Certain Amendments in the Waqf Act 2025 Violate Fundamental Rights of Indian Citizens
By: M. Burhanuddin Qasmi
Editor, Eastern Crescent, Mumbai
The recent amendments to the Waqf Act 1995—now renamed the Waqf (Amendment) Act 2025—raise serious concerns within India’s constitutional and Islamic frameworks. Several provisions appear arbitrary, illogical, and in direct violation of the Fundamental Rights guaranteed under Articles 14, 15, 25, 26, and 29 of the Constitution of India. Rather than enhancing transparency and governance in Waqf institutions, these changes undermine the autonomy of the Muslim community in managing their religious affairs, setting a dangerous precedent.
One of the most troubling amendments introduces a clause prohibiting individuals from creating a waqf unless they have been a “practicing Muslim for at least five years.” This arbitrary condition lacks any basis in Islamic law and violates Articles 25 and 26, which protect the right to freely profess, practice, and manage religious institutions. In Islam, creating a waqf is an act of worship (Ibadah) and a form of Sadaqah Jariyah (perpetual charity). Shariah imposes no such five-year requirement. By excluding Muslims, particularly those new to the faith, from exercising this religious practice, the amendment is both unconstitutional and discriminatory under Article 14 (equality before law) and Article 15 (prohibition of discrimination on grounds of religion).
Another problematic amendment allows non-Muslims to serve on Waqf Boards and the Central Waqf Council, directly infringing on minority rights protected under Articles 26 and 29. These articles ensure that minorities can manage their religious and charitable institutions without external interference. If Hindus manage their temples along with all properties attached to their trusts and endowments, Christians their churches, and Sikhs their gurdwaras, why are Muslims denied the same autonomy? This provision appears to single out Muslims, creating a double standard in law and governance that contradicts the secular principles enshrined in the Preamble of the Constitution.
Furthermore, the Act grants excessive powers to district collectors and government officials to identify, review, and even annul waqf properties. This opens the door to potential government overreach and abuse, risking land grabs and the legalization of encroachments on waqf properties under the guise of administrative reform. Such measures undermine the autonomy of religious minorities and threaten centuries-old charitable institutions serving the poor, orphans, and educational and religious causes.
The removal of “waqf by user” further weakens the community’s ability to maintain long-standing religious properties used for public service across generations.
A critical question arises: who determines what constitutes a “practicing Muslim”? Is the State now the arbiter of Islamic faith, with a metric to measure religiosity? This concept is Islamically unsound, as no hierarchy among Muslims exists to classify believers as practicing or non-practicing—only Allah judges faith. This provision also violates Article 25, which guarantees freedom of conscience and the right to practice religion individually and collectively.
The Waqf (Amendment) Act 2025 introduces provisions that are Islamically invalid and constitutionally unacceptable. They curtail the religious freedoms of Indian Muslims, treat them unequally compared to other religious communities, and enable potential government acquisition of waqf properties under legal cover.
These amendments must be opposed not only by Muslims but by all citizens who value democracy, secularism, and India’s constitutional order. They infringe upon Fundamental Rights, Equality before Law, and Minority Rights—core pillars of the Indian Constitution. The Honourable Supreme Court of India could take suo motu cognizance of the Waqf (Amendment) Act 2025; however, with cases already filed, the Court is expected to uphold the Constitution in good faith and on merit.
