On May 21, 2025, the Indian government informed the Supreme Court that while waqf is an Islamic concept, it does not constitute an essential religious practice in Islam. This statement was made during hearings challenging the constitutional validity of the Waqf (Amendment) Act, 2025. (@EconomicTimes, The Times of India)
Representing the Centre, Solicitor General Tushar Mehta argued that waqf is essentially a form of charity, a concept recognized across various religions, and thus cannot be deemed a fundamental religious tenet exclusive to Islam. (OpIndia)
The Centre’s stance is pivotal in defending the amendments introduced in the Waqf (Amendment) Act, 2025, which have faced criticism for potentially infringing upon minority rights. One significant change includes the removal of the “waqf by user” provision, which previously allowed properties used for religious or charitable purposes by Muslims over time to be recognized as waqf. (The Times of India, Wikipedia)
During the proceedings, senior advocate Kapil Sibal, representing the petitioners, contended that waqf represents a permanent and irrevocable dedication to God, emphasizing its spiritual significance. In response, Chief Justice BR Gavai drew a parallel to the Hindu concept of moksha, suggesting a broader interpretation of spiritual dedication across religions. (The Times of India)
The Supreme Court has reserved its judgment on the matter after three days of hearings. The outcome is anticipated to have far-reaching implications on the management and regulation of waqf properties in India. (Navbharat Times, The Times of India)
