New Delhi, May 21, 2025 — The Central Government on Tuesday informed the Supreme Court that waqf is not an essential religious practice of Islam, as it defended the Waqf Amendment Act 2025 against multiple constitutional challenges. The government argued that the practice of waqf falls within secular, administrative domains and should not be conflated with religious freedom protected under Articles 25 and 26 of the Indian Constitution.
The Union Ministry of Law and Justice made the submission during a key hearing on a batch of petitions seeking a stay on the enforcement of the 2025 amendments to the Waqf Act. The — Waqf Not An Essential Practice Of Islam, Supreme Court, Waqf Amendment Act — encapsulates the contentious theme at the heart of the legal battle.
Government’s Stand: “Waqf Not Central to Islamic Faith”
In a detailed affidavit filed before the apex court, the Centre emphasized that while waqf (an Islamic charitable endowment) has historic significance, it is not indispensable to the practice of Islam. Therefore, it cannot enjoy absolute protection under religious freedom clauses.
The affidavit stated:
“The practice of waqf involves the management of property and is primarily secular in nature… it does not form a core tenet of the Islamic faith and hence cannot be deemed essential for the religion.”
The government further asserted that the 2025 amendments were introduced to bring transparency, accountability, and legal uniformity in the administration of waqf properties across the country.
Read More Also: Waqf Bill: A Complete Overview of Its Purpose, Provisions, and Impact
Source: DNA
What the Waqf Amendment Act 2025 Brings
The Waqf Amendment Act 2025 has introduced a series of new provisions that have sparked controversy and political debate. Here are the major changes:
- Registration Deadline: All waqf properties must be registered by April 8, 2025. Those not registered — especially “waqf by user” properties based on customary usage — will not be legally recognized.
- Inclusion of Non-Muslims in Waqf Boards: The Act permits non-Muslim representation in both Central and State Waqf Boards, a first in Indian legislative history.
- Digitization of Records: Establishment of the Waqf Asset Management System of India (WAMSI) to create a centralized, transparent database of waqf assets.
- Application of Limitation Act: The amendment explicitly brings waqf-related legal actions under the Limitation Act, 1963, which could impact disputes on encroached waqf lands.
Petitions Opposing the Act
Several petitions have been filed against the Act, led by Muslim organizations, civil rights activists, and state waqf boards. They argue that the new law:
- Infringes upon religious freedoms guaranteed under the Constitution.
- Dilutes the autonomy of waqf institutions.
- Facilitates alienation and loss of community-held land.
- Undermines the principle of religious denomination management, especially with the inclusion of non-Muslim board members.
Community Response and Protests
The Muslim community has expressed widespread concern over the new legal changes. Protests have been reported in states like Uttar Pradesh, Kerala, and West Bengal. Religious leaders have condemned the government’s claim that waqf is not essential to Islam, calling it a deliberate misinterpretation.
A joint statement by various Muslim clerics and community groups said:
“Waqf is deeply rooted in Islamic history and jurisprudence. By saying it’s not essential, the state is undermining religious freedom and targeting minority institutions.”
Live Updates: Singhvi Challenges Govt’s Claim of 116% Surge in Waqfs During Amendment Act Hearing
Supreme Court’s Response: Balanced Yet Observant
During the hearing, the Supreme Court bench, led by Chief Justice D.Y. Chandrachud, noted that the issue was “legally complex and constitutionally sensitive.” The court has not yet granted a stay on the implementation of the amendments but indicated that the matter will be heard in detail in early June.
The Court asked for more data from the Centre regarding:
- The historical evolution of waqf in Indian Islamic tradition.
- Precedents on “essential religious practices.”
- Possible conflicts with constitutional rights.
Legal Experts Weigh In
Legal analysts believe that this case could set a precedent for how “essential religious practices” are interpreted in Indian law.
Professor Faizan Mustafa, a constitutional expert, remarked:
“The Waqf Amendment Act 2025 is a bold assertion of state power over religious property. If the court upholds it, the judgment could open up reinterpretation of how India views religious autonomy versus state regulation.”
Political Reactions Across the Spectrum
Political parties have reacted strongly to the Supreme Court proceedings.
- BJP leaders have called the Act “a much-needed reform” and “step toward transparency.”
- Congress and other opposition parties have accused the government of suppressing minority rights and polarizing governance.
- AIMIM chief Asaduddin Owaisi slammed the Centre’s affidavit, saying it was a “betrayal of constitutional guarantees to Muslims.”
What Happens Next?
The Supreme Court has reserved interim relief and listed the matter for further hearing on June 15, 2025. Until then, the status of waqf properties, pending registrations, and board appointments will continue under the framework of the amended Act.
The final judgment will have wide-reaching consequences not just for the Muslim community, but also for religious governance in India, property rights, and minority protection laws.
Supreme Court to Resume Hearing in June
The court has listed the matter for final arguments starting June 15, 2025. Until then, the amended Act remains in force, though the implementation may face practical hurdles amidst legal uncertainty and community resistance.
As the debate continues, one thing is clear: this case could be a landmark in the evolution of India’s secular jurisprudence.
Legal Stakes: More Than Property
Constitutional scholars warn that the implications of the case go beyond just waqf administration.
Dr. Arvind Raghunathan, a senior legal academic, told this reporter:
“This is about defining what is and isn’t essential in a religion—something courts have historically struggled with. A ruling here could influence how we adjudicate the status of religious practices in India.”
Ground-Level Reactions
News of the Centre’s submission triggered protests in several states with sizable Muslim populations. In Lucknow and Hyderabad, demonstrators gathered outside local waqf boards, chanting slogans against the “politicization of religious property.”
In interviews, community leaders called the government’s position “legally unsound and communally insensitive.” Many clerics argued that while waqf may involve property, its religious and charitable nature is inseparable from Islamic teachings.
Maulana Imran Rashidi, a senior cleric from Uttar Pradesh, said:
“You cannot separate waqf from Islam. It’s like saying prayer is not religious because it uses physical movements.”