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HomeLatest NewsSupreme Court Bench Acknowledges 'Waqf by User' Concern

Supreme Court Bench Acknowledges ‘Waqf by User’ Concern

New Delhi: The Supreme Court has started hearing petitions against the Waqf (Amendment) Act 2025. One of the petitions was filed by the All India Muslim Personal Law Board and Jamiat Ulama-i-Hind (M), along with others.
A three-judge bench led by Chief Justice Sanjiv Khanna, with Justices Sanjay Kumar and KV Viswanathan, heard the case. The hearing lasted two hours.
Senior advocate Rajeev Dhavan appeared for Jamiat Ulama-i-Hind (M), along with Advocate-on-Record Mansoor Ali Khan.
The counsels pointed out major flaws in the amendment. These included the structural change in waqf, a new rule requiring donors to be practicing Muslims for five years, removal of Waqf by User, and allowing non-Muslims in Waqf Councils and Boards.
The petitioners said these changes violate the Constitution. They also argued that the amendment damages the religious and legal essence of waqf in Islam.
They warned that removing Waqf by User could affect around four lakh properties. These include heritage sites like Jama Masjid and other religious places.
Chief Justice Khanna noted the seriousness of the issue. He said de-notifying Waqf by User properties would have serious consequences. He stressed that no action should be taken now that could cause permanent harm.
Another concern raised was the new power given to District Collectors. They can now suspend waqf status during inquiries. Petitioners said this is undue interference in Muslim religious matters. The Court agreed that the issue is serious and may issue an interim order to protect waqf lands.
Jamiat president Maulana Mahmood Madani responded to the hearing. He said waqf is a sacred matter in Islam. The government has no right to control or alter its nature.
He added that this issue is not only for Muslims. It also affects the religious freedom of all minorities.
Maulana Madani welcomed the Chief Justice’s comments on Waqf by User. He said the community hopes the Constitution and rule of law will be upheld.
The hearing will continue today at 2 P.M.
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