The central government on Wednesday told the Supreme Court that Waqf is an Islamic concept, it is not an essential part of Islam and Waqf Board discharge secular works.
Representing the Center, Solicitor General Tushar Mehta, India’s Chief Justice Bra Gawai and a bench of Justice Augustine George Maasi Waqf Board, who do not touch any religious works.
“Waqf is an Islamic concept. But it is not an essential part of Islam. Waqf is nothing but donations in Islam,” Mehta said, saying that charity is recognized in every religion, and it cannot be considered an essential principle of any religion.
Defending the inclusion of non-Muslims in the Waqf Board, he said it was for diversity and taking care of the secular aspects of the board.
The Solicitor General said, “The Waqf Board only discharges secular work. Management of assets, registering maintenance, and auditing accounts. Purely secular. A religion has the power to regulate secular practices in a religion. The property should be according to the law,” Solister General said that no two non-demonstrations will be affected.
He said that the amendment to the Waqf Act was brought after taking all the stakeholders into confidence and was fully aimed at curbing the mismanagement and misuse of Waqf.
The Solicitor General said that the Amendment Act was passed after detailed discussions by the Joint Parliamentary Committee, which took the views of various stakeholders across the country.
He further said that a lot of “mischief” was going on in the name of Waqf-by-User, because it is being claimed in the country of government assets.
He said that the eradication of the Waqf-by-user is future, and the existing Waqf will not be affected. If they are registered, they said. In addition, the Waqf-Bay-User is not a fundamental right, the Solicitor General said.
“Now a false story is being created that Waqf is being taken away. It is nothing, but the country is being misled. Waqf-by-user is not potentially allowed with some exceptions. One, it should be registered,” he argued.
He also presented that once a property comes into controversy, only the Waqf character is taken away and not the possession or other rights in relation to the property.
Mehta also stated that the 2025 Act included provisions about Waqf-Alle-Olad, especially in family settlements, about the protection of women’s inheritance rights, ensuring that women successor receives her right part before being dedicated to Waqf.
The apex court is listening to arguments on the interim migration of the Act. The argument will continue tomorrow.
A batch of petitions challenging the Act was filed before the apex court, stating that it was discriminated against the Muslim community and violates their fundamental rights.
Six Indian Janta Party -ruled states also transferred the apex court in the matter in support of the amendment.
On 5 April, President Draupadi Murmu gave his consent on Waqf (Amendment) Bill, 2025, which was first passed by Parliament after a hot debate in both houses.
The central government had filed its initial affidavit in the Supreme Court, while demanding dismissal of petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 said that the law was not a violation of guaranteed fundamental rights under the Constitution.
In its affidavit, the Center said that the amendments are only for the regulation of the secular aspects about the management of properties and therefore, no violation of guaranteed religious freedom under articles 25 and 26 of the Constitution.
The central government had urged the court not to maintain any provision of the Act, saying that it is a systematic position in the law that the constitutional courts would not directly or indirectly be a legal provision, and will finally decide the matter. (AI)
