The Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, also known as the UMEED Act, is a significant amendment to the Waqf Act, 1995. It aims to enhance transparency, accountability, and efficiency in the management and regulation of Waqf properties in India. Key features include the removal of Section 40, which allowed the Waqf Board to designate any property as Waqf land, and legal separation of trusts from Waqfs, ensuring trusts governed by other statutes are excluded from Waqf regulations.
The Act restricts the dedication of properties as Waqf to practicing Muslims for at least five years, reinstating a rule from before 2013. It protects inheritance rights by mandating that women and children receive their rightful inheritance before any property is declared as Waqf, with special safeguards for widows, divorced women, and orphans. The Act also introduces stricter penalties against encroachment and promotes inclusivity by mandating women and non-Muslims’ representation on Waqf Boards.
Further reforms include abolishing the doctrine of “waqf-by-user,” enhancing government oversight over Waqf assets, and using technology for better record-keeping and administration. The legislation has been controversial, with debates over increased government control and religious autonomy. The Supreme Court has partially stayed some key provisions, like the five-year practice rule for creating a Waqf and the Collector’s power to decide if land is Waqf or government property.
