Waqf Amendment Act 2025: A Landmark Supreme Court Verdict

Published on: 15-09-2025
Supreme Court and Parliament of India representing judiciary and executive

On September 15, 2025, the Supreme Court of India delivered a pivotal Waqf Amendment Act 2025 Supreme Court verdict, reshaping the debate over Waqf properties encroachment and minority rights. Chief Justice B.R. Gavai, alongside Justice A.G. Masih, issued a nuanced interim order, refusing a blanket stay on the Waqf Amendment Act 2025 but halting key provisions to protect Muslim religious endowments while addressing reforms. This ruling impacts Waqf properties—Islamic endowments for mosques, schools, and graveyards—valued at ₹1.2 lakh crore (about $14 billion).

Notified on April 8, 2025, after President Droupadi Murmu’s assent, the Waqf Amendment Act 2025 modernizes the 1995 Waqf Act to tackle Waqf properties encroachment through digital registration, audits, and diverse Waqf board representation. Over 100 petitioners, including Muslim organizations and leaders like AIMIM’s Asaduddin Owaisi, challenged it as a threat to minority rights, citing potential violations of constitutional protections for equality (Article 14), religious freedom (Article 25), and religious management (Article 26). The May 2025 hearings exposed a divide: the government pushed for transparency to recover encroached lands, while critics feared politicization of Muslim religious endowments.

Core Reforms and Stayed Provisions in Waqf Amendment Act 2025

The Waqf Amendment Act 2025 targets over 8 lakh Waqf properties spanning 9.4 lakh acres, which yield only 0.01% revenue despite their potential. Government data highlights a 116% surge in Waqf properties encroachment from 2013 to 2024, with 7% of registered properties illegally occupied, often prime urban plots in Delhi and Mumbai repurposed for commercial gain.

The Supreme Court Waqf verdict stayed critical provisions to balance Waqf board reforms India with minority rights:

CJI B.R. Gavai presiding over the Supreme Court hearing
CJI B.R. Gavai presiding over the Supreme Court hearing(Symbolic Image)
  • Five-Year Islam Practice Rule: Halting the requirement that Waqf creators practice Islam for five years, ensuring inclusivity for Muslim religious endowments.
  • Waqf-by-User Doctrine: Staying the Act’s omission of recognizing long-term religious use as valid Waqf, protecting historic sites like ancient mosques without formal deeds from reclassification in Waqf properties encroachment disputes.
  • District Collector Powers: Limiting collectors’ authority over Waqf-government land disputes to prevent overreach in Islamic trusts disputes.
  • Non-Muslim Inclusion: Partially staying non-Muslim representation on Waqf boards to safeguard minority rights Waqf Act concerns.

Parliamentary Affairs Minister Kiren Rijiju defended the Act’s constitutionality, while Tamil Nadu CM M.K. Stalin hailed the stays as a check on “unconstitutional” moves. All India Muslim Personal Law Board’s Syed Qasim Rasool Ilyas called it a “relief” for Muslim religious endowments, preventing immediate seizures.

Human Impact: Voices Behind Waqf Properties

The Waqf Amendment Act 2025 Supreme Court verdict resonates deeply in communities. In Delhi’s Old Quarter, the 150-year-old Jamia Masjid-e-Qadeem, a Muslim religious endowment built in the 1870s, faces uncertainty. Imam Abdul Rahman, 62, says, “This mosque is our heritage. The Waqf by user provision stay protects our community’s soul.” Nearby, Priya Sharma, 35, whose family lost land to Waqf properties encroachment, supports reforms: “Transparent Waqf board reforms India could unlock housing for millions.”

Protests outside the Supreme Court—lawyers in black robes, crowds with “Save Minority Rights” signs—and rallies in Lucknow and Hyderabad reflect high stakes. Activist Ayesha Khan warns, “The Waqf Amendment Act 2025 risks echoing Partition-era seizures, undermining minority rights Waqf Act protections.” Urban developers, however, see reclaimed Waqf properties as a solution to India’s housing crisis for its 1.4 billion population.

Protesters rally outside a Delhi mosque for minority rights
Protesters rally outside a Delhi mosque for minority rights

Global Context: Waqf Amendment Act 2025 in Perspective

The Supreme Court Waqf verdict mirrors global religious property disputes. In the U.S., the Religious Land Use and Institutionalized Persons Act balances church rights against zoning laws, akin to Waqf board reforms India versus minority rights. Europe’s post-2024 election climate, with France and Germany scrutinizing Islamic centers, parallels Waqf properties encroachment narratives amid rising Islamophobia.

Qatar’s Prime Minister’s September 14, 2025, remarks on Middle East conflicts, post an Israeli strike in Doha, highlight global double standards. U.S. diplomats may reference this Waqf Amendment Act 2025 ruling in human rights talks. If upheld, it could inspire Waqf digitization in Indonesia or Turkey; a broader stay might trigger UN appeals, framing it as a minority rights Waqf Act violation under international law.

Constitutional lawyer Karuna Nundy calls the verdict “a federalist balance for equity.” Sociologist Imtiaz Ahmad notes, “In polarized India, the Waqf Amendment Act 2025 risks unrest but could democratize Waqf benefits through transparent Islamic trusts disputes resolution.”

Future Outlook: Waqf Amendment Act 2025’s Path Forward

This interim Supreme Court Waqf verdict allows audits and registrations but delays seizures, impacting Waqf boards’ revenue—potentially ₹4 lakh crore in Telangana alone. A final upholding could accelerate Waqf properties encroachment recovery but spark protests, as seen in 2024. Track state responses and global reactions for ties to broader geopolitical narratives.

Waqf Amendment Act 2025 human impact Muslim endowments
Imam and resident family

FAQs

1. What is the Waqf Amendment Act 2025 Supreme Court verdict?

On September 15, 2025, the Supreme Court stayed key Waqf Amendment Act 2025 provisions, like the Waqf by user rule, while upholding its broader framework.

2. How does the Supreme Court Waqf verdict tackle Waqf properties encroachment?

It enables audits to recover ₹1.2 lakh crore in encroached Waqf properties but stays provisions risking arbitrary seizures of Muslim religious endowments.

3. Does the Waqf Amendment Act 2025 threaten minority rights?

Critics say it risks Muslim autonomy; the Supreme Court verdict mitigates this by staying clauses to protect minority rights Waqf Act concerns.

4. Which provisions were stayed in the Waqf Amendment Act 2025?

Stays include the five-year Islam practice rule, Waqf by user omission, collector powers, and partial non-Muslim board inclusion for balanced Waqf board reforms India.

5. How does the Supreme Court Waqf verdict impact global religious rights?

It parallels U.S. and European disputes, potentially shaping UN discussions on minority rights amid Waqf properties encroachment reforms.

Aawaaz Uthao: We are committed to exposing grievances against state and central governments, autonomous bodies, and private entities alike. We share stories of injustice, highlight whistleblower accounts, and provide vital insights through Right to Information (RTI) discoveries. We also strive to connect citizens with legal resources and support, making sure no voice goes unheard.

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