How does SC’s order affect Waqf law?, Pg8

Key Highlights:

• The Supreme Court declined to suspend the Waqf (Amendment) Act, 2025 entirely but stayed certain provisions [i].
• Provisions stayed include those empowering District Collectors to decide on waqf property ownership and the requirement of five years of practicing Islam to create a waqf [i].
• The court capped the number of non-Muslims on the Central Waqf Council at four and on State Waqf Boards at three [i].
• The court upheld the removal of the doctrine of "waqf by user" and the requirement of registering waqf properties on a central digital portal [i].

Detailed Insights:

• The Waqf Act of 1995 was amended in 2025 to streamline the administration of waqf properties, but critics argue it extends state control over religious institutions [i].
• Petitioners challenged the 2025 law, claiming it infringes on the Muslim community's right to manage religious affairs under Article 26 and Article 30 of the Constitution [i].
• The Solicitor General defended the amendments as promoting transparency and accountability, with the inclusion of non-Muslim members ensuring inclusivity [i].
• The court clarified that land belonging to Scheduled Tribes or protected monuments cannot be declared waqf, citing constitutional safeguards and statutory protections [i].
• The court allowed the application of the Limitation Act, 1963, to waqf properties, ending the exemption that allowed Waqf boards to reclaim encroached property without time constraints [i].
• The court's interim order balances interests by preventing dispossession of waqf properties during proceedings but restricts mutawallis from creating third-party rights [i].
• Academician Faizan Mustafa noted that the five-year practice requirement empowers state officials to adjudicate an individual’s religiosity, potentially policing private religious choices [i].

Key Concepts Involved:

• Waqf: A charitable endowment under Islamic law, dedicating property for religious or philanthropic purposes.
• Mutawalli: A custodian or manager of waqf properties, responsible for their upkeep and administration.
• Article 26: A constitutional right guaranteeing religious groups the freedom to manage their own affairs.