Policing charity, Pg 10.

Key Highlights:

• The Supreme Court issued an interim order on Monday regarding petitions challenging the Waqf (Amendment) Act, 2025.
• The court stayed Section 3(r) of the Act, which deals with determining who is a "practising Muslim," until specific rules are framed.
• The court upheld the abolition of waqf by user, citing encroachment on government lands.
• The court refused to stay the application of limitation laws to waqf properties.

Detailed Insights:

• The Waqf (Amendment) Act, 2025 aims to regulate Islamic philanthropy, but has faced challenges regarding its constitutionality.
• Section 3(r) of the Act is problematic as it potentially grants executive officials the power to assess the religiosity of citizens, raising concerns about moral policing.
• The court's distinction between "professing Islam" and "practising Islam" could allow state officials to judge an individual's religious adherence.
• The Act's denial of the right to create a waqf to non-Muslim property owners may infringe upon their ownership rights.
• The concept of waqf by user has been abolished due to concerns about encroachment on government lands, despite previous court rulings supporting it.
• The court's decision not to extend the registration time beyond six months is a setback for petitioners.
• The court stayed the provision in Section 3(c), preventing executive officers from determining property titles, citing a violation of the separation of powers.
• The Waqf Act could have been an opportunity to initiate a Uniform Civil Code (UCC).

Key Concepts Involved:

• Waqf: An Islamic endowment where a property is donated for religious or charitable purposes with no ownership rights retained by the founder.
• Waqf by User: A waqf established through long-standing use of a property for religious or charitable purposes, even without formal documentation.
• Uniform Civil Code (UCC): A proposed set of laws in India that would govern personal matters like marriage, divorce, and inheritance for all citizens, regardless of religion.