Waqf Charity, Not Essential Islamic Practice: Centre Tells SC

The Central Government on Wednesday asserted before the Supreme Court that the concept of Waqf, though rooted in Islam, is not an essential religious practice and that Waqf Boards function purely in a secular administrative capacity.

Solicitor General Tushar Mehta, representing the Centre, told a bench comprising Chief Justice of India BR Gavai and Justice Augustine George Masih that “Waqf is an Islamic concept, but not an essential part of the religion. It is merely a form of charity, which exists in every religion.” He emphasised that charity, being a universal value, cannot be classified as a core tenet exclusive to any one faith.

Addressing concerns over the inclusion of non-Muslims in Waqf Boards, Mehta defended the move, stating that it was intended to promote diversity and ensure efficient secular administration. “The Board only manages properties, maintains records, and audits accounts — all of which are secular in nature,” he said. He added that the administration of religious properties must conform to legal norms, and having non-Muslim members would not infringe upon any religious practice.

The Solicitor General clarified that the recent amendments to the Waqf Act were introduced after consultations with all stakeholders and aimed at curbing mismanagement and misuse of Waqf assets. The changes were vetted and recommended by a Joint Parliamentary Committee following extensive nationwide deliberations.

Raising concerns about the misuse of the "Waqf-by-user" practice, Mehta pointed out that several government-owned properties were being wrongly claimed under this provision. He noted that while the abolition of Waqf-by-user is prospective, existing registered Waqf properties would remain unaffected. “Waqf-by-user was never a fundamental right,” he stressed, refuting allegations that the community’s rights were being taken away. “A false narrative is being pushed that Waqf is being snatched. This is misleading the country.”

He also explained that when a property’s Waqf status is challenged, only the Waqf character is removed — not possession or other associated rights. Mehta further highlighted that the 2025 amendments included safeguards to protect women’s inheritance rights in family endowments (Waqf-alal-aulad), ensuring female heirs receive their rightful share before properties are dedicated as Waqf.

The Supreme Court is currently hearing a batch of petitions challenging the Waqf (Amendment) Act, 2025. The petitioners argue that the law is discriminatory against the Muslim community and violates their fundamental rights under the Constitution.

Notably, six BJP-ruled states have also approached the court in support of the amendment. The Act, which received President Droupadi Murmu’s assent on April 5, was passed by Parliament after intense debates.

In its affidavit, the Centre urged the apex court not to stay any provision of the Act, arguing that constitutional courts typically do not stay statutory laws. The government maintained that the law pertains solely to the regulation of secular property management and does not infringe upon religious freedoms guaranteed under Articles 25 and 26 of the Constitution.

The Supreme Court is expected to continue hearing arguments on the interim stay of the law on Thursday.