Waqf (Amendment) Act, 2025
Key Changes
Parliament passed the Waqf (Amendment) Act, 2025, introducing sweeping changes to the administration and regulation of Waqf properties in India. Among the most debated changes is the mandatory inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards. The law also removes the old Section 40 power under which Waqf Boards could unilaterally declare any property as Waqf, now requiring a formally executed Waqf deed for creation of a new Waqf. Additionally, the Act restricts Waqf creation to individuals who have practiced Islam for at least five years, and mandates digitization of all Waqf properties within six months of enactment.
- Non-Muslim membership: State Waqf Boards must include at least two non-Muslim members (maximum three); Central Waqf Council maximum four non-Muslim members.
- Section 40 removed: Waqf Boards can no longer unilaterally declare properties as Waqf.
- New Section 36 amendment: Waqf creation now requires a formally executed deed.
- Section 3(r): Only a person practicing Islam for a minimum of five years can create a new Waqf.
- Contribution reduction: Mandatory Waqf Board contribution reduced from 7% to 5% of Waqf income.
- Waqf by user: Provisions allowing recognition of Waqf based on long-standing usage (without deed) were removed.
- Supreme Court interim direction: The Court directed that non-Muslim members should not form a majority in Waqf bodies and that the chairperson should as far as possible be from the Muslim community.
● Tracked since July 06, 2026 · last seen July 07, 2026 · updates as the daily brief publishes