Supreme Court’s Interim Ruling on Waqf (Amendment) Act Sparks Mixed Reactions
The Supreme Court of India recently issued an interim order regarding the Waqf (Amendment) Act, 2025, which has ignited a wave of responses from political leaders and Muslim organizations across the country. While many welcomed the partial relief granted by the court, they emphasized that their ultimate goal remains the complete annulment of the law.
Background of the Waqf (Amendment) Act
The Waqf (Amendment) Act, passed by Parliament in April 2025 and subsequently signed into law by the President, aims to enhance transparency in the management of waqf properties-land and assets dedicated for religious or charitable purposes in Islam. However, critics argue that the law infringes upon religious autonomy and constitutional rights, particularly concerning the governance of waqf properties.
Key Provisions and Court’s Interim Order
The Supreme Court’s ruling, delivered by Chief Justice BR Gavai and Justice Augustine George Masih, addressed several contentious provisions of the Act. Notably, the court stayed the clause requiring individuals to be practicing Muslims for at least five years to establish a waqf. The justices highlighted the absence of a verification mechanism for this requirement.
Additionally, the court halted provisions that granted Collectors the authority to determine whether waqf properties encroached on government land and to modify revenue records. The bench asserted that executive officers should not be assigned judicial functions. Furthermore, the court ruled that the number of non-Muslim members on State Waqf Boards should not exceed three, while the Central Waqf Council should have no more than four non-Muslim members.
Despite these measures, the court declined to suspend the Act entirely, maintaining the presumption of its constitutionality. It also upheld the provision allowing a non-Muslim to serve as the CEO of a waqf board, although it recommended that a Muslim be appointed whenever possible.
Reactions from Muslim Leaders
The interim ruling has elicited a range of responses from Muslim leaders and organizations, many of whom view the decision as a step in the right direction but insufficient in addressing their broader concerns.
Asaduddin Owaisi’s Perspective
AIMIM president Asaduddin Owaisi characterized the ruling as “a positive step” but expressed dissatisfaction with the continued presence of non-Muslim members in waqf governance. He stated, “The five-year condition and the ban on the arbitrary power of the collector brought relief to the Muslim community. But the appointment of non-Muslim members is still a matter of concern. Our fight will continue, as this law violates religious freedom.”
AIMPLB’s Position
The All India Muslim Personal Law Board (AIMPLB), one of the petitioners in the case, echoed similar sentiments. Spokesperson Syed Qasim Rasool Ilyas remarked, “We had hoped that the court would stay the controversial provisions, and that is what happened. This is a relief, but our fight will continue. Waqf is Allah’s property; interference in it is not tolerated.” Maulana Khalid Rasheed Firangi Mahali, another AIMPLB member, described the ruling as “substantial” but reiterated the demand for a complete stay on the law.
Broader Political Reactions
Congress MP Imran Pratapgarhi expressed gratitude to the Supreme Court for addressing key issues raised in their petition. However, he noted that limiting the number of non-Muslim members did not resolve the overarching problem, stating, “Our fight will continue. This law is a violation of constitutional rights.”
Jamiat Ulema-e-Hind president Maulana Mahmood Madani acknowledged that the order addressed concerns about executive overreach but maintained that their opposition to the law would persist. He emphasized, “The provision of non-Muslim members is interference in Muslim affairs. Our fight will continue in the Supreme Court so that the sanctity of the waqf is maintained.”
AAP MLA Amanatullah Khan expressed his appreciation for the court’s decision, stating that it protected the rights of Muslims. He characterized the Act as an “attack on the rights of Muslims” and affirmed that the legal struggle would continue.
Implications for Waqf Properties
The Supreme Court’s ruling is expected to have significant implications for the management of waqf properties across India. Maulana Shahabuddin Razvi Barelvi, president of the All India Muslim Jamaat, noted that the ruling could facilitate the recovery of illegally occupied waqf lands, which could then be utilized for educational and healthcare purposes.
The Road Ahead
The matter is set to be reviewed by a larger bench of the Supreme Court, which will delve deeper into the constitutional validity of the contested provisions. This upcoming examination will be crucial in determining the future of the Waqf (Amendment) Act and its impact on the Muslim community in India.
Conclusion
The Supreme Court’s interim order on the Waqf (Amendment) Act has sparked a complex dialogue among political leaders and Muslim organizations, highlighting the ongoing struggle for religious autonomy and constitutional rights. While the court’s decision has provided some relief, the overarching concerns regarding the law’s implications remain unresolved. As the case moves forward, it will be essential to monitor how these developments unfold and their potential impact on the governance of waqf properties in India.
