Waqf Islamic concept but not essential to Islam

Waaf by user is not a fundamental right. It is a creation of statute, and what the legislature creates, it can also take away

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NEW DELHI: The Centre defended the constitutional validity of the Waqf (Amendment) Act, 2025 before the Supreme Court on Wednesday, stating that while waqf is an Islamic concept, it does not constitute an essential religious practice under Islam. The arguments were presented by Solicitor General Tushar Mehta before a bench led by Chief Justice B.R. Gavai and Justice Augustine George Masih.

"Waqf is an Islamic concept. But it is not an essential part of Islam... Waqf is nothing but just charity in Islam," Mehta told the bench. He further noted that charity is a feature common to all religions and cannot be classified as a core tenet of any one faith.

The solicitor general was responding to petitions challenging the 2025 amendment, which among other things, abolished the concept of "waqf by user" for unregistered properties. The concept of "waqf by user" allows a property to be treated as waqf based on its prolonged use for religious or charitable purposes, even without formal registration.

Mehta clarified that this concept did not grant any permanent or fundamental right to claim public land. "Waqf by user is not a fundamental right. It is a creation of statute, and what the legislature creates, it can also take away," he told the court.

He argued that allowing unregistered waqf claims to persist would undermine the government's role as the trustee of public land. "The Centre is the custodian of properties on behalf of 140 crore citizens," Mehta stated. "Nobody has the right over government land."