SC declines to stay Waqf Act but halts key clauses

The Supreme Court on Monday refused to suspend the Waqf (Amendment) Act, 2025, in its entirety but put on hold some contentious provisions pending further judicial scrutiny, marking an important development in the ongoing debate around the regulation of Islamic charitable endowments.

- Utkarsh Anand

Among those suspended are the provisions empowering collectors to unilaterally determine whether a property claimed as waqf belongs to the government, and the stipulation that only a lawful property owner who has been practising Islam for at least five years may create waqf through a formal deed. The court clarified that the requirement of being a practising Muslim for five years would take effect only after Centre and state governments frame rules for determining such adherence.

"We welcome the Supreme Court's order. Some people unnecessarily opposed the act in the top court . You cannot challenge the authority of Parliament, you can challenge certain provisions of the law, and the SC has affirmed," minority affairs minister Kiren Rijiju said.

While the bench comprising Chief Justice of India Bhushan R Gavai and justice AG Masih upheld the presumption of constitutionality attached to the legislation, it said adopting the law in full, without safeguards, could lead to "serious consequences" for property rights.

At the same time, the top court allowed several other provisions of the amended law, including the provisions that derecognised the concept of waqf-by-user (where a property is acknowledged as waqf because it has been used for religious activities for some time, despite there being no official declaration or registration) and prohibited protected monuments or areas to be declared as waqf, to operate. It also held that the mandatory registration of waqf properties on a central digital portal cannot not be interfered with, noting that it would promote transparency and efficiency, besides being a requirement under the pertinent laws since 1923. Similarly, the bench also affirmed the applicability of the Limitation Act, providing for statutory time limit to contest civil cases, over waqf properties.