The Supreme Court on Thursday took up petitions contesting the Waqf Amendment Act, 2025, focusing on the contentious removal of the long-recognized concept of ‘waqf by user’.
New Delhi – The Supreme Court of India, on Thursday, resumed hearing a series of petitions challenging the Waqf Amendment Act, 2025, a legislation that has stirred considerable controversy. The bone of contention lies in the government’s decision to dilute or effectively eliminate the concept of ‘waqf by user’, a move that has raised alarm bells among legal experts, community members, and religious institutions.
What is ‘Waqf’ and ‘Waqf by User’?
A waqf is a permanent dedication of property—movable or immovable—by a Muslim for purposes considered religious, pious, or charitable under Islamic law. These properties are typically managed by a caretaker known as a mutawalli and are deemed non-transferable and non-saleable once dedicated.
The term ‘waqf by user’ refers to properties that may not have formal deeds or documentation, but which have been continuously and publicly used for religious or charitable purposes—such as mosques, graveyards, dargahs, or community kitchens. These places have historically been acknowledged as waqf based on long-standing community use and tradition, even in the absence of formal legal recognition.
This concept was especially relevant for properties dating back to periods before formal land registration systems existed, helping to safeguard heritage religious spaces.
The Supreme Court’s Concern
During the hearing on Wednesday, a bench led by Chief Justice posed critical questions to the Centre regarding the implications of removing ‘waqf by user’ from the legal framework. The Court observed that numerous properties—historically recognised as waqf—could lose their legal status simply due to lack of documentation.
The bench remarked:
“How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also.”
This observation underscores the risk of historical erasure and disruption to centuries-old religious institutions that may now be vulnerable to reclassification or de-notification.
The Court also expressed concern
“that properties already declared as waqf by judicial orders should not be subjected to de-recognition, at least while the constitutionality of the 2025 amendment is under judicial scrutiny”
The 2025 Amendment: What Changed?
The Waqf Amendment Act, 2025, brought in by the NDA government, introduced a significant shift. It narrowed the scope of who can declare a property as waqf—now requiring that:
- The property must belong to a practising Muslim for at least five years;
- The property must have documentary proof of ownership and dedication.
This effectively removes or severely limits the concept of waqf by user, replacing customary usage with strict legal formalism.
The Centre has argued that the earlier law, especially the 2013 UPA-era reforms, opened the floodgates to misuse and wrongful classification of land—often including government-owned or private land—as waqf without solid proof. According to the government, the 2025 law seeks to curb this misuse and improve transparency.
Scale of the Issue: How Many Properties Are Affected?
As per data from the Waqf Assets Management System of India (WAMSI) portal:
- India has over 8.72 lakh waqf properties, spread across 38 lakh acres.
- Of these, approximately 4.02 lakh properties fall under the category of ‘waqf by user’.
- These include:
- 1.19 lakh mosques
- 1.5 lakh graveyards
- 1.13 lakh commercial shops
- 92,000 houses
- 1.4 lakh plots of agricultural land
- Thousands of dargahs, mazars, and other heritage structures.
Critics argue that removing legal recognition from these properties could cause irreparable harm to community infrastructure, especially in areas where formal ownership documents were never created or lost due to historical reasons.
What Happens Next?
The Supreme Court has not issued a stay on the new law but has insisted on maintaining the status quo until the matter is fully adjudicated. The Centre, represented by Solicitor General Tushar Mehta, has been granted seven days to file a preliminary response.
In the meantime, the Court also took note of the Centre’s assurance that no new appointments would be made to Waqf Boards until the case progresses further.
ALSO READ: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
In Summary: Why This Matters
The removal of ‘waqf by user’ from India’s waqf framework has reignited an important legal and social debate:
- On one side is the government’s aim to bring order and prevent exploitation of land through dubious waqf declarations.
- On the other is the concern for preserving cultural and religious heritage, often undocumented but deeply entrenched in India’s religious fabric.
As the Supreme Court continues to hear the matter, its decision could significantly reshape how waqf properties—especially undocumented ones—are treated under Indian law.
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