Critical Analysis of Waqf Amendment Act, 2025

Abstract

Waqf is a longstanding institution in Islamic tradition that reflects the deep-rooted culture of generosity within Muslim societies. For generations, it has been a way to allocate wealth for the greater social good. Through Waqf, individuals permanently dedicate property or assets to support religious, educational, social, or charitable causes. However, overseeing these endowed properties involves navigating various challenges—maintaining the original charitable intent while complying with legal frameworks and addressing the expectations of beneficiaries. Managing Waqf properties becomes increasingly complex when viewed in light of the Transfer of Property Act, 1882. 1As a foundational statute in Indian property law, the Act plays a crucial role in shaping how Waqf assets are administered and transferred. It presents both potential benefits and legal hurdles, demanding a careful and informed approach to ensure compliance while preserving the charitable intent of the Waqf. 2As we delve into the realm of Waqf property management, it becomes clear that the philosophical foundations of Waqf resonate with the broader goals of benevolence and community welfare. The concept of Waqf, stemming from the Arabic root ‘waqafa’ meaning to immobilize or make a perpetual dedication, has been a fundamental pillar of Islamic philanthropy since its inception. The primary objective of a Waqf is to benefit the public by providing essential services to the community, spanning 1 Isha Bharti , Waqf Property Management: Balancing objective,constraints and Beneficiary concerns, JclJ (2023) 262 2 Eman Assi, ‘Islamic waqf and management of cultural heritage in Palestine, International Journal of heritage studies,14(4), 2008 Volume 3 – Issue 1 Journal of Multi-Disciplinary Legal Research ISSN: 2582-9947 domains such as education, healthcare, and social welfare. The waqf amendment act 2025 or UMEED ACT 2025 which is being passed is suffering from certain legal lacunae where the clause of introducing a non muslim member in the waqf board is creating a turbulence with respect to Article 26 where religious denominations having the fundamental right to manage their own affairs and removing clause 40 where Waqf board was having autonomy to declare any property as waqf have been reduced as power has been shifted to the Government officials. Concept of waqf by user is also being eliminated and here the provision is being made that any person who is practicing Islam for 5 years can make waqf and that too be deed which raises an important question that the waqf that is being declared orally have no legal sanctity at all or waqf which is being declared before partition can now be declared by government as the government property. Moreover it is also contentious that to survey waqf property District Magistrate is invoilved and also to adjudicate whether any property is waqf property or not is also to be adjudicate by District Magistrate which is the sheer violation of natural justice an