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Waqf law 2025: SC puts on hold collector's powers, 5-year Muslim clause, waqf-by-user

Millennium Post Kolkata

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Kolkata 16September2025

The Supreme Court on Monday put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create Waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.

- MPOST BUREAU

"Presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases," a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its 128-page interim order on the contentious issue.

The bench said: "We do not find that any case is made to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected."

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