The Supreme Court on Thursday (April 22) concluded hearing on a petition challenging the validity of the Waqf (Amendment) Act, 2025. The court reserved its verdict. In the three-day debate, the petitioners said that the law is against the rights of Muslims and sought an interim stay. While the central government strongly opposed it and said that the law is correct.
On Wednesday (May 21, 2025), the government argued that Waqf is an Islamic concept, but it is not an essential part of religion and therefore it is not a fundamental right. On this, Kapil Sibal said that Waqf is a dedication to Allah for the hereafter... Unlike other religions, Waqf is a gift to God.
Do you know what the Supreme Court said?
Although the court said that religious donations are not limited to Islam alone. Chief Justice B.R. Gavai said that there is salvation in Hinduism too. Charity is a fundamental concept in other religions too. Similarly, another judge on the bench, Justice Augustine George Masih, referred to a similar provision in Christianity and said, "We are all trying to go to heaven."
On the third day of hearing the arguments of the petitioners, the bench headed by Chief Justice B.R. Gavai reserved its order on the plea for an interim stay on the law.
What did the government say?
Solicitor General Tushar Mehta opposed the interim order, arguing that if the court finds after the final hearing that the law is unconstitutional, then the court can set it aside but if the court stays the law by an interim order and any property goes to the waqf in the meantime, it will be difficult to get it back. Because waqf belongs to Allah and once it is waqf, it will not be easy to get it back.
Solicitor General Mehta said, "Creating a waqf and donating to a waqf are two different things. That is why a five-year period of practice has been made mandatory for Muslims. So that the waqf cannot be used to cheat anyone."
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