Waqf (Amendment) Act 2025: Impact on Transparency and Gender Rights
Introduction
The Waqf (Amendment) Act, 2025 marks a significant reform in India’s Waqf management system, aiming to modernize governance, increase transparency, and promote gender equality in the administration of Muslim charitable endowments. The Act introduces structural changes, mandates women’s participation in decision-making, and strengthens oversight mechanisms. While progressive, the Act also raises debates about effective implementation and social acceptance.
Key Provisions of the Waqf (Amendment) Act 2025
- Structural and Administrative Reforms
The Act reforms the Waqf administration by streamlining the functioning of Central and State Waqf Boards, improving accountability, and formalizing procedures. It provides clear guidelines for registration, auditing, and financial management, addressing long-standing issues of mismanagement and misuse of Waqf properties.
- Gender Representation
A landmark feature is the mandatory inclusion of at least two Muslim women in both the Central Waqf Council and State Waqf Boards. This ensures women have a voice in decision-making on matters affecting Waqf assets, management, and welfare schemes.
Additionally, the Act safeguards inheritance rights of women in family Waqfs (Waqf-alal-aulad), requiring that female heirs receive their legal share before the property is dedicated as Waqf. It also supports programs such as scholarships, vocational training, and legal aid for Muslim women, especially widows, divorcees, and those facing inheritance disputes.
- Transparency and Accountability
The Act introduces a formal appeal mechanism against decisions of Waqf tribunals and provides clear guidelines for record-keeping and auditing. It abolishes the previously misused “waqf-by-user” doctrine, preventing individuals from arbitrarily declaring land as Waqf without proper documentation. These measures aim to reduce disputes, prevent misuse of properties, and enhance public trust in Waqf management.
- Inclusive Representation
The Act also promotes inclusivity by mandating representation from different Muslim sects on State Waqf Boards and allowing two non-Muslim professionals with expertise in law or administration to participate in governance. This ensures diverse perspectives and strengthens the accountability of Waqf administration.
Impact on Gender Rights
Positive Effects
- Enhanced Participation: Women’s inclusion in Waqf boards ensures their opinions influence decisions affecting community resources.
- Protection of Inheritance Rights: The Act ensures that women receive their rightful share before property is declared as Waqf, reducing discriminatory practices.
- Empowerment Programs: Initiatives for scholarships, vocational training, and legal support enhance socio-economic opportunities for Muslim women.
Challenges
- Implementation Gaps: Rural areas may struggle to implement gender-inclusive policies effectively.
- Social Resistance: Patriarchal norms may impede women’s meaningful participation in Waqf governance.
Impact on Transparency
Positive Effects
- Formalized Procedures: Clear rules for registration, auditing, and record maintenance reduce mismanagement and corruption.
- Legal Recourse: The appeal mechanism ensures accountability of Waqf tribunals and administrative authorities.
- Prevention of Fraudulent Claims: Abolishing arbitrary “waqf-by-user” declarations ensures proper documentation of Waqf properties.
Challenges
- Implementation Hurdles: Bureaucratic delays may affect timely auditing and registration processes.
- Data Management Issues: Digitization and maintenance of records must be consistent to ensure true transparency.
Conclusion
The Waqf (Amendment) Act, 2025 is a progressive step toward creating a more transparent, accountable, and gender-sensitive Waqf system in India. By mandating women’s representation, safeguarding inheritance rights, formalizing procedures, and promoting inclusivity, it aligns Waqf administration with constitutional values of equality, social justice, and transparency.
However, the Act’s success depends on effective implementation, overcoming bureaucratic and social hurdles, and ensuring that the reforms translate into tangible empowerment for women and better governance of Waqf properties. If executed properly, this Act could serve as a model for inclusive and transparent governance of religious endowments while protecting both community interests and individual rights.