The Supreme Court compared Waqf to Hinduism’s Moksha while hearing a challenge to the Waqf (Amendment) Act, 2025. Kapil Sibal argued Waqf is a divine dedication, not mere charity, countering the Centre’s stand.
On Thursday, during the hearing on the Waqf (Amendment) Act, 2025, the Supreme Court made a spiritual reference while discussing religious charity and its significance in Islam and other religions.
The court was listening to the petitioners who are challenging the Centre’s defence of the Waqf (Amendment) Act.
This came just a day after the Central Government told the court that waqf is nothing more than charity and that it is not a core or essential part of Islam.
To counter this claim, senior advocate Kapil Sibal, representing the petitioners, explained the deep religious meaning of waqf.
He said,
“Waqf is a dedication to God, for afterlife. Unlike others, Waqf is a charity to God. Charity is to a community, Waqf is a dedication to God. This is for the future, for a spiritual benefit.”
In response, the Chief Justice of India made a philosophical remark connecting the idea to Hinduism by saying,
“In Hindus, there’s a concept of Moksha.”
Another judge, Justice Augustine George Masih, also added to this thought by referring to Christianity and said,
“We all try to get to heaven.”
Senior advocate Rajiv Dhawan also supported the petitioners’ side and brought in a comparison with Hinduism.
He argued that even according to Hindu scriptures, certain religious structures are not considered essential.
He said,
“According to the Vedas, temples are not an essential part of Hinduism. There is a provision to worshipping nature. There are gods of fire, water and rain. There are mountains, oceans etc.”
Earlier, the petitioners had argued that waqf is basically donations made in the name of God, but the Centre had responded by saying that donation is integral to all religions.
The Solicitor General Tushar Mehta, who represented the Central Government, said,
“Waqf is an Islamic concept. But it is not an essential part of Islam… Waqf is nothing but just charity in Islam. Judgments show that charity is part of every religion and can happen for Christianity also. Hindus have a system of daan. Sikhs also have it.”
The Chief Justice also shared his view on the subject and pointed out that the idea of charity exists in every religion. He said,
“Charity is a fundamental principle of other religions also.”
Later in the hearing, Kapil Sibal questioned the provision in the Waqf Act which allows non-Muslims to be a part of the Waqf management committee.
He compared this with the management of Hindu religious endowments where non-Hindus are not permitted.
He said,
“But as far as waqf is concerned, here also non-Muslims are not included in it. The reservation for four persons has been made for non-Muslims. In my opinion, even one is enough.”
This ongoing case has sparked deep discussions around the meaning of charity in different religions and whether Waqf is an essential religious practice under Islam.
The court is expected to continue hearing the matter, and its decision could impact how religious endowments are viewed and managed in the country.
Case Title:
IN RE THE WAQF (AMENDMENT) ACT, 2025| W.P.(C) No. 276/2025
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