LawChakra

Samajwadi Party MP Moves SC Against Waqf Amendment Act 2025: “Discriminates Against Muslim Community”

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Today, On 9th April, Samajwadi Party MP from Sambhal, Zia Ur Rehman Barq, has filed a case in the Supreme Court against the Waqf (Amendment) Act, 2025. He said the new law is unfair to the Muslim community. According to him, it puts special restrictions on Waqf properties that are not there for other religions. He believes this law is against the idea of equality and religious freedom in India.

New Delhi: Samajwadi Party MP from Sambhal, Zia Ur Rehman Barq, filed a writ petition in the Supreme Court of India challenging the recently enacted Waqf (Amendment) Act, 2025.

President Droupadi Murmu granted her assent to the Waqf (Amendment) Bill, 2025, which was previously passed by Parliament amid intense debates in both Houses. Multiple petitions have already been filed in the apex court contesting the bill’s validity.

The petition argues that the amendments infringe upon the religious autonomy of the Muslim community and introduce discriminatory restrictions that are not imposed on other religious trusts or endowments.

SP MP Zia Ur Rehman Barq from Sambhal has filed a writ petition in the Supreme Court against the recently enacted Bill.

The petition states,

“Act discriminates against the Muslim community by introducing restrictions that are not applicable to the governance of other religious endowments.”

In response, the Centre has submitted a caveat to the Supreme Court, requesting to be heard before any decision is made regarding the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A caveat ensures that the court cannot issue orders without first hearing from the party that filed it.

More than ten petitions have been submitted to the Supreme Court contesting the new legislation. Among the petitioners are prominent politicians such as AIMIM chief Asaduddin Owaisi and Congress MP Mohammad Jawed, along with organizations like the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind.

The Waqf (Amendment) Bill, 2025 has officially become law after receiving the President of India’s assent on April 5, 2025. The Waqf (Amendment) Bill2025 has officially become the Waqf (Amendment) Act, 2025.

This marks a major reform in the governance of Waqf properties across the country.

The Waqf Act, originally enacted in 1995, governs the administration of Muslim charitable endowments (Waqf properties) in India.

The Waqf (Amendment) Bill, which faced significant opposition from various groups, including key Muslim organizations, was approved by the Lok Sabha on Wednesday and the Rajya Sabha on Thursday.

The Waqf Amendment Bill was passed after a 12-hour-long debate, securing 288 votes in favor and 232 against.

On August 8, 2024, two significant legislative proposals, namely the Waqf (Amendment) Bill, 2024, and the Mussalman Wakf (Repeal) Bill, 2024, were introduced in the Lok Sabha. These bills aim to enhance the efficiency of Waqf Board operations and ensure better management of Waqf properties across India.

The concept of Waqf in India dates back to the Delhi Sultanate era when Sultan Muizuddin Sam Ghaor dedicated two villages to the Jama Masjid of Multan. Over time, successive Islamic dynasties increased the number of Waqf properties.

These properties are typically donated for religious, educational, or charitable purposes and are managed by Waqf Boards established under the Act. Over the years, problems like corruption, poor management, and illegal occupation have troubled the system, leading to the need for changes and reforms.

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