Introduction
The issue of Waqf Act properties in India has been a matter of discussion for a long time. The Waqf (Amendment) Act 2025 passed by the Central Government recently is once again in the headlines. Many petitions were filed in the Supreme Court regarding this law, stating that it is against the Constitution and violates religious rights. Now the Supreme Court has completed the hearing in this matter and has reserved the decision.
What is Waqf?
“Waqf” is an Islamic religious tradition in which a person permanently donates his property such as land, shop, house etc. for religious or public welfare purposes. The ownership of this property is now in the name of Allah and it is managed by organizations like Waqf Board. This property is used for mosques, madrasas, cemeteries, hospitals or to help the poor.
What is Waqf Act?
A law was made in 1995 for the management of Waqf properties in India, which was called the Waqf Act. Under this law, a Waqf Board was formed in every state which keeps accounts of these properties and ensures their proper useWaqf Act
What is the Waqf (Amendment) Act 2025?
The central government made some major changes in the Waqf Act in April 2025, which is being called the Waqf (Amendment) Act 2025. Its major provisions are as follows:
Registration of all Waqf properties mandatory: Now any property will be considered a Waqf only if it is duly registered with the Waqf Board.
End of ‘Waqf by User’: Earlier the properties which were being used for religious purposes for a long time were recognized under “Waqf by User”, now this provision has been abolished.
Non-Muslim members in Waqf Board: Now non-Muslims can also become part of the Waqf Board, which was not possible earlier.
Strict monitoring and transparency: The role of the government has been increased in the management of Waqf properties. Waqf Act
Why is there opposition?
This law is being strongly opposed by many Muslim organizations and leaders. Their objections are as follows:
- It is a violation of the religious and constitutional freedom of the Muslim community.
- The tradition of Waqf is a part of Islam and government interference in it is wrong.
- With the removal of ‘Waqf by User’, many historical mosques and graveyards will be out of the category of Waqf.
- Inclusion of non-Muslim members in the Waqf Board is unnecessary interference in religious matters.
What is the government’s stand?
The central government, in its affidavit filed in the Supreme Court, said:
- Waqf is not an essential religious part of Islam. It is a social tradition and cannot get protection under the Constitution.
- The purpose of the law is to increase transparency and accountability, so that Waqf properties are not misused.
- The tendency to occupy government land had increased due to the system of ‘Waqf by User’, which is necessary to stop.
What happened in the Supreme Court?
The Supreme Court heard the case for three days. During this, many important comments were made:
- Chief Justice D.Y. Chandrachud said, “Every religion has the spirit of charity. There is salvation in Hinduism, heaven in Christianity and the concept of Jannat in Islam.”
- The judges said that charity and charitable work are not limited to Islam only.
- The court also asked why Waqf property should be brought under the purview of religious freedom, when it is a public service? Waqf Act
Why is the case so important?
This case is not just related to Waqf law, but it is also related to religious rights, government powers and the definition of secularism in India. If the court rules in favor of the government, then government control over Waqf properties may increase. At the same time, if the decision is in favor of the petitioners, it will strengthen the right to religious autonomy.
What can happen in the future?
Now that the Supreme Court has completed the hearing, the decision may come soon. This decision will decide whether the Waqf Amendment Act 2025 is in line with the Indian Constitution and religious freedom. This case can also become an example for other religious institutions in the future.
Conclusion
The Waqf Act 2025 is a complex but important issue. It brings forth a triangular battle of religion, law and politics. The decision of the Supreme Court can affect the religious policy and property laws of not only the Muslim community but the entire country. Therefore, the eyes of the country are now fixed on the final decision of the Supreme Court.
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