Waqf not essential to Islam, Centre tells SC

The Centre on Wednesday defended the Waqf (Amendment) Act, 2025 in the Supreme Court and said that though waqf was an Islamic concept, it was not an essential part of Islam.

- Abraham Thomas

Solicitor general Tushar Mehta, appearing for the Centre, said that a stay on the controversial law will lead to "anomalies" and create a legal regime that gives a premium to unregistered waqf properties.

"Waqf is an Islamic concept. But it is not an essential part of Islam.. Waqf is nothing but just charity in Islam." "Charity is recognised in every religion, and it cannot be regarded as an essential tenet of any religion," Mehta said.

Earlier in the day, Mehta told a bench comprising Chief Justice of India BR Gavai and justice Augustine George Masih that nobody could claim a right over public land by the using waqf-by-user principle, where a property is recognised as waqf based on its long-term use for religious or charitable purposes even without formal documentation.

He said apprehensions that the new law will lead to "wholesale capture" of waqf properties were "wrong" and "misleading", and alleged that the petitioners suppressed provisions of the law and proceedings before the joint parliamentary committee (JPC) to present incomplete facts.

The bench, hearing the matter for the second consecutive day, told Mehta to explain the stand on section 3C that says an officer above the rank of collector can decide a dispute about whether a waqf property is on government land, leading to the property no longer being a waqf.

"A picture that was painted before us was that once the collector conducts an enquiry, property ceases to be waqf and after enquiry, the property will be taken away," the bench said.