| No. |
Key Recommendations |
Accepted Key Provisions |
| 1 |
Separation of Trusts from Waqf: Add a new Clause (2A) to Section 2 of the Waqf Act to separate trusts from waqf. It states that if a Muslim creates a trust under any law, it will not be considered waqf. This ensures that Muslim communities can manage their own trusts, whether created before or after the commencement of the Act, without interference from Waqf Boards. |
Accepted: Trusts created by Muslims under any law will not be treated as waqf. This provision helps Muslim communities retain control over their own trusts, ensuring they are not subject to the regulations of the Waqf Act. |
| 2 |
Use of Technology in Waqf Property Management: Recommend using technology to improve efficiency, transparency, and accountability in managing waqf properties. |
Accepted: Introduces the concept of a central portal for waqf property management. This portal will automate the full life cycle of waqf properties, including registration, account management, audit, contributions, and litigation. This ensures transparency and streamlines the process of managing waqf properties. |
| 3 |
Dedication of Waqf Properties by Practicing Muslims: Only Muslims who have been practicing Islam for at least five years should be allowed to dedicate property to waqf. This reverts the law to the position before the Waqf (Amendment) Act, 2013, which had allowed any person to dedicate property to waqf, not just practicing Muslims. |
Accepted: Only Muslims who have been practicing Islam for at least five years can dedicate property to waqf. This provision reinstates the rule that only practicing Muslims can create a waqf, as was the case before the 2013 amendment. |
| 4 |
Protection of ‘Waqf by User’ Properties: Properties already registered as waqf by user should remain covered under the Waqf Act unless there is a dispute or the property belongs to the government. This is in response to the existing number of such properties, which are registered with Waqf Boards. |
Accepted: Waqf by user properties that are already registered with Waqf Boards will remain under the provisions of the Waqf Act, unless disputed or the property is government land. There are currently about 4.02 lakh Waqf by user properties out of a total of 8.72 lakh waqf properties. |
| 5 |
Women’s Rights in Family Waqf (Waqf-alal-Aulad): Women must receive their rightful inheritance share before any property is dedicated to waqf. It also expands the scope of waqf to provide for the maintenance of widows, divorced women, and orphans if the waqif (the person dedicating the property) intends this. |
Accepted: It mandates that the women’s inheritance rights must be protected before any property is dedicated to waqf. Furthermore, it ensures that the scope of waqf can extend to provide for the maintenance of widows, divorced women, and orphans, if this is the waqif’s intention. |
| 6 |
Transparent Waqf Property Management: The Mutawalli (the manager of waqf properties) should register details of all waqf properties on a central portal within six months of the Act’s commencement. This would increase transparency in the management of waqf properties. |
Accepted: It mandates that all Mutawallis must submit the details of waqf properties on a central portal within six months of the commencement of the Waqf (Amendment) Act, 2025. This provision aims to make waqf property management more transparent and accountable. |
| 7 |
Government Land and Waqf Disputes: An officer above the rank of Collector should be appointed by the State Government to investigate government properties that are claimed to be waqf. This is to avoid unwarranted claims and ensure fairness in determining whether a government property is truly a waqf property. |
Accepted: It specifies that an officer above the rank of Collector, appointed by the State Government, will investigate government properties claimed as waqf, ensuring that government properties are not falsely claimed as waqf. |
| 8 |
Strengthening Waqf Tribunals: Improve the functioning of the Waqf Tribunals by introducing a structured selection process and a fixed tenure for Tribunal members. This would ensure stability and efficiency in the resolution of waqf-related disputes. |
Accepted: It establishes a structured process for the selection of Tribunal members, ensures their fixed tenure, and includes one member with knowledge of Muslim law and jurisprudence. The Tribunal will now consist of three members instead of two, as initially proposed. |
| 9 |
Non-Muslim Representation in Waqf Boards: Two non-Muslim members should be included in both the Central and State Waqf Boards to represent diverse stakeholders involved in waqf property management. |
Accepted: It now includes provisions for two non-Muslim members in both the Central and State Waqf Boards to better represent diverse interests and stakeholders. |
| 10 |
Reduction in Annual Contributions: Reduce the mandatory annual contribution from waqf institutions to the Waqf Board from 7% to 5%, allowing waqf institutions to retain more funds for religious, charitable, or pious activities. |
Accepted: The mandatory contribution has been reduced from 7% to 5%, which will allow waqf institutions to allocate more funds for their charitable purposes. |
| 11 |
Application of the Limitation Act: The Limitation Act, 1963 should apply to waqf property claims. This would ensure that legal claims related to waqf properties are filed within a specific time period, reducing prolonged litigation. |
Accepted: The Limitation Act will now apply to waqf property claims, which will help reduce prolonged legal battles and ensure timely resolution. |
| 12 |
Annual Audit of Waqf Institutions: Waqf institutions with annual earnings of over ?1 lakh should undergo annual audits by auditors appointed by the State Government. This is to ensure that waqf funds are managed properly. |
Accepted: Waqf institutions with earnings exceeding ?1 lakh per year must now undergo annual audits conducted by auditors appointed by the State Government. |
| 13 |
Addressing Unlawful Claims (Removal of Section 40): Remove Section 40 of the Waqf Act, which previously allowed Waqf Boards to make arbitrary claims on properties, including entire villages, as waqf. This provision had led to numerous legal disputes. |
Accepted: It removes Section 40, stopping the practice of arbitrarily declaring properties, such as villages or entire regions, as waqf. This provision ensures fairer and more regulated administration of waqf properties. |