The Supreme Court of India has suspended key provisions of a new and controversial law, the Waqf (Amendment) Act 2025, which changes the ownership and management of properties donated by Muslims. The law has been criticized by opposition parties for allegedly violating the Muslim community’s right to manage its religious endowments, such as schools and mosques. The Modi government, however, asserts that the law will enhance transparency in property management.
In Islamic tradition, a waqf is a charitable or religious donation made for the community’s benefit. These properties, sometimes valued at billions of dollars, are crucial for India’s 200 million Muslims, as they are used for mosques, madrasas, graveyards, and orphanages and cannot be sold for other purposes.
Controversial Clauses and the Court’s Ruling Historically, these properties were governed by the Waqf Act, 1995, which required the formation of state-level waqf boards to manage them. In April of this year, the ruling Bharatiya Janata Party-led government amended the act, sparking criticism from the Muslim community due to new changes in how waqf properties are determined and managed.
On Monday, a Supreme Court bench led by Chief Justice B.R. Gavai and Justice A.G. Masih declined to strike down the entire law but halted some of its controversial provisions. The court suspended a provision that allowed the government to decide whether a disputed property is waqf or not. Under the new law, waqf boards were required to provide valid documents to claim a property, with the final decision resting with the government in case of disputes. The court struck down this rule, stating that allowing the government to determine the rights of a citizen would violate the constitutional principle of separation of powers between the executive and the judiciary.
Another contentious provision that was scrapped was a clause that required a waqf donor to be a practicing Muslim for at least five years. While the judges did not stay the provision that allows for the nomination of non-Muslims to the waqf board, they limited their number to four in the 22-member federal board and three in the 11-member state boards. The court also recommended that efforts be made to appoint the chief executive officer of the board from the Muslim community.
