Question 1

Waqf properties can be claimed simply if people have prayed there for many years.

Accepted Answer

The new Act explicitly abolishes 'Waqf by user'. A property can only be declared Waqf if the owner has a valid waqfnama and has practiced Islam for at least five years.

Question 2

Waqf Tribunals are the absolute final authority in all property disputes.

Accepted Answer

The 2025 Act revokes the finality of the Waqf Tribunal's decisions. Disputing parties can now appeal Tribunal orders directly to the High Court within 90 days.

Question 3

Consider the following statements regarding the Waqf (Amendment) Act, 2025:
1. It removes the provision of 'Waqf by user', mandating a formal declaration by an owner who has practiced Islam for at least five years.
2. It empowers the District Collector to adjudicate disputes regarding government properties claimed as Waqf.
3. It mandates that the State Waqf Boards must consist exclusively of practicing Muslims to uphold Article 26 of the Constitution.

How many of the above statements are correct?

Accepted Answer

(b) Only two — Statements 1 and 2 are correct. The Act abolishes 'Waqf by user' and empowers the Collector to determine ownership of disputed government properties. Statement 3 is incorrect because a key reform of the 2025 Act is the mandatory inclusion of at least two non-Muslim members in both the Central Waqf Council and State Waqf Boards.

Question 4

Match the changes introduced by the Waqf (Amendment) Act, 2025 (List I) with their corresponding mechanisms/impacts (List II):

List I:
A. Omission of Section 40
B. Waqf-alal-aulad reform
C. Tribunal structure reform
D. Survey powers reallocation

List II:
1. Empowers the District Collector instead of the Survey Commissioner
2. Protects the inheritance rights of women heirs
3. Removes the Waqf Board's unilateral power to decide if a property is Waqf
4. Allows appeals to the High Court within 90 days

Select the correct code:

Accepted Answer

(a) A-3, B-2, C-4, D-1 — Section 40 previously allowed Waqf Boards to declare a property as Waqf (A-3). The reform to waqf-alal-aulad ensures women are not denied inheritance (B-2). Reforming the Tribunal means its decisions are no longer final, allowing High Court appeals (C-4). Survey powers have been transferred to the District Collector (D-1).

Question 5

Assertion (A): The Waqf (Amendment) Act, 2025 abolishes the legal concept of 'Waqf by user'.
Reason (R): The government aimed to prevent arbitrary claims on properties based solely on long-term religious usage without documented ownership.

Select the correct answer:

Accepted Answer

(a) Both A and R are true and R is the correct explanation of A. — The Assertion is true, as the 'Waqf by user' provision was explicitly omitted in the 2025 Act. The Reason is also true and correctly explains the Assertion, as the legislative intent behind this omission was to ensure that only properties with a clear 'waqfnama' (declaration) by a rightful owner are recognized, preventing undocumented land grabs.

Waqf (Amendment) Act, 2025 Comes Into Force

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