Jaipur: In a landmark decision, the Rajasthan High Court has upheld the principle of ‘Waqf by User’ while affirming that the Waqf Tribunal remains the final adjudicating authority in waqf-related disputes. This ruling comes amid the ongoing controversy surrounding the Waqf (Amendment) Bill 2024, which seeks to repeal this principle.
The court ruled that a mosque qualifies as waqf property and that disputes regarding such properties must be exclusively handled by the Waqf Tribunal, as mandated by the Waqf Act, 1995. The judgment, delivered by Justice Birendra Kumar at the Jodhpur principal bench, overturned a lower court’s decision that questioned the jurisdiction of the tribunal.
Referring to Section 85 of the Waqf Act, Justice Kumar stated that no civil or revenue court has the authority to adjudicate waqf-related disputes. The ruling was issued in connection with a legal dispute over Madina Jama Masjid in Kalra village, Phalodi district, which had been contested in court despite being a recognized place of worship.
The decision strengthens the legal framework protecting waqf properties and could significantly impact the debate over the Waqf (Amendment) Bill 2024, which is set to be presented in the upcoming Budget Session. Legal experts believe this ruling reaffirms the constitutional protections afforded to religious endowments under Islamic law.
