The Supreme Court of India recently delivered an interim order on the controversial Waqf (Amendment) Act, 2025. While many expected relief from the most contentious provisions, the Court has only granted partial stay, leaving several problematic sections of the waqf law untouched. This has triggered debate about constitutional rights, religious freedom, and community trust.
⚖️ What Did the SC Stay?
The SC has temporarily stayed:
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The “five-years practicing Islam” requirement: The new law mandated that a person must have practiced Islam for at least five years before dedicating property as waqf. The Court suspended this provision until the government frames clear rules to define and verify the condition.
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Automatic changes in property status under Section 3C: The SC restrained provisions that allowed waqf property to be removed from records before a designated officer’s inquiry/report was completed.
These stays protect some rights, but many crucial aspects of the amended waqf law remain active.
❌ Problematic Provisions Still in Force
1. Application of Limitation Act
The amended waqf law now makes Waqf Boards subject to limitation periods for filing cases against encroachments. Critics argue this will make it harder to reclaim waqf properties that have been encroached upon for decades.
2. Ban on Non-Muslims Creating Waqfs
Earlier, even non-Muslims could dedicate property to a waqf. The new amendment bars this, raising concerns of discrimination and violation of equality before law.
3. Changes in Waqf Board Composition
The amendment allows non-Muslims in large numbers to be appointed to State Waqf Boards and the Central Waqf Council. Petitioners argue this undermines the religious character of waqf institutions.
4. Abolition of “Waqf by User”
The concept of “waqf by usage” has been removed unless the waqf was registered earlier. This endangers properties that have been treated as waqf for centuries without formal documentation.
5. Restrictions in Tribal Areas
The law also imposes restrictions on Muslims from Scheduled Tribes in Fifth and Sixth Schedule areas from creating waqfs. This is being seen as a violation of tribal rights and minority freedoms.
🔍 Why This Matters
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Religious freedom: Articles 25 and 26 of the Constitution protect religious practices, and the new waqf law may infringe upon these rights.
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Property rights: Deletion of “waqf by user” could strip legal status from thousands of properties.
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Equality concerns: Restricting waqf creation only to Muslims and altering board compositions raises questions about discrimination.
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Community trust: Many Muslims fear the waqf law is an indirect attempt to weaken the community’s control over its religious endowments.
📌 What Happens Next?
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The SC will continue to hear petitions challenging the constitutional validity of the waqf law.
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More interim directions could be issued if petitioners prove immediate harm.
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A final verdict will decide whether the contentious provisions survive judicial scrutiny.
✅ FAQs on Waqf Law and SC Order
Q1. What is waqf law?
A waqf law governs properties dedicated for religious or charitable purposes under Islamic tradition, ensuring their protection and management through Waqf Boards.
Q2. Did the SC strike down the waqf law?
No. The SC has only stayed certain provisions like the 5-year Islam requirement and automatic property status changes. Most provisions remain in force.
Q3. Why is the “waqf by user” abolition controversial?
Because many properties were historically treated as waqf by community usage without formal deeds. Abolishing it risks loss of community assets.
Q4. Can non-Muslims dedicate property under the new waqf law?
No. The amended law bars non-Muslims from creating waqfs, unlike earlier provisions.
Q5. What is the biggest concern for waqf boards right now?
The application of the Limitation Act, which could prevent boards from reclaiming long-encroached properties.
🌐 External Reference
For a detailed explainer, read: Indian Express – SC interim order on amended Waqf Act
