India's top court has stayed key provisions of a controversial law that seeks to change how properties donated by Muslims and worth billions of dollars are governed, but refused to strike down the law entirely. The court was hearing petitions by Muslim groups and opposition parties against the Waqf (Amendment) Act 2025, enacted by parliament in April. The petitioners say the law infringes on the rights of the Muslim community. But the government argues it aims to make the management of Muslim properties, known as waqf, more transparent.
In Islam, waqf is a charitable or religious donation made by Muslims to mosques, madrassas or orphanages. Such properties cannot be sold or used for any other purpose. The properties were governed by the Waqf Act, 1995, which mandated the formation of state-level waqf boards to manage them.
The new law, introduced by the ruling Bharatiya Janata Party-led government, amended the act to add new provisions, including changes to how a waqf property is determined. On Monday, a bench of Chief Justice of India BR Gavai and Justice AG Masih refused to strike down the entire law, saying that 'the grant of stay is only in the rarest of rare category'. However, it halted a controversial provision that allowed the government to determine whether a disputed property is waqf or not.
Historically, many properties that were donated through oral declarations or community customs have been legitimized as waqf properties because of their continuous use by the Muslim community. Government data shows that of 872,852 waqf properties in India, at least 13,200 are entangled in legal battles, 58,889 have been encroached upon, and more than 436,000 have unclear status.
Under the new law, waqf boards were required to provide valid documents to claim a property as waqf. In case of disputes, the final decision rested with the government. The court held that allowing the government to determine the rights of a citizen is against the separation of powers mandated under the Indian constitution. A contentious provision that required a waqf donor to be a practicing Muslim for at least five years was also scrapped.
Currently, waqf properties are managed by state-level boards and a central council, which includes nominees from the state government, Muslim lawmakers, members of the state bar council, Islamic scholars, and the managers of these properties. While the judges refused to stay a provision that allows the nomination of non-Muslims to the waqf board, they limited the number of non-Muslim members to four in the 22-member federal board and to three in the 11-member state boards. The court also emphasized that efforts should be made to appoint the chief executive officer of the board from among the Muslim community.
This case reached the Supreme Court in early April, soon after the law was passed by parliament amid widespread criticism from Muslim groups and opposition parties. After three days of hearings, the court reserved its judgment on May 22.
In Islam, waqf is a charitable or religious donation made by Muslims to mosques, madrassas or orphanages. Such properties cannot be sold or used for any other purpose. The properties were governed by the Waqf Act, 1995, which mandated the formation of state-level waqf boards to manage them.
The new law, introduced by the ruling Bharatiya Janata Party-led government, amended the act to add new provisions, including changes to how a waqf property is determined. On Monday, a bench of Chief Justice of India BR Gavai and Justice AG Masih refused to strike down the entire law, saying that 'the grant of stay is only in the rarest of rare category'. However, it halted a controversial provision that allowed the government to determine whether a disputed property is waqf or not.
Historically, many properties that were donated through oral declarations or community customs have been legitimized as waqf properties because of their continuous use by the Muslim community. Government data shows that of 872,852 waqf properties in India, at least 13,200 are entangled in legal battles, 58,889 have been encroached upon, and more than 436,000 have unclear status.
Under the new law, waqf boards were required to provide valid documents to claim a property as waqf. In case of disputes, the final decision rested with the government. The court held that allowing the government to determine the rights of a citizen is against the separation of powers mandated under the Indian constitution. A contentious provision that required a waqf donor to be a practicing Muslim for at least five years was also scrapped.
Currently, waqf properties are managed by state-level boards and a central council, which includes nominees from the state government, Muslim lawmakers, members of the state bar council, Islamic scholars, and the managers of these properties. While the judges refused to stay a provision that allows the nomination of non-Muslims to the waqf board, they limited the number of non-Muslim members to four in the 22-member federal board and to three in the 11-member state boards. The court also emphasized that efforts should be made to appoint the chief executive officer of the board from among the Muslim community.
This case reached the Supreme Court in early April, soon after the law was passed by parliament amid widespread criticism from Muslim groups and opposition parties. After three days of hearings, the court reserved its judgment on May 22.
