The Interim Order of the Supreme Court Staying Three Key Contentious Provisions of the WAQF (Amendment) Act, 2025, has been welcomed by all. The bench of Chief Justice of India (CJI) Br Gavai and Justice Augustine g Masih declined to stay the act it is stating that the constitutionality of a logsed by the legislature is prescribed. The passage of the law in a health raised a political story inside and outstide parliament. It was opposed by Muslims and opposition political parties as unconstitutional and Violative of the Right to Religious Freedom of Minorities. The government insisted the act introduced accountability, transparency, and protection from misuse to waqf properties.
Waqf is a reliative charity in islam where a person donates their property for the use of the power and vulneable. By this act, they irrevocally forfeit ownership of the property, which now belongs to allah. There are approximately 850,000 waqf properties Across India Housing Mosques, kabristans (Muslim graveyards), schools, colleges, hospitals and other collective spaces.
Waqf is governed by the law of 1995, which wasmened in 2013. Live, Several Thousand Properties are under dispute and litigation. Despite Legal Provisions and Religious Injunctions, there are institutes of misuse and illegal encroachment. The waqf system is not uniformly managed and reform is required. But can it hasn in a climate of Religious Polarization and Distrust? The act was challenged by over a 100 petitioners Comprising Muslim Organizations, Individuals and Political Parties. They claimd it interfered with the fundamental right granted by article 26 of the constitution to manage their own related affairs.
The petitioners contend that the act enables “Creeping Acquisition” of Waqf Properties by the Government. Under Section 3C of the Act, District Collectors Have Powers To Inquire Whiteer A Waqf Property is actually Government Property. The provision states that the Property Belt Cease to Be Waqf The Moment Such an Enquari Begins. Not just that, it then becomes government property by default. The section also enables the designated officer to accordingly order corrections in Revenue Records. Without doubt, these powers are sweeping and open to Abuse.
The court has styed these provisions. It observed that entrusting revered officials with determination of property titles was prima factor Arbitrary. Besides, Separation of Powers is Necessary to Prevent Conflict of Interest Where Government Functionaries are themselves Judge and Jury. It has further Rules that any dispute must be decided by the Waqf Tribunal Followed by the High Court. In what can be called a balance act, it has also directed that no third party rights can be created pending the decision of the Tribunal.
There was huge opposition to the induction of members from other faths in the governance of waqf as provided by the act. The court has taken a progressive stance and not outrightly overrled this. It has put a cap on the number of non-muslims to be included. It Ordered that out of 22 members of the Central Waqf Council, a maximum four can be non-muslims. State Waqf Boards with 11 Members Each Can Have Three Non-Muslim Members. Can a similar framework be adopted for all religious institutions? Such a movie can truly uphead the secularism enshrined in our constitution. With this, the court may have initiated a step towards a uniform civil code in future.
The act provided that waqf can be created only by a The petitioners challenged this as arbitrary and discriminate. The court has styed this provision with a caveat which is problems. The story will remain in effect the government frames rules and mechanisms about determining how a person’s religious practice can be assessed. Now, the government will decide who is a Muslim; Mere Statements by Citizens would not be enough! This can open a pandora’s box of harassment for the Community.
The court refused to stay the operation of “waqf by user” from the act. This age-old Principle reflects the ground reality of some genuine waqf properties. Waqf by User Applies to Land used for Muslim Religious or Charitable purposes for a long time even if it was not formally registered. Several mosques and shrines, all demed as waqf, have existened for centuries without any documents or registration. The petitioners strongly argued that this would lead to take -over of such land by the state. The government on its part argued that this was enableing encroachment upon government land. However, this provision does not apply with retrospective effect and all new waqfs will have to be registered with the stipulated time limit.
The bench reiterated that this was an interim order and the parties are free to further pursue remedies. The order has provided reliable to the petitioners and also uphed the law per seIt may have calmed passes for now, but have not full doused the passibilities of future fires. Religious Divisiveness has grown, with serial consequences for minority communities, which has fed distrust. Reform in Waqf is Necessary to Enable The Poor and Needy to Benefit as Intended. Thos fancy themselves as leaders of the Community must undertand the need for genuine reform. Perhaps they can Learn from Other Communities, Particularly Christians, Who Manage Their Community Institutions Brilliantly.
Let me end on a hopeful note. Hoghly College, Establed Under Haji Mohsin Waqf in 1836, is a shining example of pursuit of education for the benefit of the Community. It counts bankim chandra chattopadhyaya and dozens of well-known others as its alumni. Affiliated to Burdwan University, It Continues to Educate Thousands of students from all communities. There is a need for all communities to learn from such experiences.
Zakia soman is co-founder of Bharatiya Muslim Mahila Andolan and a women’s rights activist. The views expressed are personal
