Waqf Not Essential Part of Islam, Centre Tells Supreme Court During Ongoing Hearing
Appearing for the Centre, Solicitor General Tushar Mehta clarified that while Waqf is an Islamic concept, it is not fundamental to the religion.
On the second day of the hearing on the Waqf (Amendment) Act, 2025, the Central government told the Supreme Court that Waqf is a charitable practice and not an essential part of Islam. Appearing for the Centre, Solicitor General Tushar Mehta clarified that while Waqf is an Islamic concept, it is not fundamental to the religion.
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“Charity Exists in All Religions,” Says SG Mehta
Arguing before a bench led by Chief Justice B R Gavai and Justice Augustine George Masih, Mehta compared Islamic charity with practices in other religions. “Hindus have the concept of daan, Sikhs follow similar traditions. Waqf is simply charity within Islam,” he said, adding that such practices are secular and not religious in essence.
Also Read: Centre Urges SC to Limit Waqf Act Hearing to Three Key Issues
Waqf by User Not a Fundamental Right
Mehta also addressed concerns over properties declared waqf by usage, stating that such designations are not protected under fundamental rights. “If a right is given by statute, it can also be taken away by statute,” he said, emphasizing that the government has the authority to reclaim its land, even if it has long been used for religious or charitable purposes.
Inclusion of Non-Muslims in Waqf Board Defended
The Solicitor General responded to objections regarding the inclusion of non-Muslim members on Waqf boards. He argued that Waqf functions in a secular capacity, and hence, the inclusion of non-Muslims would not affect its character. “Even religious institutions like temples are sometimes administered by Muslim charity commissioners in some states,” he pointed out.
Context: Waqf (Amendment) Act, 2025 Under Challenge
The hearing stems from petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The law was passed by Lok Sabha (288 in favour, 232 against) and Rajya Sabha (128 in favour, 95 against), and received Presidential assent on April 5, 2025.
What Is Waqf by User?
Waqf by user refers to the practice where long-term public use of a property for religious or charitable purposes leads to its recognition as waqf, even in the absence of formal documentation. The Centre has questioned the legality of this concept in the current constitutional context.
The case continues as the apex court hears further arguments challenging the Act, which has sparked widespread debate over property rights and religious freedoms in India.
