Jamiat Ulema-e-Hind vows legal fight as SC halts some Waqf amendments

New Delhi: Muslim body Jamiat Ulema-e-Hind has welcomed the Supreme Court’s interim order putting on hold certain provisions of the Waqf (Amendment) Act, 2025, but voiced concern over the court’s refusal to stay the entire law, particularly the clause relating to the prospective de-recognition of ‘Waqf by user’.

Jamiat president Maulana Arshad Madani said the organisation would continue its legal and democratic fight until the law is repealed.

Posting in Hindi on X, he called the interim relief on three contentious provisions a welcome step but described the new law as “oppressive” and a “direct attack on the Constitution” that threatens Muslims’ religious freedom.

He added that Jamiat approached the Supreme Court to challenge the Act and expressed confidence that the law would ultimately be struck down.

Meanwhile, Maulana Mahmood Madani, who heads another faction of Jamiat, termed the ruling “somewhat satisfactory” as it provides partial relief. He stressed that the main issue lies in the
de-recognition of ‘Waqf by user,’ which he said is fundamental to Islamic law.

The Supreme Court on Monday stayed multiple provisions of the Waqf (Amendment) Act, including the requirement that only those practising Islam for the past five years can dedicate property as Waqf.

However, the bench led by Chief Justice BR Gavai, with Justice Augustine George Masih, declined to suspend the entire law, observing that statutes enjoy a presumption of constitutionality and intervention is warranted only in rare cases.

The court also stayed provisions empowering collectors to determine the status of Waqf properties and restricted non-Muslim representation on Waqf boards—capping it at four out of 20 members in the Central Waqf Council and three out of 11 in state boards.

The Waqf (Amendment) Bill, 2025, was passed by Parliament earlier in April and became law after President Droupadi Murmu’s assent.