AIMPLB expressed disappointment over the Supreme Court’s partial stay on the Waqf (Amendment) Act 2025, calling the order “incomplete and unsatisfactory.” Nationwide protests, including a massive Ramlila Maidan rally on November 16, are planned to demand full repeal.
New Delhi: On September 15, the All India Muslim Personal Law Board (AIMPLB) expressed strong disappointment over the Supreme Court’s interim order on the Waqf (Amendment) Act, 2025, calling the ruling “unsatisfactory.”
The Board stated that the refusal to stay the entire law leaves “numerous harmful provisions” in force, including the prospective de-recognition of ‘Waqf by user’.
The Muslim body also confirmed that its ‘Save Waqf Campaign’ will continue in full force, with nationwide protests building up to a massive rally at Ramlila Maidan in Delhi on November 16. AIMPLB spokesperson S Q R Ilyas said,
“The Board maintains that the entire amendment is a deliberate move to weaken and seize waqf properties and, therefore, demands the complete repeal of the Waqf (Amendment) Act, 2025.”
Ilyas further explained that the Board was disappointed with the Supreme Court’s interim judgment on the amendment, describing it as “incomplete and unsatisfactory.”
He said,
“Although the apex court has stayed certain provisions of the amendment, the Muslim community, the Muslim Personal Law Board and justice-seeking citizens had expected a stay on all clauses that contradict the fundamental provisions of the Constitution.”
“While the court has granted partial relief, it has not addressed the wider constitutional concerns, leaving us disappointed,” Ilyas said.
He added,
“Many crucial provisions, which on the face of it end in understanding of the community at large, are completely arbitrary and have not been stayed at the interim stage. The final decision is yet to come but the community feels that the provisions not stayed at this stage shall be abused because of the prejudiced manner in which the government functionaries work.”
Ilyas noted that the Supreme Court’s interim order provided relief in some areas.
He said,
“It has ruled that waqf properties cannot be dispossessed or altered in official records until a final decision is delivered,”
The court stayed the provision that required a government officer’s report to validate waqf ownership.
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Ilyas explained,
“It stayed the provision that required a government officer’s report to validate waqf ownership, observing that executive authorities cannot decide property rights of citizens,”
Further, the court has stayed the operation of Section 3C of the Act and clarified, “a government officer cannot have the unilateral authority to decide who is eligible to create a waqf,” he said. Ilyas added,
“It has also stayed the proviso which said that a property would cease to be treated as Waqf during an inquiry. The judgment directs that no Waqf shall be dispossessed or have its records altered until the matter is fully adjudicated by the Waqf Tribunal.”
The Supreme Court emphasized that the revenue officer cannot be entrusted with determining the title of a property, keeping in view the principle of separation of powers, Ilyas noted. He further said,
“Addressing the grave concerns of external interference in religious management, the Court has directed that the Central Waqf Council shall not consist of more than 4 non-Muslim members (out of 22). Similarly, the State Waqf Boards shall not have more than 3 non-Muslim members (out of 11).”
Ilyas also pointed out that the court has stayed the arbitrary requirement that a person must show or demonstrate that they have been “professing Islam for at least five years” to create a waqf.
He said,
“This stay will remain in effect until the government frames rules for such determination,”
Despite the interim relief, the Board continues to believe that the entire amendment is a deliberate move to weaken and seize waqf properties. Ilyas said,
“It therefore demands the complete repeal of the Waqf (Amendment) Act 2025 and the restoration of the earlier Waqf Act. The refusal to stay the entire Act leaves numerous other harmful provisions in operation, including the prospective de-recognition of ‘Waqf by user’ and the mandatory requirement of a Waqf deed, which goes against the established tenets of Islamic law.”
He added that the Board’s Save Waqf Campaign will continue in full strength. Ilyas explained,
“The second phase of the campaign, launched on September 1, 2025, includes dharnas, demonstrations, waqf marches, memorandums, leadership arrests, roundtable meetings, interfaith conclaves, and press conferences.”
He further said,
“Nationwide protests will culminate in a massive rally at Ramlila Maidan in Delhi on November 16 with participation from across the country.”
The Supreme Court on Monday suspended a few key provisions of the Waqf (Amendment) Act, 2025, including the clause that only those practising Islam for the last five years could create a waqf. However, it refused to stay the entire law, citing the presumption of constitutionality in its favour.
A bench of Chief Justice B R Gavai and Justice Augustine George Masih said, “Presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases,” in its 128-page interim order on the contentious issue.
The bench further clarified,
“We do not find that any case is made to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected.”
However, in a bid to “protect the interest of parties” and “balance the equities,” the order stayed some provisions including the powers accorded to a Collector to adjudicate the status of waqf properties and also ruled on non-Muslim participation in Waqf Boards.
Case Title:
IN RE THE WAQF (AMENDMENT)w ACT, 2025 (1)|W.P.(C) No. 276/2025
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