Waqf Islamic concept but not essential to Islam: Centre to SC

A bench of the Supreme Court headed by Chief Justice BR Gavai is hearing the pleas challenging the new Waqf Act

- PRESS TRUST OF INDIA

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

Arguing before Chief Justice BR Gavai and Justice Augustine George Masih, Solicitor General Tushar Mehta said, "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," he said.

Earlier in the day, Mehta asserted nobody could claim right over public land by using waqf by user principle which was a statutory right and the law could take it away. "Waqf by user" refers to a concept where a property is recognised as waqf based on its long-term use for religious or charitable purposes, even without formal documentation.

Responding to the challenge against the validity of the 2025 law, Mehta argued the amended law dealt with the secular aspects of waqf and activities that were non-essential to Islam.