AhlulBayt News Agency: In a press note, AIMPLB spokesperson Dr. Syed Qasim Rasool Ilyas said that while the apex court granted partial relief by staying certain provisions of the Act, the community, the Board, and justice-seeking citizens had expected the court to suspend all clauses that conflict with the fundamental provisions of the Indian Constitution.
“The court has given limited relief, but it has overlooked major constitutional concerns, leaving us deeply disappointed,” Dr. Ilyas said. He added that several arbitrary provisions that contradict the community’s understanding remain in force. “The final verdict is still awaited, but given the government’s biased approach, the community fears these provisions will be misused.”
In its interim order, the Supreme Court granted relief on several key issues:
- Protection of property rights: Waqf properties cannot be dispossessed or altered in official records until a final verdict is delivered.
- Administrative overreach curtailed: The requirement of a government officer’s report as proof of waqf ownership has been suspended, with the court affirming that property rights cannot be determined by the administration.
- Prevention of arbitrary powers: The implementation of Section 3C, which allowed officials to unilaterally decide who is eligible to establish a waqf, has been stayed. Similarly, the proviso preventing property from being recognized as waqf during investigations has been suspended until the Waqf Tribunal issues a final ruling.
- Separation of powers upheld: Revenue officers cannot be assigned the role of determining property ownership.
- Limits on non-Muslim members: To address concerns over external interference in religious matters, the court ruled that the Central Waqf Council may include no more than 4 non-Muslim members out of 22, while state waqf boards may include a maximum of 3 out of 11.
- Five-year Muslim identity condition struck down: The arbitrary requirement that a person must prove they had practiced Islam for at least five years before creating a waqf has been suspended until the government frames proper rules.
Despite these partial measures, AIMPLB maintains that the entire amendment is designed to weaken and take control of waqf properties. The Board has demanded the complete withdrawal of the Waqf (Amendment) Act 2025 and restoration of the previous Waqf Act. It highlighted that harmful provisions such as the abolition of “waqf by user” and the mandatory requirement of a written waqf deed remain in force, which it described as contrary to the fundamental principles of Islamic law.
Dr. Ilyas announced that the Board’s “Save Waqf Campaign” will continue with full force. The second phase of the campaign, launched on September 1, 2025, includes sit-ins, protest marches, petitions, leadership arrests, roundtable discussions, interfaith conferences, and press briefings. The campaign will culminate in a massive nationwide rally on November 16, 2025, at Ramlila Maidan in Delhi, expected to draw participants from across the country.
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