The concept of waqf holds deep historical and religious significance in Islamic law, referring to the permanent dedication of property for purposes that are religious, pious, or charitable. Traditionally, once a property was declared as waqf, it ceased to belong to the person who created it and instead became irrevocably devoted to the service of the designated cause. Over centuries, waqf has served as a key mechanism to fund religious institutions, support the poor, and preserve assets for puthe blic good in Muslim societies. In India, the institution of waqf has undergone multiple legislative transformations, especially since the enactment of the Waqf Act of 1995. However, this Act led to broad interpretations and ambiguities that caused administrative and legal issues. Among the most debated concepts was the idea of “waqf by user,” which allowed properties to be deemed waqf merely through long-term religious use, even in the absence of a formal declaration or deed.
With a view to addressing such ambiguities and streamlining waqf administration, the government introduced significant reforms through the Waqf (Amendment) Act, 2025. These reforms are consolidated in the Unified Waqf Management Empowerment Efficiency and Development Act, also known as the UMEED Act, 1995. While the name and framework of the Act remain, the amendments have substantively overhauled several key definitions and procedures. The redefinition of waqf, limitations on who can create it, the abolition of waqf by user, and the recognition of new sectarian categories are among the most transformative changes brought by the UMEED Act.
Historical Understanding of Waqf Before the UMEED Amendments
Before delving into the changes introduced by the UMEED Act, it is important to understand the framework under the original Waqf Act, 1995. Under this Act, waqf was broadly defined and allowed anyone, including non-Muslims, to dedicate property for religious or charitable purposes recognized under Islamic principles. This inclusivity, although seemingly beneficial, led to interpretative challenges. The definition of waqf was so expansive that in practice, properties without any formal deed or intention could sometimes be treated as waqf due to longstanding religious or community usage. This situation enabled a legal concept known as “waqf by user,” where a property being used for religious purposes over some time was presumed to be waqf, even if there was no documentation or clear intent from the owner.
Such provisions, although rooted in preserving religious customs, became increasingly controversial. They gave rise to property disputes, with some stakeholders alleging that government or private lands were being misrepresented as waqf through undocumented claims. The absence of stringent requirements concerning the identity of the person creating the waqfand the lack of clarity on deed registrationmade the waqf registry vulnerable to manipulation. It was in this context that the UMEED Act sought to redefine waqf, place clear eligibility criteria on waqf creators, and introduce procedures that would restore administrative order and legal certainty.
Redefining Waqf Under Section 3(r) of the UMEED Act
The cornerstone of the UMEED Act’s reforms is the redefinition of waqf under Section 3(r). This revised definition places a stronger emphasis on ownership, intention, and documentation. Firstly, it limits the ability to create a waqf only to those individuals who are practicing Muslims for at least five years. This restriction is meant to prevent opportunistic dedications by individuals who do not have a sustained relationship with the faith. Second, the property in question must be lawfully owned by the person creating the waqf, and that person must be legally competent to transfer the property. This provision eliminates the possibility of a waqf being created over disputed or encroached land, particularly government-owned property.
Perhaps the most dramatic shift is the abolition of the concept of waqf by the user. According to the new law, no property can be treated as waqf unless it is accompanied by a written deed declaring the intention of the donor. The only exceptions to this rule apply to waqfs that were already declared and recognized under the previous Act. These existing waqfs continue to be valid unless challenged under new provisions introduced in Sections 3C and 3D, which deal with waqfs on public or government lands.
The requirement for a deed effectively disallows any verbal waqf declarations, thereby eliminating a significant area of ambiguity. This move is intended to prevent future claims based on undocumented usage, and to ensure that only those dedications that are properly recorded and legally sound can be recognized as waqf.
Restrictions on Eligibility to Create Waqf
The UMEED Act sets out stringent criteria regarding who is legally permitted to create a waqf. The most notable change is the exclusion of non-Muslims from being wakifs, the term used for individuals who create a waqf. Unlike the previous law, where even non-Muslims could theoretically establish a waqf for purposes consistent with Islamic principles, the amended law mandates that only Muslims who have actively practiced the faith for a minimum of five years are eligible.
This requirement is likely introduced to establish a direct and consistent connection between the religion and the waqf institution. The idea is that waqf should be founded by individuals who understand and are committed to the religious tenets governing the concept. The law also insists that the wakif must be the lawful owner of the property being dedicated. This eliminates situations where people attempt to create a waqf on land that does not legally belong to them, a frequent cause of litigation in earlier waqf cases.
In addition to ownership and religious adherence, the UMEED Act removes the previously allowed flexibility around verbal or informal waqf creation. A written deed is now the only acceptable means to create a waqf under the new framework, which further tightens the eligibility requirements and administrative procedures.
The End of Waqf by User and Its Legal Implications
One of the most contentious and widely debated aspects of waqf law in India has been the concept of waqf by user. This doctrine was based on historical practices where land that had been used for religious or charitable purposes for an extended period was presumed to be waqf, even in the absence of any formal declaration. While this was intended to protect community interests and religious traditions, it also led to numerous legal and administrative challenges. Properties without any formal dedication were sometimes registered as waqf based solely on their usage history, raising questions about ownership, due process, and transparency.
Under the UMEED Act, the doctrine of waqf by user has been explicitly abolished for new waqfs. No property can be registered as waqf merely due to its historical or religious use unless it is supported by a valid, registered deed. This marks a significant departure from earlier practice and introduces a layer of legal certainty. Existing waqfs that were created through user-based practices will continue to be recognized only if they were validly registered before the amendment came into effect and do not fall under newly introduced exceptions related to public or government lands.
This abolition serves several purposes. It curtails the scope for arbitrary or fraudulent waqf registrations, protects government and public lands from being wrongly claimed, and ensures that all new waqfs are created through a transparent and accountable process. At the same time, it does not automatically invalidate earlier user-based waqfs, which will be assessed under transitional provisions.
Impact on Property Rights and Dispute Resolution
The changes brought by the UMEED Act inevitably have implications for property rights and the broader legal framework concerning waqf administration. By removing waqf by user and mandating written documentation, the new law aligns waqf property governance with general property laws in India, where ownership, title, and transferability must be proven. This alignment is expected to reduce the number of waqf-related disputes arising out of unregistered or undocumented claims.
Furthermore, the Act introduces mechanisms to address existing waqf disputes, especially those concerning government or public land that may have been erroneously classified as waqf. New provisions, such as Sections 3C and D, provide tools for governmental authorities to contest such classifications and initiate reviews. In cases where conflicts arise, specialized tribunals are tasked with resolving disputes, and waqf boards are required to maintain updated digital records that reflect the status of each property.
The focus on transparency and accountability marks a significant step forward in waqf governance. However, it also raises new challenges, especially for rural or under-resourced communities that may lack access to legal and administrative support. These groups may face difficulties in converting long-standing religious properties into formally recognized waqfs under the new law, given the requirement of documentation and ownership proof.
Legal Significance of Ownership in Waqf Creation
The UMEED Act places strong emphasis on the ownership of the property intended to be dedicated as waqf. Under the revised provisions, the individual creating a waqf must not only be a practicing Muslim for at least five years but must also have lawful ownership of the property. This requirement is intended to eliminate disputes where land without ut clear title is declared as waqf, causing conflicts with private owners, government departments, or tribal communities. By enforcing a strict ownership clause, the Act reinforces the principle that no individual can dedicate something they do not legally possess. This represents a shift from older practices, where waqf declarations were sometimes made over ambiguous or jointly held properties. The new law aligns the waqf system more closely with broader principles of property law in India, where valid ownership and transferability are central.
In addition to ownership, the UMEED Act requires that the transfer of property into waqf must be voluntary and not influenced by coercion, fraud, or misrepresentation. The intention behind the creation of waqf is scrutinized more rigorously under the new regime, and documentary evidence is essential to confirm the legitimacy of the act. Where there is doubt, waqf tribunals and authorities are empowered to examine the origin and history of the waqf to determine its validity.
Documentation as a Precondition for Valid Waqf
One of the most transformative aspects of the UMEED Act is the requirement for mandatory documentation for any new waqf. Under the previous legal framework, verbal declarations or informal arrangements were sometimes sufficient to establish a waqf. This led to situations where religious usage of land or oral dedications created legal confusion and administrative uncertainty. To address this, the UMEED Act stipulates that all waqfs must be created through a written deed that clearly outlines the intention of the wakif, the nature of the dedication, the beneficiaries, and the management mechanism.
The law mandates that such a deed must be registered with the appropriate waqf board and entered into the digital waqf property register. This system is designed to bring transparency and prevent future disputes over undocumented waqf properties. A failure to comply with this documentation requirement results in the invalidation of the waqf from a legal standpoint. This rule is expected to standardize waqf creation procedures and enhance the traceability of waqf assets.
While this requirement promotes legal order, it may also place burdens on small donors, especially those in rural areas or economically disadvantaged communities. Such individuals may lack access to legal counsel or the resources required to navigate the registration process. For this reason, experts have called for the development of support mechanisms to assist genuine waqf creators in fulfilling the legal requirements without undue hardship.
Grandfathering of Pre-Existing Waqfs
Although the UMEED Act imposes new rules for the creation of waqfs, it also recognizes the existence of waqfs created under the old legal regime. To preserve legal continuity and protect religious interests, the law includes grandfathering provisions for waqfs that were validly declared, recognized, and registered before the 2025 amendment. These waqfs are not automatically invalidated by the new requirements, and they continue to exist under the condition that they do not conflict with newly introduced legal provisions.
However, the grandfathering is not absolute. If a previously recognized waqf is found to have been created on government land or tribal land without legal ownership, it can be subjected to legal scrutiny. Under Sections 3C and 3D, authorities have the right to review such waqfs and take necessary action, including cancellation of registration or reversion of land to the rightful owner. These provisions are intended to prevent the misuse of the waqf system to encroach upon public resources while still respecting genuine religious endowments made under earlier laws.
The recognition of older waqfs with a valid legal basis ensures that religious and charitable functions carried out by such entities are not disrupted. It also reduces the risk of mass litigation by maintaining legal stability for already recognized waqf institutions. The waqf boards are responsible for updating records of such waqfs and verifying their compliance with existing property and religious laws.
Inclusion of Aghakhani and Bohra Waqfs
A key feature of the UMEED Act is its recognition of community-specific waqfs such as those created by members of the Aghakhani and Dawoodi Bohra sects. Previously, waqf law in India mainly classified waqfs as either Sunni or Shia, without accounting for the unique religious doctrines and practices of sub-sects within the broader Muslim population. This lack of specificity often resulted in administrative confusion and jurisdictional disputes between waqf boards, especially in cases where the religious identity of the wakif or the beneficiaries did not align with traditional Sunni or Shia classifications.
To address this gap, the UMEED Act introduces explicit definitions for Aghakhani waqf and Bohra waqf. An Aghakhani waqf refers to a waqf created by a practicing Muslim from the Aghakhani community, which is part of the Ismaili branch of Shia Islam. Similarly, a Bohra waqf refers to a waqf created by a member of the Dawoodi Bohra sect. These definitions ensure that waqfs established by these communities are formally recognized and governed by their distinct religious values and management practices.
The inclusion of these categories serves several purposes. It affirms the diversity within the Indian Muslim population, provides a clear legal basis for sect-specific waqfs, and allows for more accurate jurisdictional assignments to waqf boards and tribunals. This change also promotes inclusivity and enables community leaders to create waqfs with confidence that their religious practices and doctrines will be respected under the law.
Administrative Challenges and Benefits of Recognition
While the inclusion of Aghakhani and Bohra waqfs is seen as a progressive step, it also presents certain administrative challenges. Waqf boards, which have traditionally operated within the Sunni-Shia dichotomy, now need to develop institutional mechanisms to manage and oversee waqfs of these newly recognized communities. This may require the appointment of community-specific advisors or the creation of separate administrative cells within existing boards to handle matters specific to these sects.
Moreover, training of waqf board officials in the customs and doctrines of the Aghakhani and Bohra sects becomes necessary to ensure culturally sensitive and legally compliant governance. Without adequate institutional support, there is a risk that these waqfs may face bureaucratic hurdles or inconsistent treatment under the law.
However, the benefits of recognition far outweigh the challenges. By formally acknowledging these communities, the law strengthens the legitimacy of their religious and charitable institutions. It also opens the door for better regulation, financial transparency, and public accountability in the administration of their waqf assets. In the long run, this recognition promotes religious harmony and ensures equitable treatment of all Muslim sub-sects within the waqf legal system.
Reforms in Family Waqfs or Waqf-Alal-Aulad
The concept of waqf-alal-aulad, or family waqf, has long been a subject of legal debate. These waqfs are created primarily for the benefit of the founder’s family, often to ensure financial stability for future generations. While such waqfs have been traditionally accepted in Islamic law, critics have argued that they may be used to bypass inheritance rules or exclude certain legal heirs, particularly women.
The UMEED Act addresses these concerns by clarifying the legal status and scope of waqf-alal-aulad. It explicitly states that such waqfs cannot override the legitimate inheritance rights of legal heirs. The law mandates that dedication of property to a family waqf must not result in the denial of lawful shares to heirs, including daughters, widows, divorced women, and orphans. The inclusion of these vulnerable categories reflects a commitment to gender justice and equity in the administration of waqf property.
In addition, the Act requires that waqf-alal-aulad must be created through a valid written deed executed by a Muslim who owns the property. The deed must mention the beneficiaries, their respective shares, and the management mechanism. This level of specificity aims to prevent misuse and ensure that the waqf serves its intended purpose without becoming a tool for disinheritance or discrimination.
Mandatory Execution of Waqf Deeds
The UMEED Act introduces an uncompromising requirement that waqf creation must be accompanied by a formal written deed. This deed serves as the cornerstone of waqf documentation, providing legal evidence of dedication, ownership, intention, and purpose. Before the amendment, the law permitted waqfs to be established through verbal declarations or inferred intentions, a practice that led to significant legal ambiguity. The new legislation eliminates these informal methods, instead requiring that all waqfs be executed through a legally valid and registered deed. This deed must be submitted to and acknowledged by the waqf board to ensure its enforceability and inclusion in the official waqf register.
The requirement for deed execution strengthens the accountability of the wakif and ensures that the objectives of the waqf are clearly articulated. The deed must contain essential details, including the name and background of the wakif, the description of the dedicated property, the beneficiaries, the intended purpose, the duration if temporary, and the administrative mechanism for managing the waqf. By standardizing the documentation, the UMEED Act aims to reduce fraudulent declarations and foster consistency across waqf registrations nationwide.
In the absence of such a deed, any claim of waqf is legally untenable. This provision creates a high threshold of formality for waqf creation, reinforcing legal certainty and reducing potential disputes over the legitimacy of a waqf’s origin or ownership.
Consequences of Non-Compliance With Documentation Requirements
Failure to execute a valid waqf deed under the UMEED Act renders the waqf invalid. This has significant legal and administrative consequences. A waqf that does not meet the documentation requirements will not be registered by the waqf board, nor will it be protected under waqf law. The dedicated property will continue to be treated as private property or government land, depending on its actual ownership. As a result, any rights claimed by beneficiaries or mutawallis will lack legal recognition, and such claims can be challenged in civil or waqf tribunals.
To accommodate waqfs created before the amendment, the Act allows for limited transitional protection. If a waqf was recognized and registered before the implementation of the amended rules, and if it functioned effectively without dispute, it may be grandfathered into the new legal framework. However, such waqfs must eventually comply with the updated documentation and registry processes to retain their protected status. This transitional provision ensures that long-standing religious and charitable activities are not disrupted while bringing the waqf system into legal conformity.
The stricter documentation requirements are likely to impact rural and small-scale waqfs disproportionately. Individuals without access to legal expertise or administrative support may find it difficult to prepare valid deeds and navigate the registration process. In recognition of this challenge, there have been proposals to create legal aid services and simplified waqf deed templates to support genuine wakifs in complying with the law.
Enhancing Transparency Through Digital Records
The UMEED Act not only mandates documentation but also envisions a digitized waqf registry. This system is intended to centralize all information related to waqf properties, including deeds, beneficiary records, usage status, and legal disputes. By transitioning to a digital record-keeping system, the waqf boards aim to reduce data loss, improve accessibility, and ensure greater transparency in waqf administration.
Each waqf deed is assigned a unique identification number and indexed within the central database. This allows for easy verification of waqf status and helps authorities monitor compliance with waqf laws. Additionally, the digital registry is linked to land records to prevent duplicate claims or wrongful encroachments. By integrating these records, the UMEED Act facilitates better coordination between waqf boards and revenue departments, thereby minimizing administrative friction.
The digitization of waqf data has also been promoted as a tool to combat corruption and mismanagement. Public access to certain parts of the registry allows citizens to raise concerns if they notice discrepancies or unauthorized usage of waqf property. The waqf boards are expected to conduct periodic audits of the registry and take corrective actions where inconsistencies arise. While implementation of the digital system varies across states, its overall objective is to modernize waqf governance and instill public trust in the management of waqf assets.
Benefits of the UMEED Act Reforms
The reforms introduced under the UMEED Act aim to create a more robust, transparent, and legally sound waqf framework. Among the primary benefits is the establishment of legal clarity. By defining who can create waqf and under what conditions, the Act reduces uncertainty and helps standardize waqf creation across jurisdictions. This eliminates conflicting interpretations and ensures that all waqfs are subject to uniform rules, regardless of region or community.
Another key benefit is the protection of public and government land. Before the amendment, properties were sometimes claimed as waqf without proper documentation, leading to prolonged legal disputes and allegations of land encroachment. The UMEED Act’s provisions under Sections 3C to 3E explicitly prevent such wrongful claims and empower government authorities to contest unauthorized waqf registrations. This protects state-owned resources and ensures their availability for public purposes.
Additionally, the formal recognition of sect-specific waqfs, such as those created by Aghakhani and Bohra Muslims, supports religious diversity within the legal framework. By acknowledging the unique religious and cultural practices of these communities, the Act fosters inclusivity and strengthens communal harmony. It also ensures that waqfs belonging to different sects are managed appropriately and according to their doctrinal requirements.
Furthermore, the emphasis on deed-based waqf creation and digital registration facilitates better record-keeping. This enables waqf boards to more effectively monitor the use and management of waqf properties. It also creates a reliable database that can support planning, development, and public welfare initiatives tied to waqf assets.
Concerns and Limitations of the New Framework
Despite its benefits, the UMEED Act also presents certain limitations and challenges. One of the primary concerns is the exclusion of non-Muslims from creating a waqf. While this move is intended to preserve the religious integrity of the institution, it may discourage interfaith philanthropy or prevent non-Muslim benefactors from contributing to Islamic causes. Critics argue that the waqf system should remain open to anyone who wishes to support religious or charitable objectives by Islamic law, regardless of their faith.
Another concern is the impact of the documentation requirements on small or rural waqfs. Individuals from economically disadvantaged backgrounds may struggle to comply with the legal formalities, especially in regions where access to legal aid or notarial services is limited. Without targeted support, these individuals may be unable to dedicate property as waqf, potentially stifling community-led initiatives and religious charity at the grassroots level.
The transition from informal to formal waqf practices is also likely to increase litigation. Disputes may arise over the ownership of previously undocumented waqf properties, particularly where verbal declarations or long-standing usage had created community expectations. Resolving such disputes requires a careful balance between respecting traditional practices and enforcing legal standards. Waqf boards and tribunals must be adequately trained and resourced to handle these cases efficiently and fairly.
There is also concern that increased regulatory oversight may lead to bureaucratic delays. The process of verifying deeds, checking ownership records, and entering data into digital registries may slow down waqf registration, especially in high-volume states. This could frustrate wakifs and delay the implementation of charitable projects tied to waqf funds.
Balancing Reform With Accessibility
In order to ensure that the benefits of the UMEED Act are realized without unintended harm, efforts must be made to balance reform with accessibility. Legal aid programs can be established to assist poor or illiterate wakifs in drafting valid waqf deeds and navigating the registration process. Community-based organizations can play a vital role in spreading awareness of the new rules and helping individuals comply with them.
Moreover, waqf boards can be equipped with mobile outreach teams that travel to rural areas to assist in the documentation and verification of waqf properties. Simplified templates and multilingual waqf deed formats can be distributed to lower the entry barrier for individuals unfamiliar with legal documentation. Training programs for waqf officials can ensure that they understand the spirit and letter of the new law, reducing the risk of overregulation or misuse of authority.
The law must also be implemented with flexibility during the transition period. Where genuine waqfs have been created in good faith but lack proper documentation, mechanisms can be developed to validate such waqfs through community verification or alternative evidence. This approach preserves the charitable and religious spirit of waqf while bringing all waqfs into legal compliance over time.
Challenges and Criticisms Surrounding the UMEED Act’s Redefinition of Waqf
The UMEED Act’s redefinition of Waqf has not been free from criticism. Legal experts, religious scholars, and community stakeholders have expressed concern over the potential dilution of traditional Islamic legal principles. The Act’s emphasis on formal registration and documentation, while beneficial for transparency, may conflict with the traditional view that a mere declaration of intention is sufficient to establish a valid Waqf. Moreover, the procedural requirements may impose an undue burden on poorer or less educated waqif (founders), potentially deterring them from creating Waqf properties.
Another key criticism lies in the broader discretion granted to Waqf Boards under the Act. With increased oversight powers, Boards may exercise greater control over the management, reallocation, and even liquidation of Waqf properties. This raises questions about the autonomy of religious endowments and the protection of their original purpose. The enhanced regulatory framework may inadvertently shift the control of Waqf from the religious community to bureaucratic institutions.
Community leaders have also raised concerns about the possible politicization of Waqf Boards. Given that Waqf properties often involve significant real estate value, critics argue that increased governmental involvement may open avenues for mismanagement, corruption, or political interference. The UMEED Act’s silence on safeguarding against such risks has been a recurring theme in debates.
Furthermore, the reinterpretation of key terms such as “charitable purpose” and “permanent dedication” under the Act has led to confusion. These terms were previously understood within a religious and cultural framework. The attempt to align them with secular legislative language may risk distorting the original theological foundations of Waqf. Some scholars worry that the Act prioritizes administrative efficiency over religious intent, thereby undermining the sanctity of Waqf as a spiritual act of charity.
Implications for Future Waqf Creation and Governance
Despite the controversies, the UMEED Act introduces a new era of structure and accountability in the realm of Waqf. By embedding modern legal mechanisms, it aims to strengthen governance, ensure better utilization of assets, and secure the rights of beneficiaries. This has profound implications for the future creation and management of Waqf institutions in India.
For future waqif, the Act provides a more detailed procedural map. The requirement for clear documentation, purpose-specific endowments, and public registration ensures that newly created Waqf properties are less likely to be contested or misused. While this could be seen as a barrier to spontaneous charitable dedication, it provides much-needed clarity in resolving disputes.
The codification of roles, responsibilities, and management protocols also enhances operational transparency. By holding mutawallis accountable through regular reporting, audits, and performance metrics, the UMEED Act introduces a quasi-corporate structure that aligns with modern governance standards. In the long term, this may restore public confidence in Waqf institutions, which have historically suffered from mismanagement and a lack of transparency.
Moreover, the Act’s promotion of digital tools, centralized record-keeping, and GIS-based mapping of Waqf properties can revolutionize how these assets are tracked and protected. It opens doors for the better commercial utilization of idle or underutilized properties while ensuring that the core religious and charitable objectives are not compromised.
The UMEED Act also paves the way for institutional partnerships, allowing Waqf Boards to collaborate with educational, healthcare, and welfare organizations. This creates a framework for mission-aligned development that enhances social impact. However, such partnerships must be carefully regulated to prevent commercial exploitation or mission drift.
Conclusion:
The redefinition of Waqf under the UMEED Act reflects the State’s broader attempt to modernize religious institutions and align them with constitutional mandates of transparency, accountability, and equitable development. While these reforms aim to bring much-needed structure to a historically mismanaged sector, they must be implemented with sensitivity to Islamic jurisprudence and community sentiments.
As with any legislative reform affecting religious practices, the success of the UMEED Act hinges on inclusive dialogue, thoughtful interpretation, and robust implementation. Balancing administrative efficiency with religious authenticity is a delicate task. A reformed Waqf framework, if executed well, could unleash the vast potential of these endowments in promoting education, healthcare, and social welfare, while still honoring the pious intentions of those who dedicate their property for the benefit of others.
Ultimately, the UMEED Act offers both promise and challenge. Its success will depend on whether it can empower Waqf as a vibrant, self-sustaining institution serving both spiritual and developmental goals, without compromising the integrity of its religious roots.