Mohamed Maqsoon Imran, the Chief Imam of Jamia Masjid in Bengaluru City, has filed a writ petition in the Supreme Court against the Waqf (Amendment) Act, 2025. The petition argues that the new amendments violate Articles 14, 25, and 26 of the Indian Constitution, which guarantee equality before the law and the freedom to practice and manage religious affairs.
According to the petition, the amendments completely change the nature and essence of waqf, which, under Muslim law, refers to the permanent dedication of movable or immovable property for religious, pious, or charitable purposes. The petitioner states that the new provisions distort the religious character of waqfs and damage the democratic framework of their administration, especially the functioning of waqf boards.
“This public interest litigation is meant to protect the constitutional rights of the Muslim community,” the petition states. “Waqf properties, which are the backbone of education and social welfare for Muslims, must remain under the exclusive control of the community without interference from outsiders, in accordance with religious laws and judicial precedent.”
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The petition, filed through Advocate-on-Record Abid Ali Beeran P., demands that the impugned provisions be struck down as unconstitutional. It also seeks a complete restoration of the original Waqf Act, 1995.
Among the controversial changes being challenged are:
- Removal of the provision for waqf by user.
- Imposing a five-year requirement of being a practicing Muslim for creating a waqf.
- Diluting the concept of waqf-alal-aulad (family waqfs).
- Extending the limitation period to two years for challenging waqf notifications.
- Including two non-Muslim members in the Central Waqf Council, Board of Auqaf, and State Waqf Boards.
The petition highlights that these amendments violate several fundamental rights of the Muslim community, particularly religious autonomy and administrative control over waqf properties.
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A particularly controversial inclusion is Section 3C, which states that any property shall not be considered waqf property until a designated government officer conducts an inquiry to determine whether it belongs to the government.
“This will result in large-scale usurpation of waqf properties,” the petitioner submitted. “Until the inquiry is completed, the property will not be treated as waqf, which opens the door for misuse and land grabbing.”
The petition further asserts that the dispute resolution mechanism created under the Act is not impartial or fair, and lacks adherence to the principles of natural justice. The process, the petitioner argues, is arbitrary, illegal, and biased.
Another separate petition has been filed by Mohammed Fazlurrahim and the All India Muslim Personal Law Board (AIMPLB) through General Secretary and Advocate-on-Record Talha Abdul Rahman. This petition also calls the 2025 Waqf Amendment Act unconstitutional, stating that it marginalizes the Muslim minority by attacking their religious identity and practices.
The AIMPLB petition criticizes several provisions, stating:
“The amendments create multiple obstacles for the creation of waqf by imposing unjustified conditions not applicable to other religions. Furthermore, the administration of waqf has been taken away from Muslims and handed over to government-controlled bodies.”
It also raises concern over the removal of protections against adverse possession under the law of limitation and the shifting of adjudicatory powers to government-appointed officers.
“This violates the fundamental constitutional rights of Muslims and enables government overreach in religious matters,” the petition claims.
The petition particularly criticizes the condition that a person must be a “practicing Muslim” to create a waqf, calling this a subjective and vague provision.
“This condition violates the right to freedom of conscience,” it states. “It introduces an administrative judgment on a person’s level of faith, which can be misused. No clear standards are laid out for determining whether someone is a ‘practicing’ or ‘non-practicing’ Muslim.”
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The petitioners argue that the Waqf Amendment Act creates discriminatory classifications, which are both hostile and arbitrary, eroding the protection granted to religious minorities under the Constitution.
“The amendments have undermined the entire framework meant to safeguard the religious and cultural rights of Muslims. This Act exercises majoritarian dominance by discarding the core values and silences of the Constitution, which are equally sacred.”
The Supreme Court is scheduled to hear the petitions challenging the Waqf (Amendment) Act, 2025 on April 16.
