The Indian Union Muslim League (IUML), a political party, has approached the Supreme Court challenging the Waqf (Amendment) Act, 2025, under Article 32 of the Constitution. The petition alleges that the Act violates fundamental rights guaranteed under Articles 14, 15, 25, and 26 of the Constitution, and calls it an “unconstitutional assault on the religious autonomy and personal rights of the Muslim community in India.”
The party claims that the 2025 Amendment Act imposes arbitrary restrictions, significantly increases state control over Islamic religious endowments (Waqf), and deviates from the religious spirit of waqf.
"The immediate enforcement of the amended Act, after receiving Presidential assent, puts Waqf properties across the country at serious risk of loss, religious rights erosion, and legal confusion," the petition argues.
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The IUML has requested the Court to:
- Strike down the disputed sections of the Amendment Act as unconstitutional
- Reinstate the 1995 Waqf Act provisions
- Grant an interim stay on the implementation of the amended Act until the case is resolved
Section 2: The term “Waqf” is replaced with “Unified Waqf Management, Empowerment, Efficiency and Development,” which, according to the petitioner, weakens the religious nature of Waqf.
Section 2A: This new clause exempts trusts created by Muslims from the Waqf Act, regardless of any court ruling, which was not present in the original 1995 Act.
Section 3(ix)(a): Amends the 1995 definition of Waqf by placing restrictions that only Muslims who have “shown or demonstrated practicing Islam for at least five years” can create a waqf. It also disqualifies new converts and non-Muslims from doing so, violating Islamic law and traditions.
“Such amendments contradict Shari’ah and centuries-old practices, including oral declarations of Waqf and Waqf by user,” the plea mentions.
Additionally, it states that waqf property must not involve any form of “contrivance,” creating more hurdles in waqf creation.
Section 3(ix)(b): Removes the concept of “Waqf by User” as provided in Section 3(i) of the 1995 Act, undermining undocumented but established waqfs.
"This is in violation of settled religious practices and the judgment in Church of God v. K.K.R. Majestic [(2000) 7 SCC 282], where the Court held that religious acts do not require a duration test," the IUML argued.
Section 4 (3B & 3C): Adds Section 3C, giving power to the Collector to declare properties as non-waqf without any appeal process, and imposes a 6-month deadline to refile details of already registered waqfs, risking their deletion.
Sections 9 & 11: Mandates inclusion of non-Muslims in Waqf Councils and Boards, directly affecting the community’s right to manage religious properties and violating Articles 25 and 26.
“This is a discriminatory move since no other religious community has to involve outsiders in managing their religious affairs,” the petition argues.
Section 14: Removes the provision for a no-confidence motion against the Chairperson of Waqf Boards by omitting Section 20A of the 1995 Act.
Section 18(a): Mandates written deeds, effectively abolishing the practice of Oral Waqfs, which is a valid and recognized method under Islamic Law.
Section 18(d): Gives unchecked power to the Collector in deciding whether a property qualifies as Waqf, with no system of appeal, violating natural justice.
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State Control and Religious Rights: The amendments significantly strengthen state authority over religious properties and dilute the autonomy of the Muslim community.
“These provisions are in stark contrast to laws governing other communities like the Guruvayoor Devaswom Act for Hindus and Shiromani Gurudwara Parbandhak Committee for Sikhs,” the plea highlights.
The petition further quotes the Sachar Committee Report, which had recommended that the management of Waqf properties should lie with the Muslim community.
Section 18(f): Places a six-month limit on filing legal proceedings for enforcement of unregistered Waqf rights, which the IUML calls unreasonable and restrictive.
Section 20: Removes Section 40 of the 1995 Act, thereby stripping Waqf Boards of the authority to determine Waqf status.
Section 40A: Applies the Limitation Act to Section 107 of the 1995 Act, potentially threatening the perpetual status of Waqf under Islamic Law.
Section 41: Omission of Sections 108 (good-faith protection) and 108A (overriding effect) is another concern that weakens the original protections given to Waqf institutions.
