The Supreme Court of India continued hearing several petitions on 16th April 2025 that have challenged the Waqf (Amendment) Act, 2025, and the court has decided to continue with the hearing on 17th April 2025 also at 2 PM.
The Issue and Its Significance for Muslims and India’s Future
The Waqf (Amendment) Act, 2025, which has been enacted recently by the Indian Parliament, has provoked intense debate among all sections of society and raised concerns, particularly among the Muslim community. The Waqf (Amendment) Act, 2025 brings substantial changes to the management of waqf properties—charitable endowments under Islamic law—including the elimination of the provision, ‘waqf by user’, which allowed properties to be recognized as waqf based on their long-term use for religious or charitable purposes without formal documentation.
The Waqf (Amendment) Act, 2025 directs that only those individuals who have practiced Islam for at least five years can create a waqf, which effectively excludes new converts and non-Muslims from this religious practice. This provision implies that individuals who are recent converts to Islam would need to wait for five years before they can dedicate their property to a waqf. Non-Muslims, who by definition include those not practicing Islam, are also barred from making such dedications. Apart from the five-year practicing Muslim requirement, the Waqf (Amendment) Act, 2025 also makes clear that the individual dedicating the property must possess the ownership of such property.
These amendments have been considered by many as an interference in religious freedom and an attempt to weaken the autonomy of Muslim institutions. Owing to the fact that Muslims form approximately 14% of India’s population, the consequences of this Waqf (Amendment) Act, 2025 are profound, which could affect the community’s ability to administer its religious and charitable affairs independently.
The Court’s Observations
In response to petitions that challenged the constitutionality of the Waqf (Amendment) Act, 2025, the Supreme Court of India has raised very crucial questions about the practicalities and consequences of the new provisions. During hearings, the Court queried the practicality of demanding historical documentation for properties that have been in use for religious and charitable purposes for centuries, inquiring, “Are you asking for 3000-year-old sale deeds?
This rhetorical question emphasizes the Court’s apprehension over the impracticality of such demands and the capability of these provisions to disturb longstanding and established religious practices. The Court also expressed concern over the violence and unrest that have exploded in several parts of the country in reaction to the Act and described the situation as “disturbing.” The observations of the Court highlight the judiciary’s recognition of the far-reaching consequences of the Act and the necessity for the careful consideration of its effect on religious freedom and harmony in society.
The Larger Picture
The controversy surrounding the Waqf (Amendment) Act, 2025, must be examined in the wider context of India’s pledge to secularism and the protection of minority rights. Critics contend that the Act signifies a direct onslaught on the secular framework of the country by enforcing state control over religious endowments and restraining the autonomy of minority communities.
The move to include non-Muslims in waqf boards, while projected as a shift towards inclusivity, is perceived by many as a way of reducing the community’s control over its religious affairs. The need to provide documented proof of waqf properties threatens to deprive communities of lands that have been in use for religious purposes for generations, simply due to the lack of formal records. This condition leads to worries about the possibility of communal tensions and the loss of trust between the state and minority communities.
The Background
The Waqf (Amendment) Act, 2025, was introduced by the Bharatiya Janata Party-led government with the purported aim of increasing transparency and answerability in the management of waqf properties. The proponents of the Waqf (Amendment) Act, 2025 argue that reforms are essential to eliminate corruption and ensure that waqf assets are used efficiently for the welfare of the community.
However, the Waqf (Amendment) Act, 2025 has faced severe opposition from numerous quarters such as the All India Muslim Personal Law Board (AIMPLB) and political parties such as the Indian Union Muslim League (IUML). These groups apprehend that the Waqf (Amendment) Act, 2025 encroaches on the constitutional provisions that guarantee religious freedom and the right of communities to manage their own religious activities. The removal of the ‘waqf by user’ provision, especially, has been slammed for ignoring the historical and cultural importance of properties that have served religious functions for centuries with no formal documentation.
Comments by the Chief Justice
The remarks of the Chief Justice Sanjiv Khanna during the Supreme Court hearing on the Waqf (Amendment) Act, 2025, strike at the heart of a complicated and long-standing issue: the friction between religious convention and proper legal documentation. His reference to the Delhi High Court premises once being claimed as waqf land is not simply anecdotal—it is an affecting illustration of how far-reaching and contentious the issue has become.
The observation of the Chief Justice implicitly examines whether such practices can be sustained in a modern legal framework that requires transparent, documented ownership and land records. His comments indicate an attempt to balance two opposing interests: the safeguarding of legitimate waqf institutions, which have historically aided religious, educational, and charitable causes within the Muslim community, and the necessity to prevent vague or opportunistic land claims that could create legal uncertainty and communal friction. In doing so, the Court seems to be treading carefully, acknowledging the significance of waqf, while advocating for legal clarity and the avoidance of misuse.
This moment indicates a pressing need for legislative clarity and possibly even institutional reform, which includes an overhaul of land record systems and transparent dispute resolution mechanisms. Otherwise, the very credibility and integrity of the waqf system could come under strain, which will undermine both public trust and community welfare.
Conclusion
The scrutiny of the Waqf (Amendment) Act, 2025 by the Supreme Court brings to the forefront crucial issues related to religious freedom, minority rights, and the role of the state in religious affairs. The observations of the Supreme Court stress the need for a balanced approach that protects the autonomy of religious communities while ensuring transparency and accountability in the supervision of charitable endowments.
As India navigates its varied religious environment, it is imperative that legislative actions respect the historical and cultural context of minority communities and defend the constitutional values of secularism and diversity. The ongoing legal challenges and public discourse surrounding the Waqf (Amendment) Act 2025, serve as a tribute to the vitality of India’s democratic institutions and the significance of inclusive policymaking in a diverse society such as ours.
