The main petition in this matter has been filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi.
A three-judge Bench of the Supreme Court of India will hear ten petitions challenging the Wakf (Amendment) Act, 2025 on April 16. This case is listed as Item 13.
ALSO READ: LEGAL EXPLAINER| Waqf & The Waqf Amendment Bill 2024: Key Legal Changes & Impact
The Bench will be led by Chief Justice of India (CJI) Sanjiv Khanna, and also include Justice PV Sanjay Kumar and Justice KV Viswanathan.
The main petition in this matter has been filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) Member of Parliament Asaduddin Owaisi.
What Is the Wakf (Amendment) Act, 2025?
The Waqf (Amendment) Act, 2025 received Presidential assent on April 5. It makes significant changes to the Waqf Act, 1995, which governs the management of waqf properties in India.
Waqf refers to properties that are dedicated only for religious or charitable purposes under Islamic law. The original Act provides the legal structure for handling these properties and assigns duties to the Waqf Council, State Waqf Boards, Chief Executive Officer, and mutawalli (caretaker of waqf property). It also establishes Waqf Tribunals, which act in place of civil courts for waqf-related matters.
Key Changes Introduced by the Amendment
The 2025 amendment has made several changes to the existing law, many of which are now being legally challenged.
- One big change is about legal disputes: Earlier, decisions made by Waqf Tribunals were final and couldn’t be challenged in regular courts. But now, these decisions can be appealed in High Courts within 90 days.
- The Bill renames the original Act as the Unified Waqf Management, Empowerment, Efficiency, and Development Act to reflect a broader goal of better management.
- Earlier, any long-term use or endowment could be declared as Waqf. But now, only a person who has practiced Islam for at least five years and owns the property can declare it as waqf. This removes the earlier idea of “waqf by user.”
- It also ensures that waqf-alal-aulad (waqf for family) cannot deny inheritance rights to legal heirs, including women.
- The Bill removes the power of Waqf Boards to decide whether a property is Waqf or not.
- The original law required all members of the Central Waqf Council to be Muslims, but the Bill now says that two members must be non-Muslims. MPs, judges, and other experts appointed to the Council don’t have to be Muslims. However, Muslim scholars, leaders, and board chairpersons must be Muslims, and at least two of them must be women.
- The Central Government gets more power to make rules for registration and auditing of Waqf accounts and the functioning of Waqf Boards.
- Earlier, State governments could audit Waqf accounts. Now, the Central government can ask the CAG or other officers to do the audit.
- The Bill also allows for separate Waqf Boards not just for Sunni and Shia, but also for smaller sects like Aghakhani and Bohra.
Why Are Petitions Filed?
These major changes have led to concern and legal action from various groups. The petitioners argue that the amendments affect the autonomy of Muslim religious bodies, restrict who can create a waqf, and give excessive powers to the Central Government, including the appointment of non-Muslims to a religious council.
One of the prominent petitioners is MP Asaduddin Owaisi, who has been vocal about the law’s impact on the rights of Muslims to manage their religious properties.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
