What is a Waqf, and what was earlier

A waqf is a charitable or religious endowment under Muslim law — real property or movable things are endowed for purposes like religious, educational, charitable use, etc. The Waqf Act, 1995, along with subsequent amendments, had been the legal framework governing how waqf properties are created, registered, managed, and how disputes are resolved. But over time there had been many complaints: waqf lands being encroached, rights being unclear, lack of uniformity in registration, delays and disputes, misuse, etc

Key changes introduced in the 2025 Amendment

• The Amendment introduces several sweeping changes. I’ll explain them more narratively rather than as bullet-points, to show how they interact:
• One of the central changes is the redefinition of who can create a waqf and under what conditions. Under the new law, someone creating a waqf must not only be a practicing Muslim but must have been practising Islam for at least five years.
• This is a significant change because previously such a “practice” criterion did not exist in the same way — it introduces a new temporal requirement tied to religious identity
• Another major change is to do with “waqf by user.” Under previous laws, there was a doctrine called “waqf by user,” which means that if someone uses property for waqf function-purposes over time, it might be considered a waqf even without a formal declaration or deed.
• The 2025 law removes this doctrine for the future: beyond the effective date of the new law, waqf by user is effectively derecognized except to the extent already registered. This change is intended to reduce ambiguities and prevent claims over property based merely on long usage without formal documentation.
• But it also means some long-standing informal waqf arrangements may lose legal recognition if they weren’t registered by the cut-off
• The Amendment also gives more power to government or state bodies in determining what is “government property” and whether a given property is waqf or not. For example, the law allows a “designated officer” (often someone in revenue administration) to inquire into whether a given property is government property, and if found so, to correct revenue records accordingly.
• Properties found to be government property will no longer be treated as waqf. This is to streamline identification and avoid prolonged court litigation, but also raises concerns about potential overreach or administrative arbitrariness
• Registration has been made mandatory for all waqf properties, whether created before or after the commencement of the Amendment. And a requirement is introduced that no waqf can be created (post-Amendment) without executing a proper waqf deed and registering it.
• The process of registering includes verification of title, and if a property is in dispute or is government property, certain procedures must be followed. If a waqf is not registered under the new law, the legal remedies for enforcing rights get severely restricted
• Changes are also made in how the Waqf Boards (state level) and the Central Waqf Council are composed. The Amendment allows for non-Muslim members to be part of these bodies.
• It also changes how certain officers like the Chief Ex