Letter and spirit, Pg6

Key Highlights:

• The Supreme Court delivered a judgment on September 15 regarding the Waqf (Amendment) Act, 2025, which amends the 1995 Waqf Act.
• The Court put several controversial provisions on hold but refused to freeze the entire Act.
• The Court stayed the requirement that only Muslims practicing for five years can create waqf.
• Restrictions on waqf status for protected monuments and tribal lands were deemed constitutionally valid.

Detailed Insights:

• The government views the amendments as necessary to curb alleged misuse and corruption under the earlier Waqf Act.
• Critics see the amendments as arbitrary interference in the affairs of the Muslim community.
• The Court capped non-Muslim members in the Central Waqf Council and State Boards.
• The removal of the provision for waqf-by-user recognition has been upheld, protecting properties registered as of April 8, 2025.
• The Court directed that CEOs of Waqf Boards should preferably be Muslims.
• The larger question of balancing religious autonomy and state regulation continues.
• The state has the responsibility to ensure that people are not exploited, without discriminating between religious groups.

Key Concepts Involved:

• Waqf: An irrevocable religious endowment under Islamic law, typically involving the donation of land or property for charitable or religious purposes.
• Religious Autonomy: The degree to which a religious group can practice its beliefs and govern its affairs independently of government interference.
• Constitutionality: The extent to which a law or legal provision is in accordance with the principles and provisions of a country's constitution.