Why are Muslim bodies protesting against Waqf Amendment Act, 2025?

The Supreme Court will hear on Wednesday, April 16, a batch of petitions, including AIMIM leader Asaduddin Owaisi’s plea, against the constitutional validity of the Waqf (Amendment) Act, 2025 recently cleared by Parliament.

A three-judge bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan, so far, listed 10 petitions on the issue.

In addition to Owaisi’s petition, the top court listed for hearing the petitions filed by Aam Aadmi Party leader Amanatullah Khan, Association for the Protection of Civil Rights, Arshad Madani, Samastha Kerala Jamiathul Ulema, Anjum Kadari, Taiyyab Khan Salmani, Mohammad Shafi, Mohammed Fazlurrahim and RJD leader Manoj Kumar Jha.

The YSRCP-led by former Andhra Pradesh chief minister Jagan Mohan Reddy, the Communist Party of India (CPI), Tamilaga Vettri Kazhagam chief and actor-turned-politician Vijay have also moved the top court on the issue.

The All India Muslim Personal Law Board (AIMPLB), Jamiat Ulama-i-Hind, the Dravida Munnetra Kazhagam (DMK), Congress MPs Imran Pratapgarhi and Mohammad Jawed are other key petitioners.

What is their objection to the Waqf (Amendment) Act, 2025?

SQR Ilyas, the AIMPLB spokesperson, said the petition strongly objected to the amendments passed by Parliament for being “arbitrary, discriminatory and based on exclusion”.

The amendments, the AIMPLB sad, not only violated the fundamental rights guaranteed under Articles 25 and 26 of the Constitution of India but also clearly revealed the government’s intention to take complete control over the administration of Waqf, therefore, sidelining the Muslim minority from managing their own religious endowments.

Articles 25 and 26 of the Constitution ensure freedom of conscience, the right to practice, propagate religion, and the right to establish and manage institutions for religious and charitable purposes, it said.

Jamiat Ulama-i-Hind, in its petition, claimed that it was a “dangerous conspiracy” to strip Muslims of their religious freedom. In its petition, Jamiat said the law was a “direct attack on the country’s Constitution, which not only provides equal rights to its citizens but also grants them complete religious freedom”.

The Samastha Kerala Jamiathul Ulema, a religious organisation of Sunni Muslim scholars and clerics in Kerala, also filed a petition claiming that the Act was a “blatant intrusion” into the rights of a religious denomination to manage its own affairs in the matter of religion.

Congress MP Mohammad Jawed’s petition alleged the Act imposed “arbitrary restrictions” on Waqf properties and their management, undermining the Muslim community’s religious autonomy.

Amanatullah Khan sought the law declared as unconstitutional, being violative of “Articles 14, 15, 21, 25, 26, 29, 30 and 300-A of the Constitution”.

Indian Union Muslim League (IUML) national general secretary PK Kunhalikutty said the Waqf Amendment Act goes against the Constitution. “We are confident. The Supreme Court is taking up the matter. We have given our petition, and senior Advocate Kapil Sibal is appearing. It (the Waqf Amendment Act) is against the Constitution.

That is what we believe,” he said. He mentioned that the matter is now with the Supreme Court, and senior advocate Kapil Sibal is representing their petition.

Here’s a look at the Waqf law:

History of the concept: The word “waqf” has its origin in the Arabic word “waqufa,” meaning to detain or to hold or to tie up. Waqf, in Islamic law, refers to a charitable endowment where an individual dedicates property for religious or philanthropic purposes.

Once designated as waqf, the property cannot be transferred through inheritance, sold or given away.

Waqf structure: Three key parties in the waqf structure:

The wāqif is the founder who establishes the waqf, either through a written declaration or by verbally expressing their intent to dedicate the property.

The beneficiaries, referred to as mawqūf ‘alayh, are those who benefit from the waqf.

The mutawalli, or trustee, who is responsible for managing the waqf.

Origin of law in India: The origins of waqf law in India can be traced back to the pre-colonial era, where Islamic rulers and nobles frequently endowed properties for religious and charitable purposes.

In pre-colonial India, Hindus and Muslims followed their personal laws in family affairs while the judicial system was based on customs governing communities and different walks of life.

The British political system replaced this system with a uniform judiciary. Waqf cases were frequently brought before the Privy Council from various Muslim-populated regions within the British Empire.

The British legal system refused to recognise family waqf as a legitimate institution in the late 19th century.

Such waqf remained invalid for two decades before the promulgation of the Mussalman Wakf Validating Act in 1913.

How it has evolved after independence: In 1954, the Waqf Act was enacted to provide a comprehensive framework for the registration, management and supervision of waqf properties across the country.

This law was subsequently repealed and replaced by the Waqf Act of 1955, which is the current governing legislation. The 2013 amendments further strengthened the authority of the waqf board while introducing stringent measures to curb illegal alienation of waqf properties.

The 1955 act outlines several key provisions regarding the delineation of waqf properties, the creation of state waqf boards and the establishment of the central waqf council.

The act mandates that every state must appoint a survey commissioner to identify and delineate waqf properties. These are recorded in the state’s official gazette, and a list is maintained by the state waqf board.

The Act establishes waqf boards in every state and Union territory. These boards are statutory bodies responsible for the general administration of waqf properties within their jurisdiction.

The act also establishes the Central Waqf Council, a national-level advisory body under the ministry of minority affairs.