International Journal For Multidisciplinary Research

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From Community Trust to State Oversight - The Evolution of Waqf Legislation in India

Author(s) Dr. Bhaskara Raju Muppala, Mr. Ravi Kiran R
Country India
Abstract Waqf refers to the permanent dedication of property for religious, pious or charitable purposes under Islamic law. The waqf history was started in 12th century by dedicating two villages to Jama Masjid of Multan by Sultan Muhammad Ghori. The Central Waqf Council and State Waqf Boards oversee the management of over 8.72 lakh properties in India. Historically, waqf administration evolved through several legislative reforms, culminating in the Waqf Act, 1995. However, persistent issues like mismanagement, lack of transparency, and prolonged litigations prompted further reforms.
The Waqf (Amendment) Act, 2025, renamed as the Unified Waqf Management, Empowerment, Efficiency, and Development Act (UWMEED Act), introduced major changes including mandatory written waqf deeds, inclusion of non-Muslims and Muslim women in Waqf Boards, centralised registration, and enhanced auditing mechanisms. While the Act aims to promote transparency, inclusivity, and legal certainty, it has been criticised for undermining religious autonomy, increasing bureaucratic control, and marginalising traditional Muslim practices.
Critics argue it violates constitutional guarantees under Article 26 regarding religious freedom. Although the Act strengthens accountability, better property management, and faster dispute resolution, it risks alienating the Muslim community and exposing waqf assets to political misuse.
The way forward involves safeguarding religious autonomy, recognising traditional waqf properties, enhancing digital monitoring, extending recovery periods for encroachments, and establishing independent oversight to balance transparency with community trust and constitutional values.
Keywords Waqf, UWMEED Act, Inclusivity, Religious freedom
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-04-30
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.43480
Short DOI https://doi.org/g9g77k
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