Reimagining India’s Waqf Laws with a Global Lens

Waqf’s Legacy

Bharat, home to 1.4 billion people, is a vibrant mosaic of cultures and religions. Hindus make up roughly 80% of the population, while Muslims, at about 14% (approximately 200 million), form the world’s third-largest Muslim community. Despite a secular Constitution, disparities in managing religious endowments persist. Hindu temples often face stringent state oversight, with their offerings tightly regulated, whereas Muslim Waqf Boards have historically wielded significant autonomy, occasionally claiming entire villages or non-Muslim religious sites. To address these issues, the government introduced the Waqf Amendment Act, 2025, officially titled the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act. This legislation aims to modernize waqf governance through digitization, rationalized authority, and inclusive representation, including non-Muslims on Waqf Boards to safeguard against claims on non-Muslim properties.

The government frames the Act as a progressive step toward transparency and accountability, curbing corruption and ensuring waqf resources benefit marginalized Muslims, particularly women and orphans. However, opposition leaders, clerics, and critics argue it infringes on Muslim religious autonomy, accusing the state of targeting community rights. This debate mirrors practices in countries like Turkey, Pakistan, and Malaysia, where state oversight of waqf properties ensures transparency without undermining their charitable purpose. Is the Act a genuine reform, or has it been politicized as a communal trigger by vested interests? This question lies at the heart of the controversy.

Historical Context: Waqf’s Evolution and Challenges

The waqf system, rooted in Islamic traditions of charitable endowments, flourished in Bharat during the Delhi Sultanate and Mughal eras. Post-independence, the Waqf Act of 1954 centralized waqf management under state Waqf Boards. Amendments in 1995 and 2013 expanded these boards’ powers, allowing them to claim properties based on prolonged religious use or even subjective opinion, often without judicial recourse. This led to contentious claims, including over non-Muslim properties, fueling demands for reform. By 2025, waqf holdings reportedly spanned over 39 lakh acres, underscoring the need for transparent and equitable governance.

The original Waqf Act granted significant autonomy to Waqf Boards, but allegations of corruption, mismanagement, and opaque land dealings persisted. The Sachar Committee Report (2006) highlighted over 6 lakh acres of waqf land, yet audit trails and revenue data remained scarce. These challenges set the stage for the 2025 reforms.

Key Provisions of the Waqf Amendment Act, 2025

The Waqf Amendment Act introduces several measures to address longstanding issues in waqf governance:

Digitization of Records: Mandates digital governance to ensure transparency in waqf land records.

Regular Audits: Requires periodic audits to track revenue and curb mismanagement.

Dispute Resolution: Empowers district magistrates to mediate land disputes, reducing arbitrary claims.

Inclusive Representation: Includes non-Muslims and women on Waqf Boards to promote equitable decision-making and protect non-Muslim properties.

Sect Diversity: Ensures representation of all Muslim sects to reflect the community’s diversity.

Alignment with Global Practices: Draws inspiration from Muslim-majority countries where state oversight enhances accountability without compromising waqf’s charitable goals.

Supporters argue that these reforms align waqf governance with constitutional principles of equality and transparency. They emphasize that waqf’s core purpose—supporting the poor, women, and orphans—has been underserved due to inefficiencies. The Act redirects resources toward scholarships for Muslim girls, healthcare, maternity welfare, and aid for widows and orphans, fulfilling waqf’s social mission.

The Controversy: Reform or Overreach?

Critics, however, view the Act as an assault on Muslim religious autonomy. They argue that state intervention, particularly the inclusion of non-Muslims on Waqf Boards, undermines the community’s right to manage its religious institutions. This criticism overlooks practices in Muslim-majority nations, where state involvement ensures accountability without eroding waqf’s purpose. The provision for non-Muslim representation addresses concerns over Waqf Boards claiming non-Muslim properties, such as Hindu religious sites or entire villages, fostering trust and equitable governance.

The debate is further complicated by comparisons to Hindu endowments, where state control often sidelines community involvement. Critics question why similar scrutiny isn’t applied to temple management, highlighting perceived double standards.

The third aspect that across the Muslim world the waqfs are partially or fully controlled by the state unlike according to the new provisions non-Muslims have no role in managing waqfs but they only have a part in management of waqf boards like endovement trusts.

Why Non-Muslim Representation Matters

The inclusion of non-Muslims on Waqf Boards is a pivotal and polarizing provision. Historically, Waqf Boards have faced accusations of overreach, claiming properties with cultural or religious significance to other communities. By incorporating non-Muslim members, the Act ensures diverse perspectives in decision-making, preventing potential conflicts and promoting fairness. This move aligns with the Act’s broader goal of balancing community autonomy with public accountability.

Conclusion: A Path Forward or a Communal Flashpoint?

The Waqf Amendment Act, 2025, is a landmark effort to modernize waqf governance, ensuring transparency, inclusivity, and alignment with constitutional values. With over 39 lakh acres of waqf land at stake, the need for reform is undeniable. However, its success hinges on implementation and public perception. While supporters see it as a step toward equitable governance, critics warn of communal tensions if the Act is perceived as targeting Muslim autonomy.

The inclusion of non-Muslims and women on Waqf Boards, alongside digital reforms and audits, positions the Act as a potential model for religious endowment management. Yet, its legacy will depend on how it navigates Bharat’s complex socio-religious landscape. As the Act rolls out, its impact on communal harmony, legal frameworks, and public trust will be closely watched.

Call to Action

What’s your perspective? Is the Waqf Amendment Act a necessary reform, or does it risk deepening communal divides? Share your thoughts and join the conversation on transparency and fair governance.

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