Waqf Law: Will the Waqf law be banned today? The Supreme Court had expressed concern over these three provisions.

Posted on 17th Apr 2025 by rohit kumar

More than 70 petitions filed against the Waqf Law were heard in the Supreme Court on Wednesday. The matter was debated for about two hours. The matter will be heard today i.e. on Thursday as well.

 

Senior advocate Kapil Sibal and Abhishek Manu Singhvi, along with other petitioners' lawyers, presented their arguments in the court on Wednesday. Solicitor General Tushar Mehta was present in the court on behalf of the government.

 

During the hearing, the petitioners who filed the petition against the Waqf Law presented their arguments, while the central government also presented its side in defense of the law.

 

During this, the Supreme Court also asked sharp questions to the central government regarding the Waqf Law. It is worth noting that the Supreme Court's comment on the Waqf Law has increased the difficulties of the central government.

 

The first issue on which the Supreme Court expressed concern is 'Waqf by User'.

 

During the hearing on Wednesday, Abhishek Manu Singhvi was constantly referring to the 'Waqf by User' property. Abhishek Manu Singhvi argued in the court that there are 8 lakh Waqf properties across the country, out of which half i.e. more than 4 lakh properties are registered as 'Waqf by User'. Singhvi further argued and expressed concern that after the amendment made in the Waqf Act, these properties are in danger.

 

Now let's understand what this provision is. Actually, 'Waqf By User' is a tradition, in which a property is considered a Waqf due to being used for Islamic religious or charitable purposes for a long time, even if it does not have a written document or registry.

 

Kapil Sibal said, 'Waqf by User' is a condition of Waqf. Understand it like this that I have a property and I want an orphanage to be built there, then what is the problem in this? I have land, I want to build it on it, in such a situation why will the government ask me to get it registered?

 

Second issue: Abolishing the status of Waqf property

 

Let us tell you that under the new law, if the District Collector identifies a property as government land, it will not be considered a Waqf property until the court gives its final decision. The Supreme Court objected to this provision and said that the Waqf status of the property should not be abolished during the Collector's investigation.

 

The court further proposed that the Collector can investigate, but its effect will not be implemented until the final decision is made.

 

Third issue: Appointment of non-Muslim members in Waqf Board and Council

 

Actually, the new law has a provision to include non-Muslim members in the Waqf Board and Central Waqf Council, which the court considered against religious autonomy.

 

The court asked the central government, "Will you allow the inclusion of Muslim members in Hindu religious trusts?" The court suggested that the permanent members of the board and council should be Muslims, although ex-officio members can be non-Muslims.

Other news