India’s Supreme Court has suspended Controversial Change the new law on how to change characteristic The country donated by Muslims is owned and managed by the country.
The WAQF (Amendment) Act 2025 has been criticized by opposition parties and has been questioned for violating the rights of Muslim communities to manage their own religious donations, which are often used as schools or mosques, while the Modi government claims that this will make the property more transparent. BBC News Report.
In the Islamic tradition, WAQF is a charitable or religious donation that Muslims donate to community beneficiaries.
This property (sometimes worth billions of dollars) is important to 200 million Muslims in India because they are used in mosques, Madrasas, cemeteries and orphanages – and cannot be sold for any other purpose.
Non-Muslim Commissions allowed
Historically, these properties have been governed by the WAQF Act of 1995, which stipulates the formation of a national WAQF board. But in April this year, the government led by the ruling Bharatiya Janata party revised the bill, including changing the way WAQF property is determined and managed, which has sparked criticism from the community.
On Monday, the SC chair, composed of Indian Chief Justice BR Gavai and AG Masih, refused to veto the entire law, saying that “granting accommodation is only the rarest category”.
Disputed terms
However, it did stop a controversial provision that would allow the government to decide whether the disputed property is a WAQF.
Many property donated through declarations or community customs have been legalized as WAQF property due to the continuous use of Muslim communities over the years. But under the new law, the WAQF board must provide valid documents to require the property to be WAQF. If a dispute arises, the final decision depends on the government.
The court rejected the rule, saying that allowing the government to determine civil rights would object to the separation of power between executives and judiciary under the constitution.
Another controversial provision to be abandoned is a clause requiring WAQF donors to be Muslims for at least five years.
WAQF properties are currently managed by state-level committees and central committees, and are managed by state governments, Muslim MPs, state lawyers committees, Islamic scholars and nominees for these property managers.
While the judges refused to retain a provision that allowed the nomination of non-Muslim committees, they limited the number of non-Muslim members to four on the federal board in February and four on the state board in November.
The court also said: “Efforts should be made to appoint the CEO of the Board from the Muslim community.”
The case arrived at the Supreme Court in early April shortly after the parliament passed widespread criticism.
Published on September 16, 2025
