Muslim bodies call waqf decision ‘victory’ of Constitution’s spirit

Leading Muslim bodies have “cautiously” welcomed the Supreme Court’s decision to pause three key provisions in the Waqf (Amendment) Act until the petitions challenging the constitutionality of the Act are decided.

“The interim relief provided by the court has turned our hope into belief that justice is still alive in our country. The Jamiat Ulama-i-Hind will continue its legal and democratic struggle till the black law is repealed,” Arshad Madani, president of Jamiat Ulama-i-Hind said.

Mr. Madani said the amended waqf law is a “direct attack on the Constitution” which grants “the right to equality and the freedom to practice any religion”, adding that the interim relief is “a victory of the spirit of the Constitution.”

The All India Muslim Personal Law Board’s (AIMPLB) spokesman Syed Qasim Rasool Ilyas told the media that though some of the major contentions of the petitioners have been accepted “to a large extent” by the court, the board will continue with its ‘Save Waqf’ campaign.

“The Supreme Court’s interim order has provided relief on protection of property rights. Waqf properties cannot be dispossessed or altered in official records until a final decision is delivered. The court has stayed the operation of Section 3C of the Act and clarified that a government officer cannot have the unilateral authority to decide who is eligible to create a waqf,” Mr. Ilyas said.

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He said the court addressed the “grave concerns of external interference in religious management” and has directed that the Central Waqf Council shall not consist of more than four non-Muslim members (out of 22). “The court has stayed the arbitrary requirement that a person must show or demonstrate that they have been ‘professing Islam for at least five years’ to create a waqf,” he said.

The AIMPLB spokesman, however, expressed dissatisfaction that the court did not do away with the entire amendment. “The board maintains that the entire amendment is a deliberate move to weaken and seize waqf properties. We seek the complete repeal of the Waqf (Amendment) Act 2025 and the restoration of the earlier Waqf Act. The refusal to stay the entire Act leaves numerous other harmful provisions in operation, including the prospective de-recognition of ‘waqf by user’ and the mandatory requirement of a waqf deed, which goes against the established tenets of Islamic law,” he said.

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Navaid Hamid, the working president of All India Majlis-e-Mushawarat, the umbrella body of Muslim organisations, said the judgment is a “reminder to the BJP allies, the TDP and JD(U) that supporting the BJP’s unconstitutional moves will bring embarrassment to their politics of convenience.”

He welcomed that the waqf tribunal, not the collector, will decide the status of a waqf property and also expressed satisfaction that the “Waqf Board’s CEO will continue to be a Muslim”.