqf deed; (ii) ENDOWMENT (including waqf-alal-aulad).
FORMAL WAQF DEED required — 'no waqf can be created without a formal waqf deed' for new creations.
OWNERSHIP requirement — the declarant must own the property being dedicated.
FIVE-YEAR PRACTISING MUSLIM requirement — only a person practising Islam for at least FIVE YEARS can declare a waqf. (SC stayed this pending rule-framing — see below.)
WAQF-ALAL-AULAD must not deny inheritance to heirs — particularly women heirs. Addresses concerns about family waqfs used to circumvent Quranic inheritance.

B. 'Waqf by User' — Removal

Significant change — the 'waqf by user' doctrine is REMOVED for future waqfs:

Under pre-2025 law — property could be recognised as waqf based on long-term religious / charitable use, even without formal documentation.
Under 2025 Amendment — this doctrine is ELIMINATED for future waqfs. Only formal declaration or endowment creates waqf.
GRANDFATHER CLAUSE — existing waqf-by-user properties REGISTERED before the 2025 Amendment retain their status (except those in dispute with government).
Rationale — addresses misuse where Muslim communities claimed long-term-use properties as waqf, leading to disputes.
Criticism — many ancient waqf properties identified only by continued usage could lose status; documentation gaps widespread.

C. Central Wakf Council — Restructured

Significant composition changes:

CHAIRMAN — Ex officio the UNION MINISTER in charge of waqf (previously broader Muslim community chairmanship).
Members — 3 Members of Parliament (2 Lok Sabha + 1 Rajya Sabha); various experts; women (minimum 2); non-Muslims (up to 2 per amendment, clarified by SC to maximum 4).
Inclusion of various Muslim sects — Shia, Sunni, Bohra, Agakhani representation.
Eminent scholars of Muslim law, former judges — specified member categories.
Experts — administration, finance, engineering, medicine.

D. State Wakf Boards — Restructured

Similar composition changes:

Up to 11 nominated members — plus ex-officio members.
2 Muslim women — minimum representation.
Up to 3 non-Muslim members — (per SC direction).
Diverse Muslim sects — Shia, Sunni, Bohra, Agakhani, other communities.
Separate Boards for Bohras and Aghakhanis — optional state-level establishment.
No vote of no confidence against Chairperson — removal provision omitted (stability emphasis).

E. Chief Executive Officer

Under Section 23 of the amended Act — CEO of the Board shall, as far as possible, be from the MUSLIM COMMUNITY (SC direction).

F. Non-Muslim Representation — Rationale and Controversy

The inclusion of non-Muslims on Wakf Boards:

Government's rationale — donors, litigants, lessees, tenants of waqf properties may be non-Muslim; stakeholder representation.
Secular regulation emphasis — Section 96 empowers Central Government to regulate secular aspects of waqf institutions.
Constitutional controversy — petitioners argued violation of Article 26(b) and (d) — freedom of religious denominations to manage own affairs.
SC interim view — inclusion not struck down but LIMITED — not more than 4 non-Muslims on Central Wakf Council; not more than 3 on State Boards.

4. Key Reforms (Continued)

A. Wakf Tribunal Reforms

Tribunal composition changed (Section 83 amendment):

Three members — (previously two-member).
Chairman — current or former DISTRICT JUDGE.
Second member — senior government officer equivalent to JOINT SECRETARY.
Third member — scholar knowledgeable in Muslim law and jurisprudence.

B. Appeals to High Court

New appeal framework:

Pre-2025 — limited appeal routes from Wakf Tribunal; tribunal decisions difficult to challenge.
2025 Amendment — Appeals from Wakf Tribunal to HIGH COURT within 90 DAYS of the order.
Rationale — provides remedy against arbitrary tribunal decisions; enhances accountability.

C. Limitation Act 1963 Applicability

Major procedural change — Limitation Act 1963 now APPLIES to all claims or interests concerning immovable waqf property:

Pre-2025 — Limitation Act specifically EXCLUDED for waqf matters.
2025 Amendment — Limitation Act applies. Claims must be filed within prescribed periods.
Consequence — stale claims time-barred. Long-pending disputes affected.
SC upheld — court found provision corrects earlier 'discrimination' (where waqf had unique exemption from limitation).

D. Contribution Reduced from 7% to 5%

Mutawalli contribution to Wakf Board:

Pre-2025 — 7% of net annual income.
2025 Amendment — 5% of net annual income.
Rationale — more funds available for charitable purposes; reduced administrative burden.
Application — waqf institutions earning over Rs. 1 lakh annually subject to government-mandated audits.

E. Collector / Deputy Collector for Surveys

Survey provisions changed (Sections 4-8):

Pre-2025 — Survey Commissioner and Additional Commissioners.
2025 Amendment — COLLECTOR (or designated officer not below Deputy Collector) performs survey functions.
State revenue laws — surveys to follow state revenue procedures.
Mutation process — detailed procedure with notice to all concerned before recording property as waqf.
Rationale — leveraging existing revenue administration; reducing delays in survey completion.

F. Government Property as Waqf — Section 3C

New provision on government property:

Section 3C(1) — property identified as Government property ceases to be waqf.
Section 3C(2) — designated officer (above Collector rank) conducts inquiry and submits report.
Section 3C(3) — property not treated as waqf until officer's inquiry complete.
Rationale — protects government property from being arbitrarily declared waqf.
SC stay — executive officers cannot unilaterally adjudicate citizens' rights; violates separation of powers. Stayed.

G. Section 40 Omission

Section 40 of the Waqf Act 1995 — which empowered Waqf Boards to unilaterally determine whether a property qualifies as waqf — is OMITTED by the 2025 Amendment:

Pre-2025 — Waqf Board had authority to declare property as waqf.
2025 Amendment — provision deleted.
Rationale — addresses allegations of arbitrary waqf declarations affecting private and government properties.

H. Digital Management

Technology integration:

Unified digital portal — for waqf registration, management, auditing.
Central database — of all waqf properties.
Centralised registration within six months — of Act commencement.
Certificate of registration — issued through official portal.
Online audit, leasing, litigation — streamlined management.

5. Waqf-Alal-Aulad — Specific Changes

A. Inheritance Rights Protection

Significant change to family waqf:

Pre-2025 — family waqf could effectively keep property from heirs through perpetual dedication.
2025 Amendment — waqf-alal-aulad must NOT result in DENIAL OF INHERITANCE RIGHTS to the donor's heirs, INCLUDING WOMEN HEIRS.
Rationale — addresses situations where family waqfs circumvent Quranic inheritance (particularly disadvantaging women heirs).
Implications — reshapes traditional family waqf structures; heirs cannot be totally excluded from inheritance through waqf.

B. Practical Impact

This reform requires:

Structure family waqfs to preserve inheritance rights.
Women heirs specifically protected against complete disinheritance via waqf.
Practical drafting changes for new family waqfs.
Review of existing family waqfs for compliance.

C. Balancing Traditional and Modern

The amendment balances:

Continuation of family waqf as an Islamic institution (from Mussalman Wakf Validating Act 1913 onwards).
Protection of Quranic inheritance rights.
Gender equality in inheritance.
Constitutional requirements under Article 14 and 15.

6. Women's Empowerment Provisions

A. Representation on Waqf Bodies

Central Wakf Council — at least 2 Muslim women members.
State Wakf Boards — at least 2 Muslim women members.
Rationale — constitutional values of gender equality; waqf governance inclusivity.

B. Inheritance Rights Protection

Family waqfs cannot deny inheritance to women heirs.
Aligns with Quranic inheritance scheme protecting women's shares.
Addresses traditional family practices that circumvented women's inheritance.

C. Women's Welfare Programs

Additional welfare provisions:

Scholarships for Muslim girls.
Vocational training programs.
Legal aid centers for inheritance disputes.
Support for widows and divorced women.
Self-help groups and financial independence programs.

7. Supreme Court Interim Order — Asaduddin Owaisi v. Union of India

A. Case Context

Multiple petitions filed challenging the 2025 Amendment:

Lead petition — Asaduddin Owaisi v. Union of India, W.P.(C) No. 269/2025.
Consolidated — In re: Waqf (Amendment) Act, 2025.
Grounds of challenge — Articles 14, 15, 19, 21, 25, 26, 29, 30, 300A.
Petitioners — Muslim political leaders, AIMPLB, individual Muslims.

B. Primary Challenges

Section 3(r) — five-year practising Muslim requirement — challenged as discriminatory and arbitrary.
Section 3C — Collector / designated officer's power to declare government property status — challenged as violating separation of powers.
Section 14 — Wakf Board composition with non-Muslim members — challenged under Article 26.
Section 23 — CEO's religious requirement — challenged for not mandating Muslim.
Removal of 'waqf by user' — challenged as affecting existing religious properties.
Limitation Act applicability — challenged as removing protective framework.

C. Supreme Court's Interim Order — 15 September 2025

Pronounced by Bench of CJI B.R. Gavai and Justice A.G. Masih:

Overall Approach

Supreme Court REFUSED to stay the Act as a WHOLE.
Presumption of constitutionality upheld.
Striking down a statute reserved for rarest cases.
However, SPECIFIC provisions stayed for constitutional concerns.

Provisions Stayed

Section 3(r) five-year practising Muslim requirement — STAYED until Union frames rules to determine who is a 'practising Muslim'.
Section 3C designated officer's power — STAYED. Executive officers cannot adjudicate citizens' rights; violates separation of powers. Property titles will not be affected until final adjudication through Wakf Tribunal and higher courts.
Third-party rights in disputed waqf property — Waqf cannot create third-party rights while adjudication pending.

Provisions Upheld (Prima Facie)

Mandatory registration requirement — not discriminatory; registration required under all enactments since 1923.
Removal of 'waqf by user' — no prima facie reason to stay; registered waqfs before 2025 retain status; misuse for encroaching government lands justified removal.
Limitation Act applicability — corrects earlier discrimination; uniformity in proceedings.
Ownership requirement for waqf creation — Quranic principle (Baqarah) — cannot do charity using others' property.
Deletion of Section 104 (non-Muslim donation to waqf) — consistent with Section 3(r); not struck down.

Composition Restrictions

Central Wakf Council — NOT more than 4 non-Muslim members.
State Wakf Boards — NOT more than 3 non-Muslim members.
CEO of Waqf Board should 'strive to ensure' appointment from Muslim community.
Registration time extended.

Ongoing Adjudication

The observations are PRIMA FACIE and do not prevent parties from submitting further arguments. Final judgment on constitutional validity pending.

8. Constitutional Analysis

A. Article 26 — Freedom to Manage Religious Affairs

The central constitutional question:

Article 26 — protects religious denominations' right to manage own affairs, establish institutions, own property, administer per law.
Petitioners' argument — Waqf Boards are essentially Muslim religious institutions; non-Muslim representation violates autonomy.
Government's counter — Waqf administration is SECULAR regulation (not religious practice); stakeholders include non-Muslims; broader expertise needed.
SC's prima facie view — distinction between religious activities (protected) and secular regulation (permissible).

B. Article 25 — Freedom of Religion

Individual freedom to practice, profess, propagate religion.
Subject to reasonable restrictions.
Five-year practising requirement challenged; SC stayed pending rules.

C. Articles 14 and 15 — Equality

Differential treatment of Muslims in waqf administration — historically accepted as reasonable classification.
Special burden arguments (only Muslims subject to specific waqf law) — Government's response: Muslims opted for waqf system; framework accommodates religious specificity.

D. Article 300A — Property Rights

Removal of 'waqf by user' and potential reclassification of properties — challenged as property deprivation.
SC found: pre-2025 registered waqfs retained; post-Act formal documentation required.

E. Article 44 — Uniform Civil Code

Directive principle; not justiciable.
2025 Amendment not framed as UCC step but as efficiency / transparency measure.

9. Practical Impact

A. For Existing Waqfs

Registered waqfs retain status (grandfather protection).
Subject to new registration / audit requirements.
Governance structures must comply with new provisions.
Transition period provisions.

B. For New Waqf Creation

Formal waqf deed required — no oral-only creation.
Declarant must own the property — verified.
Five-year practising Muslim — (pending rules).
No waqf by user — formal dedication required.
Registration through digital portal — mandatory.
Inheritance rights respected — in waqf-alal-aulad.

C. For Waqf Administration

Digital management systems required.
New governance structures with women and non-Muslim members.
5% contribution (reduced from 7%).
Reformed Tribunal composition.
High Court appeal availability.
Limitation Act applicability.

D. For Disputes

Tribunal with three members including Muslim law scholar.
Faster procedures.
Appeals to High Court within 90 days.
Time-barred claims under Limitation Act.

10. Concerns and Criticisms

A. Petitioner / Community Concerns

Violation of religious autonomy under Article 26.
Non-Muslim representation undermines religious character.
Five-year practising requirement discriminatory.
Removal of waqf by user affects ancient undocumented properties.
Collector's role creates administrative bias.
Loss of existing waqf properties through statutory reclassification.
Centralisation of Union Government control.

B. Government's Responses

Regulation is secular, not religious.
Stakeholder representation ensures fairness.
Five-year requirement prevents conversion-based waqf creation for tactical purposes.
Waqf by user removal prevents encroachment on government / private properties.
Collector leverages existing administrative infrastructure.
Registered waqfs fully protected.
Centralisation enables uniform standards.

C. Academic and Legal Commentary

Divided views among legal scholars.
Supportive: greater transparency, anti-corruption, modernisation.
Critical: erosion of religious autonomy, community control, historical waqf property.
Balanced: reform needed; specific provisions require refinement.

D. Ongoing Protests

'Save Waqf, Save Constitution' movement.
Political opposition from AIMIM, Congress, other parties.
Protests in various states, including violent incidents in West Bengal (Murshidabad) and Tripura.
AIMPLB's opposition.

11. Comparison — 1995 Act vs 2025 Amendment

Feature	1995 Act (pre-2025)	2025 Amendment (UMEED)
Act name	Wakf Act 1995	Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995
Modes of creation	Declaration, user, endowment	Declaration, endowment only (no 'by user')
Waqif requirement	Any Muslim	Muslim practising 5+ years (stayed by SC)
Formal deed	Not required for all creations	Mandatory
Ownership verification	Classical assumption	Formal requirement
Central Wakf Council composition	All Muslim; 2 women	Includes 2-4 non-Muslims; 2 women
State Wakf Board composition	Muslim members; 2 women	Up to 3 non-Muslims; 2 women; sect diversity
Survey	Survey Commissioner	Collector / Deputy Collector
Tribunal composition	2 members	3 members (incl. Muslim law scholar)
Appeals from Tribunal	Limited	High Court within 90 days
Limitation Act	Not applicable	APPLICABLE
Mutawalli contribution	7% of net income	5% of net income
Section 40 Waqf Board declaration power	Exists	OMITTED
'Waqf by user' for future	Recognised	REMOVED
Waqf-alal-aulad inheritance rights	Flexible	Must not deny heirs' inheritance
Digital portal	Not mandated	Unified national portal
Mussalman Wakf Act 1923	In force alongside	REPEALED

XII. Leading Cases and Developments

1. Asaduddin Owaisi v. Union of India, W.P.(C) No. 269/2025

2. In re: Waqf (Amendment) Act, 2025

3. State-Level Challenges

XIII. Exam Corner

RAPID-FIRE FACTS — WAQF AMENDMENT ACT 2025

Waqf (Amendment) Act, 2025 — Presidential assent 5 April 2025; came into force 8 April 2025.

Renamed to UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT / UMEED Act / UWMEED Act.

Repealed Mussalman Wakf Act 1923 through companion Repeal Act.

Incorporates 25 recommendations from Joint Parliamentary Committee.

'Waqf by user' REMOVED for future waqfs (existing registered waqfs retained).

Formal waqf deed MANDATORY for new waqfs.

Five-year practising Muslim requirement (Section 3(r)) — STAYED by SC pending rules.

Ownership required; cannot dedicate others' property.

Waqf-alal-aulad cannot deny inheritance to heirs (especially women).

Central Wakf Council — max 4 non-Muslim members (per SC); 2 Muslim women minimum.

State Wakf Boards — max 3 non-Muslim members (per SC); 2 Muslim women minimum.

Sect representation — Shia, Sunni, Bohra, Agakhani, other communities.

Optional separate Boards for Bohras and Aghakhanis.

Wakf Tribunal — 3 members (District Judge + Joint Secretary level + Muslim law scholar).

Appeals to High Court within 90 days.

Limitation Act 1963 now APPLIES to waqf disputes (major change).

Mutawalli contribution REDUCED from 7% to 5% of net income.

Collector / Deputy Collector conducts surveys (replaces Survey Commissioner).

Section 40 (Wakf Board's declaration power) OMITTED.

Section 3C — Collector's power over government property — STAYED by SC (separation of powers).

Unified digital portal for waqf registration, management.

Asaduddin Owaisi v. Union of India — lead constitutional challenge case.

SC interim order 15 September 2025 (CJI Gavai + Masih J.).

Final constitutional validity pending.

Practice Questions

Discuss the Waqf (Amendment) Act 2025 and its significance. (20 marks)
Explain the renaming of the Waqf Act 1995 to UMEED Act. What are its implications? (15 marks)
Discuss the removal of 'waqf by user' doctrine and the five-year practising Muslim requirement. (20 marks)
Analyse the changes to Central Wakf Council and State Wakf Boards under the 2025 Amendment. Are the provisions on non-Muslim representation constitutional? (20 marks)
Discuss the Wakf Tribunal reforms under the 2025 Amendment. (15 marks)
Explain the Supreme Court's interim order in Asaduddin Owaisi v. Union of India. Which provisions were stayed? (20 marks)
Discuss the inheritance rights protection for heirs (especially women) in waqf-alal-aulad under the 2025 Amendment. (15 marks)
Compare the 1995 Waqf Act with the 2025 Amendment (UMEED Act). (20 marks)
Examine the constitutional challenges to the Waqf Amendment Act 2025 under Articles 14, 25, 26, 300A. (25 marks)
Critically evaluate whether the Waqf (Amendment) Act 2025 strikes an appropriate balance between regulatory reform and religious autonomy. (20 marks)
MCQ: The Waqf Act 1995 was renamed by the 2025 Amendment as — (a) Islamic Waqf Act (b) Unified Waqf Management, Empowerment, Efficiency and Development Act (c) Muslim Charities Act (d) Central Waqf Administration Act. Answer: (b).
MCQ: Under the 2025 Amendment, a waqf can be created only by a person practising Islam for — (a) 1 year (b) 3 years (c) 5 years (d) 10 years. (Stayed by SC.) Answer: (c).
MCQ: 'Waqf by user' doctrine under the 2025 Amendment — (a) Retained unchanged (b) Expanded (c) Removed for future waqfs (d) Made mandatory. Answer: (c).
MCQ: Mutawalli contribution to State Wakf Board under 2025 Amendment is — (a) 3% (b) 5% (c) 7% (d) 10%. Answer: (b).
MCQ: Appeals from Wakf Tribunal under the 2025 Amendment lie to — (a) Supreme Court directly (b) High Court within 90 days (c) District Court (d) Wakf Council. Answer: (b).
MCQ: The SC interim order in Asaduddin Owaisi v. Union of India stayed — (a) Entire Waqf Amendment Act (b) Section 3(r) five-year practising Muslim requirement (c) Formation of Wakf Tribunals (d) Registration requirements. Answer: (b).
MCQ: Under the 2025 Amendment, waqf-alal-aulad — (a) Can completely deny inheritance to heirs (b) Cannot deny inheritance to heirs, including women heirs (c) Is prohibited entirely (d) Requires government approval. Answer: (b).

XIV. Conclusion

The Waqf (Amendment) Act 2025 represents the most SIGNIFICANT RESTRUCTURING of Indian waqf law since the 1995 Act. The renaming to UMEED / UWMEED Act signals the government's aspiration for comprehensive modernisation. Key changes — removal of 'waqf by user', mandatory formal deeds, restructured Central Wakf Council and State Wakf Boards with women and non-Muslim representation, reformed Wakf Tribunal, applicability of Limitation Act, reduced contribution (5%), digital management, and inheritance rights protection in waqf-alal-aulad — collectively transform the regulatory landscape.

Constitutional challenges are pending before the Supreme Court. The interim order of 15 September 2025 (Asaduddin Owaisi v. Union of India) refused to stay the Act as a whole but stayed specific provisions — Section 3(r) five-year practising Muslim requirement, Section 3C Collector's adjudicative power. Final constitutional validity awaits determination. The Act's implications for religious autonomy (Article 26), equality (Articles 14, 15), freedom of religion (Article 25), and property rights (Article 300A) remain actively contested.

For the judicial aspirant, this is an EVOLVING TOPIC of highest contemporary importance. Six anchors secure it. First, the RENAMING to UMEED Act and its scope. Second, the KEY REFORMS — removal of waqf by user, formal deed mandate, composition changes, Tribunal reform, Limitation Act applicability. Third, the SUPREME COURT INTERIM ORDER — which provisions stayed, which upheld prima facie. Four, the CONSTITUTIONAL DIMENSIONS — Articles 14, 15, 25, 26, 300A arguments. Fifth, the IMPACT ASSESSMENT — on existing waqfs, new waqfs, administration, disputes. Sixth, the ONGOING NATURE of constitutional adjudication — final judgment awaited. Topic 105 compares waqf with trust and Hindu endowment, providing comparative framework. Topic 106 compiles landmark judgments across the waqf domain including the emerging Asaduddin Owaisi line of jurisprudence.

XV. Frequently Asked Questions

Q1. What is the Waqf (Amendment) Act 2025?

The Waqf (Amendment) Act 2025 is a comprehensive reform of India's waqf law that received Presidential assent on 5 April 2025 and came into force on 8 April 2025. It renames the Waqf Act 1995 as the UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT (UMEED / UWMEED Act). The amendment also REPEALS the Mussalman Wakf Act 1923. It introduces 25 recommendations from a Joint Parliamentary Committee and substantially restructures waqf governance — addressing registration, administration, Tribunal composition, mutawalli regulation, and more.

Q2. What does 'UMEED Act' stand for?

UMEED stands for UNIFIED WAQF MANAGEMENT, EMPOWERMENT, EFFICIENCY AND DEVELOPMENT ACT. Also spelt UWMEED. The word 'Umeed' in Urdu means 'hope' — reflecting the government's framing of the reforms as bringing hope and progress to waqf administration. The Act retains the 1995 Act's underlying structure but with the new title reflecting the reform agenda.

Q3. What is the 'waqf by user' doctrine and what happened to it?

'Waqf by user' was a classical doctrine under which property could be recognised as waqf based on long-term religious / charitable use, even without formal documentation. Many ancient waqfs had no written deeds — only tradition. The 2025 Amendment REMOVES this doctrine for FUTURE waqfs — only formal declaration or endowment creates new waqf. IMPORTANT: existing waqf-by-user properties registered BEFORE the 2025 Amendment RETAIN their status (except those in dispute with government). The Supreme Court found the removal justified due to widespread misuse where the doctrine was invoked to claim encroachment on government properties.

Q4. What is the five-year practising Muslim requirement?

Under Section 3(r) of the amended Act, ONLY a person who has been 'PRACTISING ISLAM FOR AT LEAST FIVE YEARS' can declare a waqf. Rationale: prevents strategic conversions to Islam for the specific purpose of creating waqfs that preserve property. STATUS: Supreme Court has STAYED this provision (15 September 2025). The Court held that the requirement could lead to arbitrary exercise of power without a mechanism to determine who is a 'practising Muslim'. The provision will come into effect only after the Union frames rules specifying how to assess five-year practice. Currently not operative.

Q5. What are the changes to Wakf Boards composition?

MAJOR CHANGES: (i) CENTRAL WAKF COUNCIL — chaired ex officio by Union Minister in charge of waqf; 3 MPs (2 LS + 1 RS); various experts; AT LEAST 2 Muslim women members; NON-MUSLIM MEMBERS (up to 4 per SC direction). (ii) STATE WAKF BOARDS — up to 11 nominated members + ex-officio; AT LEAST 2 Muslim women; up to 3 NON-MUSLIM MEMBERS (per SC direction); representation from various Muslim sects (Shia, Sunni, Bohra, Agakhani). (iii) Optional separate Boards for Bohras and Aghakhanis. (iv) Removal of vote-of-no-confidence provision — stability emphasis. (v) CEO should 'strive to ensure' Muslim community member (per SC direction).

Q6. What is the Supreme Court's interim order on the Act?

On 15 September 2025, in Asaduddin Owaisi v. Union of India, W.P.(C) No. 269/2025, the Supreme Court (CJI B.R. Gavai and Justice A.G. Masih) issued a key interim order: (i) REFUSED TO STAY THE ACT AS A WHOLE — presumption of constitutionality; (ii) STAYED Section 3(r) five-year practising Muslim requirement pending rule-framing; (iii) STAYED Section 3C Collector's power to decide waqf / government property disputes (violates separation of powers); (iv) LIMITED non-Muslim representation — max 4 on Central Wakf Council; max 3 on State Boards; (v) CEO 'strive' to be from Muslim community; (vi) Registration period extended. Main constitutional validity awaits final judgment.

Q7. What is the impact on waqf-alal-aulad (family waqf)?

Under the 2025 Amendment, waqf-alal-aulad (family waqf) must NOT deny inheritance rights to the donor's heirs, INCLUDING WOMEN HEIRS. This is a significant departure from some traditional family waqf structures that effectively kept property out of inheritance. Impact: (i) family waqfs must be structured to preserve inheritance rights; (ii) women heirs specifically protected from complete disinheritance; (iii) practical drafting changes for new family waqfs; (iv) existing family waqfs may need review for compliance. The reform aligns with Quranic inheritance principles and constitutional gender equality.

Q8. What are the changes to the Wakf Tribunal?

Section 83 amendment: The Wakf Tribunal now has THREE MEMBERS (previously two): (i) Chairman — current or former DISTRICT JUDGE; (ii) Second member — senior government officer equivalent to JOINT SECRETARY; (iii) Third member — SCHOLAR knowledgeable in Muslim law and jurisprudence. Appeals from Tribunal now lie to HIGH COURT within 90 DAYS of the order. Limitation Act 1963 is now APPLICABLE to waqf disputes (previously excluded). These changes aim to improve Tribunal credibility, expertise, and appellate remedies.

Q9. What is the constitutional controversy?

Petitioners argue the 2025 Amendment violates: (i) ARTICLE 14 — equality; (ii) ARTICLE 15 — non-discrimination based on religion; (iii) ARTICLE 21 — right to life and dignity; (iv) ARTICLE 25 — freedom of religion; (v) ARTICLE 26 — freedom of religious denominations to manage own affairs; (vi) ARTICLE 300A — property rights. Main concerns: non-Muslim representation on Wakf Boards violates Article 26; five-year practising Muslim requirement discriminatory; removal of 'waqf by user' affects ancient religious properties; Collector's adjudicative power violates separation of powers. Government's defence emphasises that regulation is SECULAR (not religious) and serves legitimate state interests in transparency, anti-corruption, and modernisation. The Supreme Court's prima facie view (interim order) struck a middle ground — most provisions upheld, specific concerns addressed through stays and restrictions. Final judgment pending.