India’s Supreme Court has issued a stay on certain provisions of the Waqf (Amendment) Act 2025, a law aiming to reform the management of properties donated by Muslims, typically called waqf, which are valued in billions. However, the court did not annul the law in its entirety. The decision follows petitions from Muslim groups and opposition parties claiming the law violates the rights of the Muslim community.
The government contends that the reforms are intended to increase transparency in the management of waqf properties. In Islamic tradition, waqf refers to charitable donations for community benefit, and such properties are designated for specific purposes, which include mosques and orphanages. Traditionally, these properties were managed under the Waqf Act of 1995, which established state-level waqf boards.
The recent amendments came under scrutiny as they introduced significant changes regarding the classification and management of waqf properties. A notable provision that was stayed allows the government to determine the status of disputed waqf properties, a move criticized for overstepping the separation of powers between the executive and judiciary as mandated by the Indian Constitution.
Additionally, the court declared invalid a requirement for waqf donors to be practicing Muslims for a minimum of five years. The Waqf properties are currently administered by a mix of state boards and a central council, which includes government nominees and Islamic scholars. The ruling also limited the inclusion of non-Muslim members on these boards, maintaining a quota within both federal and state governance structures.
The case reached the Supreme Court shortly after the law was enacted, amid substantial opposition and criticism. The court’s decision followed hearings that took place over three consecutive days in May.
Source: https://www.bbc.com/news/articles/cgq4vx2l45no?at_medium=RSS&at_campaign=rss