Ishan Law Journal

08

December

REMAINING ISLAMIC ENDOWMENTS: THE WAKF (AMENDMENT) ACT, 2025 IN CONTEMPORARY INDIA

Keywords:

Waqf Amendment Act 2025, Umeed Act, Waqf by User, Digitisation, Minority Rights.

Abstract

India’s various faiths are permitted to practice and propagate their faith, with the “Waqf (Amendment) Act, 2025, also known as the UMEED Act”, is believed to generally represent a landmark shift in the governance of Islamic Charitable endowments in India. “The Act, which is a key religious event in Islam, is generally considered a tool of centralised authority that infringes constitutional liberty”. The legislation aims to enhance transparency, accountability, and inclusivity through measures such as digitisation, registration centralisation, increased board representation, and enhanced governance. On the other hand, it has unleashed extensive discussions over its consequences for religious autonomy and rights. While some of the major issues pertain to the repeal of “Waqf by user”, increased authority for District collectors, and the entry of non-Muslim into management positions of the Waqf Board. This paper attempts to critically analyze the constitutional, social, and cultural bearings of the Act in the context of India’s political and legal path of Waqf governance, through cross-cutting insights from Malaysia, Turkey, and other international models are referenced to evaluate lessons to balance efficiency. ‘The purpose is to establish whether the Act is a real reform or a move towards repression’.

References

  1. The Constitution of India, 1950.
  2. The Waqf Act, No. 43 of 1995, INDIA CODE (1995).
  3. The Waqf (Amendment) Act, 2025, No. ___ of 2025, INDIA CODE (2025).
  4. The Limitation Act, No. 36 of 1963, INDIA CODE (1963).
  5. The Waqf Act, No. 29 of 1954, INDIA CODE (1954).
  6. Mussalman Waqf Validating Act, No. 6 of 1913, INDIA CODE (1913).
  7. Mussalman Waqf Validating Act, No. 32 of 1930, INDIA CODE (1930).
  8. Sardar Syedna Taher Saifuddin v. State of Bombay, AIR 1962 SC 853.
  9. Azeez Basha v. Union of India, AIR 1968 SC 662.
  10. Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289.
  11. Indian Young Lawyers Ass’n v. State of Kerala, (2019) 11 SCC 1.
  12. Shayara Bano v. Union of India, (2017) 9 SCC 1.
  13. Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan, AIR 1963 SC 1638.
  14. Syed Fazal Pookoya Thangal v. State of Kerala, AIR 1973 SC 385.
  15. Abdul Ghafoor v. Nizamuddin, (1913) 40 Cal. 595 (P.C.).
  16. Tauseef Ahmad, Waqf Amendment Act 2025 and Its Impact on Muslim Endowments in India, J. ISLAMIC & COMP. L., 2025.
  17. Sneha Chauhan, The Waqf (Amendment) Act, 2025: Governance and Constitutional Balance, 12 INDIAN J. LEGAL STUD. 3 (2025).
  18. Ranvijay Singh, Legal Framework and Constitutionalism of Waqf (Amendment) Act, 2025, 10 NAT’L L. REV. 2 (2025).
  19. Somya Singh & Siddhant Joshi, Reforming Faith: A Critical Appraisal of the Waqf (Amendment) Act, 2025, 8 CONTEMP. LEGAL PERSP. 1 (2025).
  20. Vandana Kumari, Waqf (Amendment) Act, 2025: A Constitutional Analysis of Religious Freedom and Minority Rights, 7 CONST. L. REV. 2 (2025).
  21. Shariq Us Sabah, The Waqf Amendment Act, 2025: Reforming Governance or Eroding Autonomy?, 15 J. RELIGION & L. 4 (2025).
Authors

Ms. Nandita Saha

Masters of Law, Symbiosis Law School, Hyderabad

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Published Date2025-12-08
Abstract Viewed25
How To SiteMs. Nandita Saha (2025). Reimagining Islamic Endowments: The Waqf (Amendment) Act, 2025 In Contemporary India. Ishan Law Journal, 2(03).
IssueVol.3 No. 03 (2025), ISHAN LAW JOURNAL