Growing Opposition to the Waqf (Amendment) Act, 2025
At least three petitions have been scheduled for hearing, including those filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader and Lok Sabha MP Asaduddin Owaisi, Jamiat Ulama-i-Hind president Maulana Arshad Madani, and the Kerala-based Samantha Kerala Jam’eyyat ul-Ulama. In response, the Union government has filed caveats in two of these cases to ensure that no interim orders are passed without its side being heard.
Key Features of the Waqf (Amendment) Act, 2025
The Waqf (Amendment) Act, 2025, which received presidential assent on April 5 and was notified on April 7, introduces significant changes to the governance and recognition of Islamic charitable endowments, or waqfs. The law aims to curb corruption, improve transparency, and ensure better regulatory oversight in waqf administration. However, its provisions have sparked strong opposition from political parties, religious groups, and civil society organizations.
Critics of the law argue that it infringes on religious autonomy and imposes unconstitutional restrictions on the Muslim community. Among the most contested changes are the removal of the “waqf by user” principle, which historically allowed recognition of religious endowments created through oral tradition or usage, and the invalidation of oral waqfs unless they are formalized with written deeds. Opponents argue that these changes threaten the status of mosques, graveyards, and dargahs that have been in existence for centuries without written documentation.
The Legal Challenges
The petitions, filed under Article 32 of the Constitution, challenge the law on multiple grounds, asserting that it violates the fundamental rights of Muslims and undermines long-established waqf practices. Petitioners argue that the amendments endanger the religious and cultural heritage of the Muslim community and could result in the displacement or de-recognition of numerous waqf institutions.
While the law applies prospectively, it also impacts existing disputes with the government, further intensifying concerns among the petitioners.
As the legal battle over the Waqf (Amendment) Act continues, all eyes will be on the Supreme Court’s hearing, which could have far-reaching implications for the governance of religious endowments in India.
(This story is published from a syndicated feed)