Supreme court to Rule on Halt to Waqf Amendment Act 2025 on Monday
New Delhi: The Supreme Court is set to deliver its order on Monday regarding petitions seeking a stay on the implementation of the Waqf (Amendment) Act, 2025. The court will determine whether to defer the notification of the recently amended law, which has sparked widespread concern among Muslim organizations and opposition political figures.
The legal challenge centers on a series of provisions within the Act that petitioners argue undermine the autonomy and protection of Waqf properties – charitable endowments under Islamic law. Concerns include the inclusion of non-Muslim members in key Waqf governing bodies, restrictions on the creation of new Waqfs, and provisions allowing government intervention in dispute resolution regarding Waqf land. The outcome of the Supreme Court’s decision will directly impact the management and preservation of Waqf properties across India, affecting the Muslim community and potentially triggering broader legal ramifications concerning religious endowments.
A diverse coalition of petitioners has brought the case before the court, including Jamiat Ulema-i-Hind President Arshad Madani, Samastha Kerala Jamiatul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, TMC MP Mahua Moitra, Indian union Muslim League, all India Muslim Personal Law Board, RJD MP Manoj Kumar Jha, SP MP Zia ur Rehman, the communist Party of India, and the DMK.
Specifically, the petitions challenge the omission of the ‘waqf by user’ provision, the requirement of five years of practicing Islam to create a Waqf, the submission of the Limitation Act to the Waqf Act, provisions invalidating Waqfs created over Archaeological Survey of India (ASI) protected monuments, and limitations on women’s representation within Waqf governance structures. Petitioners also object to the renaming of the “Waqf Act, 1995” to “Unified Waqf management, Empowerment, Efficiency and Advancement,” and the allowance of appeals against orders issued by the Waqf Tribunal.
The case is registered as IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)|W.P.(C) No. 276/2025 and connected matters.The Supreme Court’s decision on Monday will determine the immediate future of the Waqf Amendment Act 2025 and its potential impact on religious endowments and community properties.
