Waqf is a religious endowment made by a Muslim to a religious, educational, or charitable cause. The Waqf (Amendment) Act, 2025, has instituted significant changes to the legal framework governing the Muslim charitable endowments in India, posing thought-provoking questions about the state control over religious autonomy and the personal law system. Through doctrinal research, this article aims to explore the various key provisions of the amended Act, for instance, the new act mandates the inclusion of non-Muslims in Waqf Boards, the abolition of “waqf by user,” the expansion of the government's role in regulating waqf properties and adjudicating disputes related to them, the prerequisite of being a qualified practicing Muslim to be a donor, and the application of the Limitation Act, amongst many others, and analyze them from the perspective of classical Islamic jurisprudence on waqf (endowment), sadaqah jariyah (ongoing charity), and niyyah (intention). Falling back on Quranic principles, Hadiths, appraisals of major Islamic legal schools, and the analyses accentuate the theological rigidity and socio-political inference of these policies. The article argues that while the state's intent of promoting transparency and accuracy is a valid concern, a few provisions jeopardize the foundations of Islamic principles. By positioning the discussion between the state regulation and Islamic charity, this article proposes a re-evaluation of such legal reforms in religious institutions, like that of the Waqf Board in India, a pluralistic, democratic, and secular country. The primary objective of this research is to critically evaluate the compatibility of the Waqf (Amendment) Act, 2025 provisions with classical Islamic jurisprudence principles.
Sayed et al. (Mon,) studied this question.