Abstract
The institution of Waqf in India, a cornerstone of Islamic philanthropy, has been the subject of extensive legislative reform, culminating in the highly contested amendments to the Waqf Act, 1995. This paper provides a comprehensive socio-legal analysis of these reforms, with a specific focus on their implications for gender representation and the inheritance rights of Muslim women. It traces the legislative trajectory from the foundational 1995 Act, through the progressive interventions of the 2013 amendment, to the paradigm-shifting changes introduced in 2024-2025. The analysis reveals a profound paradox: while the amended Act introduces facially progressive provisions mandating women’s representation in governance and statutorily protecting their inheritance rights against certain religious instruments, these advancements are embedded within a broader legislative framework that significantly increases state control, diminishes community autonomy, and has been met with deep suspicion by key stakeholders. This paper argues that the efficacy of these gender-centric reforms is fundamentally contested and potentially undermined by the very political and legal context in which they are situated. Through a critical examination of the statutory text, stakeholder discourse, and emerging judicial scrutiny, this paper concludes that the ultimate impact of the amended Waqf Act on gender justice remains contingent on navigating the complex interplay between state-led empowerment narratives and the community’s right to self-determination.
Keywords: Waqf Act, Gender Representation, Inheritance Rights, Muslim Women, Socio-Legal Analysis, Islamic Law, Waqf-alal-aulad, Religious Autonomy, State Control, Feminist Legal Critique.
I. Introduction
The concept of waqf (pl. auqaf) is a foundational pillar of Islamic socio-legal tradition in India. Defined under the Waqf Act, 1995, as the “permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable,” it is a unique form of endowment where ownership vests in God, rendering the property inalienable and perpetual. This dual nature makes waqf both a sacred institution and a major socio-economic entity. India’s vast network of waqf properties constitutes one of the largest landholdings in the country, with proceeds intended for community welfare, including the upkeep of mosques, support for educational institutions, and aid to the poor, orphans, and widows. The scale of these assets necessitates a robust legal framework, making its administration a matter of profound public interest.
The legislative governance of auqaf has evolved significantly. The Waqf Act, 1995, consolidated earlier laws to create a uniform administrative structure. The Waqf (Amendment) Act, 2013, addressed issues of mismanagement and, critically, introduced the first statutory mandate for women’s representation on Waqf Boards. The most recent and contentious chapter is the Waqf (Amendment) Act of 2024-2025. Aimed at enhancing transparency and inclusivity, this overhaul has redefined governing bodies, introduced new inheritance provisions, and shifted power from community boards to state-appointed officials, sparking fierce debate.
This history raises critical questions: To what extent do these amendments substantively advance gender justice for Muslim women? How do provisions on representation and inheritance interact with systemic changes to Waqf governance? What do the conflicting stakeholder responses reveal about the reform’s intent? This paper argues that while the amended Waqf Act contains laudable, progressive gender provisions, they exist within a paradox. These reforms are embedded in a political project of increasing state control over a minority institution, raising legitimate concerns of tokenism and the instrumentalization of women’s rights, potentially diluting the autonomy required for these measures to be effective.
II. Literature Review
Scholarship on the Waqf Act reforms covers legal, jurisprudential, and socio-political ground. A significant body of literature provides a legal-administrative overview, detailing the institutional architecture of Waqf governance and highlighting historical challenges of mismanagement and encroachment. Another critical stream focuses on Islamic jurisprudence, contrasting the Hanafi and Shia schools of inheritance and noting the historical misuse of the waqf-alal-aulad (family waqf) to disinherit daughters—a practice the latest amendments target.
The most contested area of discourse involves feminist and socio-political critiques. Scholars argue that mandating women’s inclusion on Waqf Boards is “tokenistic” without genuine consultation or defined powers. This critique is often linked to a broader argument about the “instrumentalization” of Muslim women’s rights, where the state uses the language of empowerment to justify greater intervention in minority affairs, drawing parallels to the criminalization of Triple Talaq.
Finally, the literature captures the polarized narratives of stakeholders. The government frames the reforms as a move toward transparency and empowerment. In contrast, organizations like the All India Muslim Personal Law Board (AIMPLB) see them as an unconstitutional assault on religious autonomy. Muslim women’s groups are divided: some support state intervention as a necessary corrective to internal patriarchy, while others prioritize community autonomy, fearing state control more. This paper synthesizes these threads to analyze the interplay between the gender-specific clauses and the broader systemic changes in Waqf governance.
III. Research Methodology
This paper employs a qualitative, socio-legal research methodology, integrating doctrinal legal analysis with a qualitative examination of secondary sources to understand the law in its social and political context.
The core is a doctrinal legal analysis of the Waqf Act, 1995, and its amendments in 2013 and 2024-2025, focusing on provisions concerning governance, administration, and inheritance. This is supplemented by a comparative legal analysis of Hanafi and Shia inheritance rules to assess the differential impact of the new statutory safeguards.
The study also uses qualitative content analysis of diverse secondary sources, including government reports, academic articles, media coverage, and public statements from key stakeholders like the AIMPLB and various women’s organizations. This helps capture the state’s narrative, feminist critiques, and stakeholder positions. Finally, an analysis of emerging judicial discourse from the ongoing constitutional challenges to the 2024-2025 Act before the Supreme Court provides insight into the initial judicial reception of the law. By integrating these methods, this paper offers a holistic analysis that explores the law’s contested meanings and political dynamics.
IV. The Doctrinal and Juristic Landscape
The Administrative Architecture of the Waqf Act, 1995
The 1995 Act established a multi-tiered governance structure. The Central Waqf Council is a national advisory body. Real administrative power lies with the State Waqf Boards, statutory bodies that superintend auqaf in each state. A state-appointed Chief Executive Officer (CEO) executes the Board’s decisions, while a mutawalli manages each individual waqf at the grassroots level. This structure is the backdrop for the current debates on representation and rights.
Female Inheritance in Islamic Law: A Comparative Note
Muslim Personal Law in India is not monolithic. The Hanafi (Sunni) and Shia schools have distinct inheritance rules that affect women differently. While both grant women inheritance rights, generally half the share of a male counterpart, Hanafi law prioritizes male agnatic relatives (asabah). After fixed shares are distributed, the residue of an estate goes to the nearest male relatives, which can significantly reduce the property remaining for immediate female family members. Shia law, conversely, rejects this bias, organizing heirs into classes where the presence of a closer class (e.g., a daughter) excludes a more distant one (e.g., a brother).¹⁹ This system is comparatively more favorable to female heirs in the nuclear family.
The Instrument of Waqf-alal-aulad
The waqf-alal-aulad, or family waqf, allows a person to settle financial benefits on their descendants. Historically, this instrument has been used to circumvent Sharia inheritance rules. By creating a waqf-alal-aulad and naming only male descendants as beneficiaries, a property owner could effectively disinherit daughters. The legislative interventions in the amended Act directly address this documented “mischief,” suggesting the state is intervening to uphold Sharia inheritance principles against the strategic misuse of another Islamic legal tool.
V. The Politics of Presence: Analyzing Gender Representation
The 2013 and 2024/2025 Amendments
The Waqf (Amendment) Act, 2013, was a watershed, mandating for the first time the appointment of “at least two… women” on every State Waqf Board and the Central Waqf Council. The 2024-2025 amendment built on this but within a radically altered framework. It refined the mandate to “two Muslim women” on State Boards but simultaneously abolished the system of electing members from electoral colleges of Muslim MPs, MLAs, and Bar Council members, replacing it with a system of direct government nomination. This change is pivotal.
Table 1: Evolution of Gender-Related Provisions in the Waqf Act (1995-2025)
| Provision | Waqf Act, 1995 | Waqf (Amendment) Act, 2013 | Waqf (Amendment) Act, 2024/2025 |
|---|---|---|---|
| Central Waqf Council Composition | No specific provision for women members. | Mandated “at least two… women” members. | Maintains “two women” members within a fully nominated, mixed-religion council. |
| State Waqf Board Composition | No specific provision for women members; included elected members. | Mandated “at least two… women” members. | Refines mandate to “two Muslim women”; abolishes elections, making all members government nominees. |
A Feminist Legal Critique: Empowerment vs. Tokenism
While framed as empowering, the changes have drawn sharp feminist criticism. Critics label the inclusion of women as “tokenistic,” noting the lack of consultation with women’s groups and the absence of defined powers for the nominated women. This is seen as part of a pattern of “instrumentalizing” women’s rights to justify greater state intervention in minority affairs. The potential for substantive empowerment is severely complicated by the shift to an all-nominated board. A nominated member on a state-controlled board has far less autonomy to advocate for community interests than an elected one. By severing the board’s democratic link to its community, the 2024-2025 amendment, while upholding the gender mandate in form, may have hollowed out its potential for genuine empowerment in substance.
VI. Securing the Patrimony: The Amended Act and Inheritance
New Statutory Inheritance Safeguards
The most significant gender justice provision in the 2024-2025 amendment is the direct protection of women’s inheritance rights. The new Section 3A(2) states: “The creation of a waqf-alal-aulad shall not result in denial of inheritance rights of heirs, including women heirs, of the waqif…”. This creates a clear legal bar against using family waqfs to disinherit daughters. Furthermore, an amendment to Section 3(r)(iv) now includes the “maintenance of widow, divorced woman and orphan” as a valid charitable purpose for such waqfs.
Assessing the Potential Impact
The legal mechanism is noteworthy: it regulates a religious instrument (waqf) using a secular law to enforce principles of another area of religious law (inheritance). This gives women a clear statutory basis to challenge disinheritance. However, the effectiveness of this right is linked to the adjudicatory body: the Waqf Tribunal. The 2024-2025 amendment paradoxically weakens this body by removing the mandatory inclusion of an “expert in Muslim law and jurisprudence.” This creates an “implementation gap,” where a progressive right may be adjudicated by a tribunal lacking the necessary specialized knowledge. This legislative technique also suggests a “backdoor” route to personal law reform, regulating acts governed by personal law without directly amending it, potentially setting a precedent for future state actions.
VII. Contested Terrains: Stakeholder Voices and Judicial Oversight
The 2024-2025 amendment has ignited fierce controversy among stakeholders.
- The All India Muslim Personal Law Board (AIMPLB) has vehemently opposed the Act, calling it a violation of Article 26 of the Constitution, which guarantees religious denominations the right to manage their own affairs. They see it as a pretext for the government to control valuable Waqf properties, dismissing the “women’s empowerment” narrative as disingenuous.
- Muslim Women’s Groups are divided. The All India Muslim Women Personal Law Board (AIMWPLB) supports the bill, believing state intervention is needed to curb corruption and secure women’s rights.¹² Conversely, other feminist groups express deep skepticism, arguing the reforms are politically motivated tokenism and that state control from a hostile government is a greater threat than internal patriarchy.
- The State’s Narrative is that the amendments are a progressive reform to root out corruption and mismanagement, ensuring waqf resources benefit the poorest sections of the Muslim community, especially women and children.
- The Role of the Courts is now crucial. The Supreme Court is hearing challenges to the Act’s constitutionality. Initial hearings show judicial concern over provisions like the abolition of “waqf by user” and the potential for non-Muslim majorities on Waqf Boards, signaling that the Act will face rigorous scrutiny.
VIII. Conclusion and Recommendations
Synthesizing the Paradox
The amended Waqf Act presents a stark paradox. It offers concrete statutory tools for gender justice—mandated representation and protected inheritance rights—but embeds them in a legislative package that centralizes power and is perceived by many in the target community as an attack on its religious autonomy. The ultimate impact of these reforms will depend less on the letter of the law and more on the political context of its implementation, the agency afforded to women on the new boards, and the vigilance of the judiciary.
Recommendations for a More Substantive Framework
To bridge the gap between the Act’s promise and its potential peril, the following is recommended:
- Restore Democratic Accountability: Reintroduce elections for at least a portion of Waqf Board members to ensure they are accountable to the community they serve, making representation substantive rather than symbolic.
- Strengthen Adjudicatory Expertise: Reinstate the mandatory position for an expert in Muslim law on Waqf Tribunals to ensure they are equipped to effectively adjudicate complex inheritance claims made under the new statutory protections.
- Mandate Genuine Stakeholder Consultation: Ensure future reforms are preceded by transparent and widespread consultation with diverse stakeholders, including independent civil society and women’s organizations, to build consensus and avoid the perception of top-down imposition.
The journey of the Waqf Act is a critical case study in the dynamics of law, religion, and politics in modern India. Its future, and its ability to fulfill its sacred and social mandate, hinges on striking a balance between the state’s legitimate interest in accountability and the minority community’s fundamental right to manage its own religious affairs with dignity and autonomy.
Citations
- The Waqf Act, 1995, No. 43, Acts of Parliament, 1995 (India).
- The Waqf (Amendment) Act, 2013, No. 27, Acts of Parliament, 2013 (India).
- Press Information Bureau, Waqf Amendment Bill, 2025: A Comprehensive Overview, (https://www.pib.gov.in/PressReleasePage.aspx?PRID=2118261).
- Waqf Amendment Bill: Why Muslims are opposing it, TIMES OF INDIA, https://timesofindia.indiatimes.com/india/waqf-amendment-bill-why-muslims-are-opposing-it/articleshow/119905795.cms.
- Press Information Bureau, Waqf Amendment Bill, 2025: The History of Waqf in India, (https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2118415).
- Constitutionality of Waqf Amendment Act | Day 1: “Many Muslims want private charity, not Waqf Board,“ says Union, SUPREME COURT OBSERVER, https://www.scobserver.in/reports/constitutionality-of-waqf-amendment-act-day-1-many-muslims-want-private-charity-not-waqf-board-says-union/.
- Joint Committee on the Waqf (Amendment) Bill, 2024, Report, (2025), (https://sansad.in/getFile/lsscommittee/Joint%20Committee%20on%20the%20Waqf%20(Amendment)%20Bill,%202024/18_Joint_Committee_on_the_Waqf_(Amendment)_Bill_2024_1.pdf?source=loksabhadocs).
- Sylvia Vatuk, Waiving or Gifting? The Social and Legal Realities of Muslim Women’s Inheritance Rights in India, 57 ECON. & POL. WKLY. 45 (2022).
- The Waqf Protests Continue: Is The Act A Legal Reform Or Another Attempt At Exclusion?, FEMINISM IN INDIA, https://feminisminindia.com/2025/07/21/the-waqf-protests-continue-is-the-act-a-legal-reform-or-another-attempt-at-exclusion/.
- Press Information Bureau, From Margins to Mainstream: Women’s Empowerment in Waqf Governance, (https://www.pib.gov.in/PressReleasePage.aspx?PRID=2120128).
- Preetha Nair, ‘Recommendations of Sachar panel not taken in Waqf Bill’, THE NEW INDIAN EXPRESS, Aug. 13, 2024, https://www.newindianexpress.com/nation/2024/Aug/13/recommendations-of-sachar-panel-not-taken-in-waqf-bill.
- All India Muslim Women Personal Law Board backs Waqf Amendment Bill, ANI, Jul.14 21, 2025, https://www.aninews.in/news/national/politics/all-india-muslim-women-personal-law-board-backs-waqf-amendment-bill20250721145614/.
- Ministry of Minority Affairs, Waqf in India vs Globally, (2025), (https://minorityaffairs.gov.in/WriteReadData/RTF1984/1743661603.pdf).
- Siobhan Mullally, Feminism, Deliberative Democracy and the Politics of Multiculturalism, European University Institute, (https://ael.eui.eu/wp-content/uploads/sites/18/2014/05/Evans-23-Background-Mullally.pdf).
- Tarlok Singh Chauhan v. State of H.P., 2017 SCC OnLine HP 273 (India).
- SC moots tweaks in key provisions of Waqf law, HINDUSTAN TIMES, https://www.hindustantimes.com/india-news/sc-moots-tweaks-in-keyprovisions-of-waqf-law-101744828580556.html.
- The Waqf Act, 1995, § 13, No. 43, Acts of Parliament, 1995 (India).
- Kelly Kunsch, A Legal Practitioner’s Guide to Indian and Tribal Law Research, 5 AM. INDIAN L.J. 1 (2017).
- Gulshera Khanam v. Aftab Ahmad, (2016) 14 SCC 433 (India).
- Any change in Wakf Act will not be tolerated, says Muslim Personal Law Board, THE HINDU, Aug. 7, 2024, https://www.thehindu.com/news/national/any-change-in-wakf-act-will-not-be-tolerated-says-muslim-personal-law-board/article68485615.ece.
- Srimati Basu, Criminalization of Divorce and Muslim Women, 58 ECON. & POL. WKLY. 22 (2023).
- N.A. Khan & S. Jareen, The Waqf and Human Security in Muslim Majority Countries, in HUMAN SECURITY 123 (Shbana Mitra ed., 2017).
- Inheritance Under Hanafi Law, SCRIBD, https://www.scribd.com/document/518806529/Inheritance-Under-Hanafi-Law.
- Muslim Personal Law, EPW ENGAGE, https://www.epw.in/tags/waqf-board.
- Gender Inclusive Rape Law, OÑATI SOCIO-LEGAL SERIES, https://opo.iisj.net/index.php/osls/article/view/2199.
- The Waqf (Amendment) Bill, 2024, PRS LEGISLATIVE RESEARCH, https://prsindia.org/billtrack/the-waqf-amendment-bill-2024.
- International Journal for Research in Law, Waqf (Amendment) Act, 2025: A Constitutional Analysis of Religious Freedom and Minority Rights, 5 IJIRL 3 (2025), (https://ijirl.com/wp-content/uploads/2025/05/WAQF-AMENDMENT-ACT-2025-A-CONSTITUTIONAL-ANALYSIS-OF-RELIGIOUS-FREEDOM-AND-MINORITY-RIGHTS.pdf).
- Why Muslim women are demanding equality in inheritance rights, THE NEWS MINUTE, Mar. 31, 2023, https://www.thenewsminute.com/news/why-muslim-women-are-demanding-equality-inheritance-rights-175310.
- New Waqf Bill incorporates all 25 changes suggested by JPC, HINDUSTAN TIMES, https://www.hindustantimes.com/india-news/new-waqf-bill-incorporates-all-25-changes-suggested-by-jpc-101743533450311.html.
- Press Information Bureau, The Waqf (Amendment) Bill, 2025, (https://www.pib.gov.in/PressReleasePage.aspx?PRID=2118799).
Nandini Agarwal
Vidyasthali Law College affiliated with Dr. Bhimrao Ambedkar Law University, Jaipur