Waqf Islamic concept but notessential to Islam: Centre to SC

 

 

THE Centre on Wednesday defended the Waqf (Amendment) Act, 2025 in the SupremeCourtandsaidthough Waqf was an Islamic concept, it was not an essential part of Islam. Arguing before Chief Justice B RGavai andJusticeAugustine GeorgeMasih,SolicitorGeneral Tushar Mehta said, “Waqf is an Islamic concept.But it is not an essential part of Islam..Waqf is nothing but just charity in Islam.” “Charity is recognised in every religion, and it cannot beregardedasanessentialtenet of any religion,” he said.

 

Earlier in the day, Mehta asserted nobody could claim right over public land by using Waqf by user principle which wasastatutoryrightandthelaw could take it away. “Waqfbyuser”referstoaconcept where a property is recognised asWaqf based on its longterm use for religious or charitable purposes, even without formal documentation. Responding to the challenge against the validity of the 2025 law, Mehta argued the amended law dealt with the secular aspects of Waqf and activities thatwerenon-essentialtoIslam.

 

Mehtasaidthe“Waqfbyuser” conceptdidnot permit“wholesale takeover of Waqf properties” by the State as alleged. “Waqf by user is not a fundamental right, it is a creature of statute, and what the legislature creates, it can also take away,” he said. Any stay of the provision on abolitionofunregistered“Waqf byuser”propertieswoulddefeat the purpose of the law which hasbeenenactedtoremedythe mischief like usurpation of Government land, Mehta added. “The Centre is the custodian of properties on behalf of 14 crore citizens,” he said, “and nobody has the right over Government land.”