Supreme Court Halts 5 Year Islam Practice Clause in Waqf Act

[islamicforum]

Partial Stay on Waqf (Amendment) Act, 2025

The Supreme Court of India has granted a partial stay on certain provisions of the Waqf (Amendment) Act, 2025, offering temporary relief to petitioners who had challenged the law. Among the suspended provisions is the controversial clause that required a person to have practiced Islam for at least five years before being allowed to create or dedicate a waqf property.

Court’s Reasoning

The bench clarified that its order does not invalidate the entire law. Instead, it put the contentious provisions on hold until the final hearing. The court reiterated the long-established principle that legislation is presumed to be constitutional unless proven otherwise. It noted that the stay was issued to prevent possible harm to fundamental rights while the matter undergoes judicial scrutiny.

Provisions Under Scrutiny

Apart from the five-year practice clause, two other provisions of the amendment were also put on hold, though the details are yet to be fully disclosed in the public domain. Petitioners argued that these clauses discriminate against individuals based on religion and restrict their freedom to make charitable endowments.

Implications for the Waqf System

Legal experts believe the stay could have far-reaching consequences for the administration of Waqf properties across India. The five-year rule, in particular, was seen by many community leaders as restrictive and arbitrary, potentially discouraging new contributions to religious and charitable institutions.

Next Steps

The Supreme Court has issued notices to the central government, seeking its response. The matter will now proceed for detailed hearings, where the constitutional validity of the contested provisions will be tested. Until then, the stayed provisions will not be enforceable.

Significance

This interim order reflects the judiciary’s role in balancing legislative intent with constitutional safeguards. While the final verdict is awaited, the decision has been welcomed by sections of the Muslim community, who view it as a protection of religious and charitable freedoms guaranteed under the Constitution.