The Waqf (Amendment) Act, 2025, aimed at regulating Islamic philanthropic endowments, has sparked legal debate. The Supreme Court issued an extensive 128-page interim order addressing challenges to most of its provisions. While a few sections were stayed, the Court upheld the majority, raising concerns about religious freedom, property rights, and state powers.
Background of Waqf and Its Legal Framework
Waqf is an Islamic philanthropic institution involving the dedication of property for religious or charitable purposes. Though the Quran does not explicitly mention waqf, it encourages charitable spending. Historically, the Prophet Muhammad established waqfs, often in the form of date palm gardens. Indian law has recognised waqfs through various statutes, with the 2025 amendment seeking to modernise and regulate these endowments.
Key Provisions Challenged in the Supreme Court
The amendment introduced new definitions and regulatory powers, including Section 3(r), which defines a practising Muslim for waqf eligibility. The Court stayed this section temporarily due to concerns over executive officials adjudicating religious identity. Other contested provisions involved ownership rights, registration deadlines, and the abolition of waqf by user — a practice where continuous use creates waqf status.
Religious Identity and State Control
Section 3(r) empowers officials to determine if a person is a practising Muslim. This raises fears of state interference in religious matters. The Court’s interpretation of practising Islam could lead to moral policing, potentially excluding Muslims who do not strictly observe religious duties. Critics argue this conflicts with secularism and individual religious freedom.
Property Rights and Non-Muslim Participation
The Act restricts non-Muslims from creating waqfs, despite allowing their membership on Waqf Boards. Courts have historically upheld non-Muslim rights to create waqfs for secular purposes. Denying this right infringes on property ownership freedoms. The Court rejected challenges to this restriction, stating alternatives like trusts exist, though waqfs differ from trusts in nature and permanence.
Impact on Waqf by User and Registration Rules
The abolition of waqf by user was upheld, citing concerns about encroachment on government lands. The Court also refused to extend the six-month registration period, frustrating petitioners. These decisions limit traditional waqf practices and impose strict procedural controls, potentially affecting long-established philanthropic activities.
Separation of Powers and Executive Authority
The Court found that allowing executive officers to determine property titles violates the separation of powers and stayed this provision. This preserves judicial authority in property disputes related to waqfs. However, the overall acceptance of most provisions signals limited judicial intervention in legislative reforms.
Representation and Religious Diversity
The Act fixes quotas for non-Muslim members on the Central Waqf Council and Boards. While this promotes diversity, it conflicts with Article 26 of the Constitution, which grants religious denominations exclusive rights to manage their properties. Similar restrictions apply to other minority religious groups, denoting complex interplays between religious rights and state regulation.
Future Implications for Religious Endowments
The Waqf Act, 2025, marks step in regulating religious philanthropy but leaves unresolved tensions. The Court’s interim order allows implementation with minor changes while broader constitutional questions remain. The possibility of a unified law for all religious endowments, potentially advancing the Uniform Civil Code debate, is yet to be explored.
Questions for UPSC:
- Critically discuss the constitutional challenges involved in regulating religious endowments like waqfs in India.
- Analyse the implications of state interference in religious identity determination on secularism and individual rights in India.
- Examine the concept of property rights in the context of religious philanthropy and how they intersect with constitutional freedoms.
- Estimate the potential impact of a Uniform Civil Code on the management of religious endowments and minority rights in India.
