What You Need to Know About the Supreme Court’s Decision on the Waqf (Amendment) Act
The Supreme Court of India made headlines this week by declining to stay the entire Waqf (Amendment) Act, 2025—but not without putting some major provisions on pause. The move has triggered plenty of discussion, especially among legal experts and those following religious property laws in India.
Why This Matters
In a decision that balanced caution and consideration, the court left portions of the Act untouched for now while temporarily halting others. The most debated segments? Two controversial rules:
- The power given to district collectors to decide whether a disputed property is claimed as waqf or government land.
- The requirement that only a Muslim individual, practising Islam for at least five years, could create a waqf through a deed.
This partial suspension has raised a fundamental question—how do we define waqf today and who controls it?
What Is Waqf? 8 Simple Points That Break It Down
1. Definition and Origin
Waqf is an Arabic word meaning confinement or dedication. In legal terms, it refers to a permanent dedication of property (by a Muslim) for religious, pious, or charitable purposes under Islamic law. The concept dates back centuries and is deeply embedded in Islamic socio-economic frameworks.
2. The Role of a Waqif
The donor of the waqf is known as the waqif. This individual gives away their property willingly. Once committed, this property no longer belongs to the waqif and becomes inalienable. Think of it as a permanent trust locked for a sacred or charitable function.
3. Waqf Property is Inalienable
Once a property is declared waqf, it cannot be sold, transferred, or inherited. This rule ensures that the benefit of that property continues into the future. A mosque built with waqf funds, for instance, must remain a mosque forever, unless damaged or unused.
4. How It’s Managed
Waqf properties are managed by Waqf Boards, established under the Central Waqf Council and governed by the Waqf Act. The boards supervise usage, prevent misuse, and sometimes intervene in legal matters. Management remains a complex issue depending on the state and the property’s value.
5. Beneficiaries of Waqf
The primary goal is to serve the community. Waqf properties support schools, hospitals, orphanages, and mosques. Some also generate income through rent and are used for public good without violating religious intentions.
6. Legal Instruments
Most waqf declarations are documented in the form of a deed. But even unwritten waqfs have been accepted—based on circumstantial and oral evidence—making it a unique area of legal debate. That’s part of why the amendment stirred controversy.
7. In India, It’s a Big Deal
India is home to one of the largest portfolios of waqf properties in the world. According to government estimates, there are over 6 lakh registered waqf properties across the country. The management of these assets has long been under scrutiny due to allegations of encroachment and mismanagement.
8. Not Just Religious
Though usually associated with religious functions, waqf can support any charitable cause. This includes education, welfare of the poor, or urban development projects—provided they don’t contradict Islamic belief systems or the original donor’s intention.
What Exactly Does the Amendment Say?
The Waqf (Amendment) Act, 2025, was designed to reform how waqf properties are declared and managed. Among other additions, it contained provisions that:
- Gave district collectors the initial authority to decide ownership disputes around waqf properties.
- Added a clause that restricted waqf donors to Muslims practicing Islam for over five years.
- Mandated tighter compliance mechanisms for property registration and record updates.
The central government argued that these new clauses would help clean up property disputes and prevent misuse. Critics, though, saw them as overreach—limiting community rights and opening doors for potential misuse of administrative power.
Which Section Was Scrutinized?
Two main parts of the amendment faced backlash and suspension:
- Section 40A: Gave district magistrates the power to assess if a disputed property claimed as waqf was actually government land. This section is now on hold.
- Section 3(aa): This added qualification criteria that limited waqf declarations to practising Muslims with five years of observance. This part also stands suspended.
Legal critics said that section 40A gave too much unchecked authority to government officials. In court, the petitioner argued that it compromised judicial review and due process. The bench agreed—at least partly—and rolled it back until further deliberation.
Why Did the Supreme Court Step In?
A bench led by Chief Justice D.Y. Chandrachud said that certain provisions “raise serious constitutional concerns,” especially in light of religious freedom and property rights.
“Granting summary rights to administrative officers to determine religious property status could erode the sanctity and independence of religious institutions,” an internal court note reportedly stated.
They stopped short of freezing the entire Act, choosing instead to suspend only the parts that may clash with Articles 14 (equality before the law) and 25 (freedom of religion) of the Constitution.
Who Is Challenging the Law?
Several Muslim organisations and public interest petitioners moved court, flagging concerns about erosion of religious rights. They emphasized how the amendment could discourage waqf declarations and expose properties to wrongful acquisition or encroachment.
I think what struck a nerve for many was the feeling that religious intent was being filtered through bureaucratic interpretations. You might agree—that’s a slippery slope.
What Happens Now?
The case is still under deliberation. Meanwhile, the government has been asked to file its response. The larger debate on the nature of waqf, its administration, and its constitutional protection is far from over.
Community Reactions
Some communities welcomed the review, feeling heard after weeks of campaign and debate. Others fear this might not go far enough.
- Religious boards called the suspension a “partial but welcome step.”
- Legal experts are watching closely, expecting further constitutional interpretation.
- Some political groups are using the issue to rally support ahead of state elections.
For now, the larger legal and community conversation around waqf, fairness in land records, and religious freedom will continue.
Looking Ahead
This decision is not a full stop—it’s more like a comma. Whether the rest of the amendment stands or falls will ultimately depend on constitutional interpretation, public reaction, and how lawmakers respond.
