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The All India Muslim Personal Law Board has expressed disappointment over the Supreme Court’s interim decision on the Waqf (Amendment) Act 2025. It has been described as incomplete and unsatisfactory. Board spokesperson Dr. S.Q.R. Ilyas said in a statement that the Supreme Court has stayed some provisions of the amendment. The Muslim community, Muslim Personal Law Board and citizens seeking justice expected a stay on all sections contrary to the fundamental provisions of the Constitution. Dr. Ilyas said, ‘Although the court has given partial relief, it has not addressed the broader constitutional concerns, which has disappointed us.’
No ban imposed at interim level – Board
He further said, ‘Many important provisions, which are superficially based on the understanding of the community. Are completely arbitrary. They have not been stayed at the interim level. The final decision is yet to come, but the way government officials work with prejudice. The Muslim community believes that the provisions which have not been stayed at this stage will be misused.’
The interim order of the Supreme Court has provided relief on the following aspects
1. Protection of property rights
The Court ruled that wakf properties cannot be evicted or altered in official records until a final decision is taken. It stayed the provision which required a report from a government official to validate wakf ownership, noting that executive authorities cannot adjudicate property rights of citizens.
2. Prevention of arbitrary powers
The Court has stayed the operation of Section 3C of the Act and clarified that a government official cannot have unilateral power to decide who is eligible to be a wakf. It has also stayed the provision which stated that a property shall not be considered a wakf during the investigation. The judgment directed that no wakf shall be evicted or any changes made in its records until the matter is fully settled by the Wakf Tribunal).
3. Powers of Wakf
The Court emphasised that in keeping with the doctrine of powers, the Revenue Officer cannot be entrusted with the task of determining ownership of a property.
4. Non-Muslim membership
Addressing serious concerns of external interference in religious management, the Court has directed that the Central Wakf Council will not have more than 4 non-Muslim members (out of 22). Similarly, the State Wakf Boards will not have more than 3 non-Muslim members (out of 11).
5. Requirement of practising Islam for 5 years
The Court has stayed the arbitrary requirement that a person must have ‘practised Islam for at least five years’ to constitute a Wakf. The stay will remain in effect until the Government makes rules for such determination.
Demand to restore old Wakf Act
However, the Board says that the entire amendment is a deliberate ploy to weaken and usurp Wakf properties. Therefore, the Board demands the complete repeal of the Waqf (Amendment) Act 2025 and restoration of the old Waqf Act. Refusal to stay the entire Act will result in many other harmful provisions remaining in force, including the potential derecognition of ‘waqf by user’ and the mandatory requirement of a waqf deed, which is against the established principles of Islamic law.
Waqf Bachao Abhiyan will continue
Dr Ilyas further announced that the Board’s Waqf Bachao Abhiyan will continue in full force. The second phase of the campaign, which will commence on 1 September 2025, includes dharnas, demonstrations, waqf marches, memoranda, arrests of leadership, round table meetings, Sarvadharma Sammelans and press conferences. The nationwide protest will culminate with a massive rally at Ramlila Maidan, Delhi on 16 November 2025, which will see participation from across the country.
Know what Madani said
Jamiat Ulema-e-Hind (JUH) president Maulana Mahmood Madani has also made a statement on this issue. Madani said, ‘The court’s comment regarding Waqf by User is worrying. The protection of our mosques and graveyards is not possible until the theoretical aspect of Waqf by User is accepted.’
