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Bridging Tradition And Reform - Unpacking Waqf (Amendment) Act, 2025

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BRIDGING TRADITION AND REFORM: UNPACKING

WAQF (AMENDMENT) ACT, 2025

Pooja Soni & Sangeeta, LLM, National University of Law, Delhi

ABSTRACT

Waqf, an Islamic endowment of property for religious or charitable purposes, has played a crucial role in the socio-economic and cultural development of Muslim communities in India. Rooted in Islamic jurisprudence, waqf involves the permanent dedication of movable or immovable property for purposes recognized as pious under Shariah, such as education, healthcare, religious instruction, and poverty alleviation. Despite its vast potential, the waqf sector in India faces persistent challenges, including encroachment, mismanagement, lack of transparency, and underutilization of assets. This paper provides an overview of the origin, growth, and contemporary status of waqfs in India, examining their legal foundations, administrative structures, and socio-economic contributions.

It also explores the critical role of waqf institutions in promoting education and welfare within the Muslim community, while analysing the systemic barriers to their optimal utilization. The study highlights the need for reform-oriented approaches, including digitization, greater accountability, and inclusive policy-making, to revitalize the waqf sector. By bridging traditional religious values with modern governance mechanisms, waqfs in India can be repositioned as powerful instruments for inclusive growth and social justice. The Waqf (Amendment) Act, 2025 marks a significant turning point in the governance and regulation of waqf properties in India.

Aimed at enhancing transparency, curbing misuse, and strengthening administrative oversight, the amendment introduces key changes to the functioning of State Waqf Boards, including provisions for digital record-keeping, stricter audits, and the controversial inclusion of non-Muslim members in waqf board advisory roles. While the amendment ostensibly seeks to modernize and protect waqf assets, it has triggered widespread socio-legal debates regarding religious autonomy, minority rights, and the constitutional balance between state intervention and freedom of religion. Keywords: Waqf Boards, Charitable, Education, Welfare, Property, Religious instruction, Shariah.

I.

Introduction

The institution of Waqf is a witness to the lasting influence of Islamic civilization and its cont ributions to India's heterogeneous culture, which is woven across the country's sociocultural landscape. Waqf, which is an essential tool for advancing the common good, is woven throughout Islami c law and represents the values of almsgiving, social welfare, and community cooperation. 1 "Tie up the property and devote the usufruct to human beings and it is not to be sold or made the subject of gift or inheritance; devote its produce to your children, your kindred, and the poor in the way of God," the Prophet said when Omer asked him for advice on the pious use of a plot of land in Khaibar known as “Sammagh”. 2 Privy Council in the case Vidya Varuthi Thirtha Swamigal Vs.

Balusamy Iyer3 elaborated the meaning of waqf as “tying up of property in the ownership of God, the Almighty and the devotion of the profits for the benefit of human beings”. 4 Charitable and religious organizations are included in the Concurrent List of the Constitution. Therefore, both the Parliament and State Legislatures have the authority to establish laws regarding this matter. At present, the establishment and administration of waqf in India is regulated by the Waqf Act of 1995. 5 In India, a waqf can be established through: (i) a declaration of assets via an oral or written deed, (ii) the prolonged use of land for religious or charitable activities, or (iii) an endowment following the conclusion of a line of succession. The individual who creates a waqf is referred to as a wakif. It is overseen by an administrator known as a mutawalli.

As of September 2024, there are 870,000 registered immovable waqf properties in India. 6 Generally, the waqf must fulfil three primary constraints:7

1. “The one endowing the waqf, and its subsequent maintainers, should sequester the

1Significance of waqf boards under Islamic law: An Analysis, Volume IV, Issue V, ISSN: 2583-0538, Indian journal of integrated research in law. 2Opindia ,https://www.opindia.com/2024/08/all-you-need-to-know-about-waqf-and-its-history-in-india/,(last accessed on April 10,2025). 3Vidya Varuthi Thirtha Swamigal Vs. Balusamy Iyer, (AIR 1922 PC123)

4 Supra1

5The Waqf Act,1995, No. 43, Acts of Parliament, 1995. 6Immovable property registered Waqf Board-wise, Waqf Assets Management System of India, Ministry of Minority Affairs, Press Release, Explainer on Waqf Amendment Bill, 2024, Ministry of Minority Affairs,

7 Khan, 2020, "Reviving the Waqf Tradition

Moral Imagination and the Structural Causes of Poverty" principal and allocate the proceeds to charity.

2. The endowment should legally be removed from commodification, such that it is no

longer on the market.

3. Its sole purpose must be charitable, and the beneficiary group must be named.”

Under Section 3(r) of the waqf act, 1995, waqf is defined as “the permanent dedication of movable or immovable property” for any purpose deemed pious, religious, or charitable under Muslim law. The term originated from the Arabic root verb “Qif”, meaning “to stop” or “to hold”. A fundamental aspect of waqf property is its inalienability- once dedicated, it cannot be sold, gifted, inherited, or mortgaged. As per Islamic belief, since God is eternal, waqf property, too, remains everlasting. Nevertheless, Waqf properties are not present inall Islamic countries. Nations such as “Turke y,Libya Egypt, Sudan, Lebanon, Syria, Jordan, Tunisia, and Iraq” do not have Waqfs. 8 Conversely, in India, Waqf Boards stand as the largest owners of urban land, safeguarded by legal provisions under a specific Act.

Further, Waqf Board is the largest landowner in India after the Armed Forces and the Indian Railways. KINDS OF WAQF

PUBLIC WAQF- It is created for public, religious, charitable purposes. The ends benefit goes to the public eventually and the descendants and children of waqif cannot take its benefit. • PRIVATE WAQF- It is also known as waqf-al-Aulad. It is created for the settler’s own family and its descendants. It’s a kind of family settlement in the form of waqf.

THREE ERAS OF WAQF DEVELOPMENT IN INDIA

Islamic Rule (8th century CE- Pre British Era) • British colonial Period (Pre-independence Legislation) 8 Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN 981-3016-07-8.

• Post Independence Legislations

ISLAMIC RULE After the introduction of Islam in India, Muslims started creating Waqf with their properties. I t is thought that during the Muslim era, specifically under the rule of Firoz Shah Tughlaq, eff orts were undertaken to systematize Waqf initiatives by the community. The tradition of draft ing Waqfnamas (endowment deeds) thrived in India during the rule of Firoz Shah Tughlaq. A ccording to legend, Firoz Shah Tughlaq founded a hospital during his rule and assigned physi cians and doctors to it. Medicines were supplied, and people contributed their possessions to aid the hospital, guaranteeing free treatment for everyone. Moreover, the famous Madrasa Fir ozshahi, regarded as one of the leading educational establishments of its era, it was founded i n Delhi at that time.

Various Waqfs were established to fund its operations, dedicating their pr oceeds to the welfare and support of the Madrasa's students. BRITISH PERIOD Muslims continued to give their lands to Waqf during the time of British colonisation. They dedicated their holdings to the welfare of the country and its freedom from British domination, even as they passionately supported India's independence. Many schools, universities, and other establishments were built on Muslim-endowed Waqf lands during Mahatma Gandhi's non-cooperation movement. Muslims founded Waqfs, whose profits aided independence fighters, in addition to constructing mosques and madrasas to promote education, religious awareness, and training among the nation's youth. The Congress party's offices are still located on Muslim-donated land in numerous states.

For example, Maulana Mazharul Haq donated the property on which the Sadaqat Ashram in Patna now sits. 9 POST INDEPENDENCE The Mussalman Wakf Act of 1923 remained in effect for the management of waqf properties following India's independence in 1947. To offer more thorough and unified management of waqf lands, the Congress government did, however, introduce the Wakf Act of 1954. In order to manage waqf properties, this Act created state Waqf Boards with extensive authority. These Clarion india, https://clarionindia. net/waqf-in-india-unraveling-its-rich-history-and-contemporarylandscape/(last visited April,9 2025) boards had powers not available to other religious or nonprofit endowment organizations, wh ich made waqf management particularly motivating.

10 The Waqf (Amendment) Act was a result of the Waqf Inquiry Committee's 1984 report, which sought to rectify operational and financial shortcomings and reorganise the Waqf administration. However, the Act could not be effectively enforced because to substantial opposition from the Muslim community, especially about the powers assigned to the Waqf Commissioner. Later, the Waqf Act of 1995 was passed, amending and consolidating earlier legislation. It kept most of the 1984 Amendment Act's provisions. A Joint Parliamentary Committee (JPC) was established to suggest changes because the Muslim community was still opposed to it. The Waqf (Amendment) Act, 2013, which gave Waqf additional authority, was passed in response to the JPC's recommendations.

11 Some of the major changes brought by 2013 amendment act was as follows: • In 2013 (amendment), it was further broadened to include non-Muslim to dedicate their property as waqf property also raising concerns about the inclusion of non-Muslim assets too. • The amendment made it nearly impossible to sell or transfer the waqf property thereby making the alienation of properties difficult. • The act expanded the powers of waqf boards allowing them to classify properties under secular laws as waqf. The centralization of power was criticised for potential overreach. • The 2013 Act mandated the return of waqf properties occupied by government agencies within six months of a tribunal order, further empowering the Waqf Boards to reclaim waqf assets.

However, the most recent action on the Waqf management has been taken by the government in form of Waqf (Amendment) Act, 2025, regulating the manner, disposal,

10 Gupta, K.R.; Amita Gupta (2006), Concise encyclopaedia of India, (Volume

1). Atlantic Publishers.,p. 19, ISBN 81-269-0637-5. 11Opindia ,https://www.opindia.com/2024/08/all-you-need-to-know-about-waqf-and-its-history-in-india/,(last accessed on April 10,2025). acquisition of properties etc. II.

THE RATIONALE BEHIND THE WAQF (AMENDMENT) ACT, 2025

The need for the amendment arises because of the plethora of problems with the governance of waqf properties such as the management of Waqf properties lacks transparency; incomplete surveys and documents of Waqf land have been altered; inadequate protections for women's rights to inherit; numerous protracted legal disputes, including encroachment for instance, the number of pending cases has grown from 10,381 in 2013 to 21,618 in 2024, the Waqf Boards' irrational authority to designate any property as waqf land based on their own investigation; numerous conflicts involving government land designated as waqf; inadequate accounting and auditing of Waqf property; ineffective administrative practices in waqf management; inappropriate handling of Trust properties as well as the stakeholders were not sufficiently represented on State Waqf Boards and the Central Waqf Council.

Some of the problems with The Waqf Act, 1995 are discussed in detail below: - • Principle of Irrevocability of Waqf Properties: The idea that "once a Waqf, always a Waqf" guarantees that Waqf properties are irrevocable, which sometimes leads to complicated disputes. For instance, it has given rise to disputes such as ownership claims for islands in Bet Dwarka, where courts are confronted with legal obstacles while attempting to ascertain title. Ø Poor Management: Land encroachment and poor management have not been stopped by the Waqf Act of 1995. For instance, 40 Waqf holdings in Karnataka—including farmlands, public areas, government lands, cemeteries, lakes, and temples—were notified between 1975 and 2020. Ø Lack of Judicial Oversight: Decisions made by the Waqf Tribunal were not appealable under the Waqf Act of 1995, which restricts judicial scrutiny and lessens transparency.

12 Ø Abuse of Authority: Private properties have been declared Waqf under Section

40 of the Waqf Act, 1995, which has resulted in legal disputes.

12 The Waqf Act,1995, Section 67, No. 43, Acts of Parliament, 1995

For instance, the Waqf Board's claim to the ancestral lands in Kerala sparked protests by some 600 Christian families and resulted in legal issues.13 III.

ANALYSIS

OF CHANGES MADE BY WAQF AMENDMENT ACT, 2025 The Parliament passed the Waqf (Amendment) Act, 2025, and the President has given assent to it on April 5, 2025. It aims to amend the Waqf Act of 1995 and repeal the Mussalman Wakf Act of 1923. The word “Waqf” has been replaced with “United Waqf Management, Empowerment, Efficiency and Development” which is abbreviated as UWMEED. 14 It gives the authority to control Waqf properties and resolve associated conflicts to the government. The Act seeks to increase the effectiveness of Waqf boards, expedite registration, and promote the use of technology in recordkeeping. It contains measures to protect historic monuments and advance social welfare and seeks to simplify the administration of Waqf properties.

Some of the notable changes made by the act are as follows: - Ø Separation of Waqf and Trusts: Any trust or public charity established by a Muslim will no longer be regarded as Waqf, guaranteeing that individuals maintain complete sovereignty over their trusts. 15 Ø Determination of the properties owned by non-Muslims or Government a designated as Waqf: Earlier a waqf could be any person but now only “any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property”16 can create a waqf. Until they are contested or proven to be government land, properties that are already registered with Waqf Boards will stay that way.

Also, as per Section 104 of 1995 act any property given by a non- Muslim for certain purposes was deemed to be comprised in the Waqf but this section has been omitted 13 Economic Times, Waqf through the ages: How Rs 1-lakh crore property owner board acquires land and what the govt aims to change,(last visited on 8 April 2025. ) 14, The Waqf Amendment Act, 2025, Section 2, No. 14, Acts of Parliament, 2025

15 The Waqf Amendment Act, 2025, Section 3, No. 14, Acts of Parliament, 2025

16 The Waqf Amendment Act, 2025, Section 4(ix) No. 14, Acts of Parliament, 2025.

now. 17 The Waqf (Amendment) Act, 2025 seeks to protect private property rights and heritage sites while streamlining Waqf property administration. Conflicts over Waqf property claims have arisen in a number of states, resulting in court cases and public anxiety. According to data from September 2024, 5973 government assets have been designated as Waqf properties throughout 25 States and UTs Waqf Boards. Here are a few instances of the same: • Tamil Nadu: The Waqf Board claimed the entire village because of which a farmer in Thiruchenthurai village was unable to sell his land. He was unable to sell his land to pay back a loan for his daughter's wedding because of this unforeseen obligation. 18 • Karnataka: Following the Waqf Board's designation of 15,000 acres in Vijayapura as Waqf land in 2024, farmers demonstrated. In Ballari, Chitradurga, Yadgir, and Dharwad, disputes also surfaced.

However, the administration promised that there would be no evictions. 19 Additionally, the Joint Committee on the Waqf (Amendment) Bill (JCWAB) received the following messages about Waqf Boards' illegal property claims:

40 Waqf properties, including farmlands, public areas, government lands, graveyards, lakes,

and temples, were notified in Karnataka (1975 & 2020). The Punjab Waqf Board has asserted ownership of land in Patiala that belonged to the Education Department. Furthermore, during their presentation in September 2024, the Ministry of Housing and Urban Affairs (MoHUA) told the JPC that 108 properties under the jurisdiction of the Land and Development Office,

130 properties under the jurisdiction of the Delhi Development Authority, and 123 properties

in the public domain had been designated as Waqf properties and were being litigated.20 Ø Diverse Representation: In order to promote diversity, Section 14 of the 1995 act has been amended and now the Waqf Boards will have two non-Muslim members, and at least two of the Muslim members must be women. It is also required that the Shia,

17 The Waqf Amendment Act, 2025, Section 43, No.14, Acts of Parliament,2025

18 Economic Times, ,Waqf through the ages

How Rs 1-lakh crore property owner board acquires land and what the govt aims to change, (Last Visited on 8 Aug 2024.) 19 India Today, Waqf land in India grew from 2 villages gifted by invader Ghori to 9.4 lakh acre,( last visited on

29 March,2025.)

20 PIB Delhi, Santosh Kumar/ Ritu Kataria/ Kritika Rane the Waqf (Amendment) Bill, 2025: Benefits of the Bill, (Last Visited on: 03 APR 2025.)

Sunni, Bohra, Aghakhani, and OBC Muslim communities be represented. 21 The act seeks to improve Waqf governance and decision-making by increasing inclusivity in the Waqf Board by including representatives from many Muslim sects. In addition to having representation from Muslims from backward classes aside from Shia and Sunni members, the act requires State/UT Waqf Boards to include one member each from the Bohra and Aghakhani communities, provided that they have a functional Auqaf. It also requires the Board to have two or more elected members from municipalities or Panchayats, enhancing local governance in waqf affairs. Finally, the Board as well as Central Waqf Council will have two non-Muslim members, excluding the ex-officio members.

Ø Rights of Muslim Women and Legal Heirs: Section 3A (2) inserted in 1995 Act secured the rights of women in family waqf and widows, divorced women, and orphans are given special consideration providing that women must receive their inheritance prior to waqf dedication. 22 By encouraging self-help groups (SHGs) and financial independence initiatives, the act also aims to raise the economic and social standing of Muslim women, especially widowed and divorced women. Furthermore, the act seeks to benefit Muslim women by ensuring the following: • Waqf management transparency: Digitizing waqf records to prevent corruption. • Legal Aid & Social Welfare: establishing facilities for legal assistance with inheritance rights and family conflicts. • Cultural and Religious Identity: promoting interfaith understanding and cultural preservation.

• Women's participation guarantees openness and allocates Waqf funds to Muslim girl scholarships; maternity and healthcare welfare; women entrepreneurs' skill development and microfinance support; vocational training in areas such as fashion design, healthcare, and entrepreneurship; Legal aid centers for cases involving domestic abuse and inheritance disputes and Widows' pension plans.

21 THE WAQF (AMENDMENT) ACT, 2025, Section 10, No. 14, Acts of Parliament, 2025

22 The Waqf Amendment Act, 2025 Section 5, No. 14, Acts of Parliament, 2025.

Ø Helping the Underprivileged Waqf is essential for meeting social welfare, religious, and charitable needs—particularly for the poor. However, because of poor management, invasion, and a lack of transparency, its impact has frequently diminished. Key advantages of waqf for the impoverished include: • Digitization for Accountability and Transparency Waqf properties will be tracked via a centralized digital platform, guaranteeing improved management, monitoring, and identification. 23 Accounting and auditing procedures will guard against financial mismanagement and guarantee that money is solely spent on welfare. Section 47 of the 1995 act has been amended now the state-appointed auditors are required to audit waqf entities that make more than Rs 1 lakh.

24 • More Funds for Development and Welfare Waqf Boards will be able to increase their earnings and expand their charity programs by preventing abuse and unauthorized occupation of Waqf lands. The economically disadvantaged groups will immediately benefit from the funds that will be distributed for housing, livelihood support, healthcare, and education. Frequent audits and inspections will boost public trust in Waqf management and encourage financial discipline. Waqf institutions are now required to contribute 5%25 instead of 7%26 to Waqf Boards, freeing up more money for charitable causes. Ø Handling Administrative Difficulties: The Waqf (Amendment) Act 2025 seeks to enhance governance through: • Increasing transparency in property management. For instance, a Mutawalli can no longer be appointed verbally.

27 Section 50A has also been inserted specifying the grounds for disqualification of the Mutawalli. 28 • Simplifying communication between local government and Waqf Boards.

23 The Waqf Act,1995, Section 3(vi)(ka), No. 43, Acts of Parliament, 1995

24 The Waqf (Amendment) Act, 2025 Section 25, No. 14, Acts of Parliament, 2025

25 The Waqf (Amendment) Act, 2025 Section 37, No. 14, Acts of Parliament, 2025

26 The Waqf Act, 1995, Section 72, No. 43, Acts of Parliament,1995

27 The Waqf Act,1995, Section 3(i), No. 43, Acts of Parliament, 1995

28 The Waqf Amendment Act, 2025 Section 27, No. 14, Acts of Parliament, 2025.

Protecting the rights of stakeholders. Ø Ending Arbitrary Property Claims: Waqf Boards are no longer able to declare properties as Waqf at will because Section 40 of the 1995 act has been deleted. The Waqf Board is empowered to determine whether a property is a Waqf property or not under Section 40 of the Waqf Act. 29 Now, a district judge, a state government official (at the joint secretary level), and an expert in Muslim law and jurisprudence make up the Waqf tribunals. Within ninety days of obtaining the Waqf tribunal's ruling, aggrieved parties may file a direct appeal with the relevant High Court. To avoid any irrational claims, an officer higher than the Collector would look into government properties that are claimed as Waqf.

Ø Application of the Limitation Act: To guarantee prompt resolution and avoid delays in court processes, the Limitation Act establishes deadlines for filing cases. Section

10730 of the principal act which exempted the Waqf property claims from Limitation

act has been substituted thus, such claims will now be covered under the Limitation Act, 1963, which will shorten the lengthy litigation.31 IV.

NAVIGATING THROUGH THE ARUGEMENTS AGAINST THE WAQF

(AMENDMENT) ACT, 2025: Opposition parties and other critics have expressed doubts about the constitutionality of the act and possible effects on the rights of minorities.32 A 31-member Joint Parliamentary Committee33 had been established to review the Waqf (Amendment) Bill, 2024. The committee comprised 21 members from the Lok Sabha and 10 from the Rajya Sabha. The formation of the committee was announced by MoMA Kiren Rijiju on 9 August 2024. Some rounds of the JPC meetings were boycotted by few members from opposition parties, including TMC MP Kalyan Banerjee. On April 4, 2025, AIMIM head Asaduddin Owaisi and Congress MP Mohammed Jawed filed

29 The Waqf Act, 1995, Section 40, No. 43, Acts of Parliament, 1995.

30 The Waqf Act, 1995, Section 107, No. 43, Acts of Parliament, 1995

31 THE WAQF (AMENDMENT) ACT, 2025 Section 44, No. 14, Acts of Parliament, 2025

32 Economic & Political Weekly, Peerzada, Rutba; Mutahhar Amin, Muhammad, pg. 60 (1),"(wl-3755)-Waqf

Amendment Bill 2024: Transparency, Communalism and Authority". (last visited on 6 April, 2025) 33 India Today, "21 Lok Sabha MPs on Waqf bill panel, here's who is on it". (last visited on 9 April, 202)5. separate challenges against the Waqf (Amendment) Act 2025 in the Supreme Court. 34 A number of demonstrations took place around India when the bill was changed into the act. Additionally, there were violent protests in locations like Unakoti in Tripura35 and Murshidabad in West Bengal. 36 These issues consist of: • Enhanced Government Control: According to critics, the Act gives the government more power to control Waqf properties and decide their status, which lessens the independence of Waqf Boards. Government personnel now have the authority to decide whether a property is Waqf after Section 40 of the Act was removed.

The act transfers authority from Waqf boards to government-appointed officials by giving district collectors the ability to decide who owns contested waqf properties. This prompt worries about possible political meddling and abuse of authority. • Dilution of Muslim Representation: According to critics, the community's Article 2637, right to control its religious affairs is violated when non-Muslim officials are permitted to serve on Waqf Boards. As it compromises their religious independence and goes against the constitution's safeguards for minority organizations. • Ambiguity in Determining a "Practising Muslim": The Act does not provide a precise definition of "practising Muslims" for the purpose of allocating Waqf land, which could give rise to legal issues because religious scholars may interpret it differently.

• Removal of "Waqf by User" Principle: Many existing sites may lose their Waqf status if "Waqf by user," which acknowledges properties via long-term religious use, is removed, according to critics.

34 Rajagopal, Krishnadas (4 April 2025). "Congress MP Mohammed Jawed, AIMIM leader Asaduddin Owaisi

move Supreme Court against Waqf Bill". The Hindu. ISSN 0971-751X. Retrieved 9 April 2025. 35 The Times of India, "Anti-Waqf Act protests in Tripura turns violent, 18 police personnel injured", ISSN 0971-

8257. ( last Visited on 12 April 2025.)

36 The Indian Express, "Waqf protests spiral in Murshidabad, 3 killed; court orders deployment of central forces". (last visited on 12 April 2025.)

37 INDIA CONST. ART.26

Increase encroachment of Waqf Properties: By repealing Section 107 of the Waqf Act of 1995, the measure would apply the Limitation Act of 1963 on waqf properties. This action, according to critics, would make it far more difficult for Waqf Boards to recover encroached assets. Without the exemption, people who have been occupying waqf land illegally for more than 12 years could use adverse possession to claim ownership, so legalizing unlawful encroachments and eroding safeguards for religious assets owned by the community.

V.

CONCLUSION

A secular, open, and responsible structure for Waqf management is established by the Waqf (Amendment) Act 2025. Waqf properties have philanthropic and religious functions, but managing them entails administrative, financial, and legal duties that call for organized governance. Waqf Boards and the Central Waqf Council (CWC) have a regulatory, not religious, function in upholding the law and protecting the public interest. The act establishes a progressive and equitable framework for Waqf administration in India by strengthening governance, empowering stakeholders, and instituting checks and balances. As more than 38 lakh acres are covered by 8.72 lakh waqf estates, a proper regime to administer waqf property is was much needed. Through legal and technological reforms, the

2025 Act seeks to improve transparency, stop misuse of power, and expedite dispute

settlement. To strike a balance between community autonomy and regulatory scrutiny, however, issues pertaining to government representation, control, and property rights must be discussed. Such issues are anticipated to be addressed by the rules to be made by central government under Section 108B of The Waqf Act,1995. Meanwhile, the plea challenging the constitutionality of the act is pending in the apex court as well as huge protests are going against it. It is required to address the issues raised by the people in a manner that balance the interest of stakeholders while ensuring the transparency in management of Waqf properties.