Publication Details


Tradition to Transformation: Review on Evolution, Impact and the Road of Accountability in the WAQF Institution under Indian Legal Framework

Property Law Articles

Volume 10 Issue 1 December 2025

Abstract

The institution of Waqf in India represents a centuries-old socio-religious system grounded in Islamic jurisprudence, intended for charitable and religious purposes. Over time, its legal governance has undergone a significant transformation from colonial impositions and administrative neglect to modern legislative attempts at reform. The latest legislative milestone, the Waqf (Amendment) Act, 2025, proposes a comprehensive overhaul of the existing Waqf governance framework to address chronic inefficiencies and promote transparency. Currently, Waqf properties in India suffer from mismanagement, encroachments, opaque decision-making, and lack of standard regulatory mechanisms. Though multiple amendments have attempted to streamline administration, the system remains vulnerable to misuse and political interference. The central task of this new reform is to redefine legal and operational mechanisms surrounding Waqf institutions by replacing outdated provisions with a more unified, transparent, and accountable governance system. This includes eliminating oral waqf declarations, institutionalizing digital record-keeping, and allowing wider representation within Waqf Boards. This study aims to critically examine the evolution of Waqf governance in India under Islamic and statutory frameworks, assess the impact of past reforms, and analyze the projected outcomes of the Waqf (Amendment) Act, 2025. The paper identifies persistent gaps in Waqf management such as limited legal recourse, political manipulation, inadequate property documentation, and exclusion of key stakeholders. The 2025, Amendment attempts to bridge these gaps by redefining waqf creation, delegating verification duties to District Collectors, integrating digital platforms for registration, and widening board representation to include Muslim women and non-Muslims. However, the reform also introduces potential constitutional tensions, especially concerning religious autonomy and administrative overreach. While the Amendment represents a significant legislative advance, its effectiveness hinges on rigorous enforcement, legal clarity, and alignment with constitutional safeguards. It underscores the delicate balance between enhancing public accountability and preserving the religious essence of Waqf.