New Delhi, September 15: The Supreme Court has stayed some provisions of the Waqf (Amendment) Act 2025, while refusing to stay certain provisions.
The bench headed by Chief Justice BR Gavai has also stayed the implementation of the condition of following Islam for 5 years for Waqf in an interim order.
The Supreme Court has said in its interim order that the possession of government land will continue. This decision has given some relief to the petitioners. However, the court has refused to stay the provision of nomination of non-Muslim members in the Waqf Board.
The petitioners argue in the court that the Waqf law discriminates against Muslims and interferes in their religious matters, but the government says that the government has brought this law to remove the flaws of the hundreds of years old Waqf law. This law has been passed after extensive deliberations and discussions in the House.
The Supreme Court had reserved its decision on this matter on May 22. During the hearing, Solicitor General Tushar Mehta on behalf of the Central Government argued on the provision of 5 years of practicing Muslim to do Waqf in the Waqf (Amendment) Act 2025 and said that in Muslim Personal Law, one has to prove oneself a Muslim for marriage, divorce, will etc. The only difference in this law is that a time limit of at least five years has been set in it. The condition of practicing Islam for 5 years has been kept for doing Waqf.
In support of the Waqf Amendment Act, senior advocate Rakesh Dwivedi on behalf of the Rajasthan government said that Waqf by user is not the main part of Islam.
During the hearing, lawyer Kapil Sibal had said that making non-Muslims members in Waqf Councils is not secularism. He had said that our objection is also that not a single person is non-Hindu in the endowment of any Hindu religious place.
On April 17, the Central Government had said in the Supreme Court that the controversial provisions of the Waqf Amendment Act will not be implemented for now. After today’s decision, the controversial provisions of the Waqf (Amendment) Act 2025 will also be implemented.