Waqf Islamic concept but not essential to Islam

Nobody has right over public land by using waqf by user principle: Govt to apex court

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THE Centre on 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.

Mehta said the "waqf by user" concept did not permit "wholesale takeover of waqf properties" by the state as alleged.