A legal battle will begin on Wednesday in the Supreme Court regarding the Waqf law. The petitions will be heard from 2 pm. The bench of CJI Sanjeev Khanna and Justice Sanjay Kumar will do this hearing, although earlier this hearing was to be held by the bench of three judges. One party has demanded the cancellation of the amendment as unconstitutional. At the same time, it is described as arbitrary and discriminatory from Muslims. The Supreme Court has also demanded a ban on the implementation of the Act. Leaders of parties like Congress, JDU, AAP, DMK, CPI have also challenged the act. Along with this, religious institutions like Jamiat Ulema Hind, All India Muslim Personal Law Board and NGOs have also against the amendment.
At the same time, many petitions have also been filed in support of the Act. State MP, Rajasthan, Chhattisgarh, Assam, Maharashtra and Uttarakhand etc. with BJP government have also filed an application and demanded to form a party. He has also defended the act. At present, there are many petitions challenging the Act in the Supreme Court.
Asaduddin Owaisi
Asaduddin Owaisi has stated in his petition that the Amendment Act ends various security that was earlier given to Waqf. Reducing the security provided to Waqf properties while maintaining such security for religious and charitable arrangements of other religions is hostile discrimination against Muslims and a violation of Article 14 and 15 of the Constitution, which restrictions on discrimination on the basis of religion, while Parliament represents people’s will. In the era of today’s majority politics, this honorable court has to discharge its constitutional duties as a vigilant watchdog to protect the minorities from the atrocities of the majority.
Amanatullah Khan, AAP MLA
The inclusion of non-Muslim members in the Central Waqf Parishad and State Waqf boards under sections 9 and 14 is a violation of Article 14, as it creates a classification that is not based on a clear difference, nor has any rational connection with the purpose of religious property administration. Section 3 (R) of the Amendment Act restrictions only to the Muslims who have followed Islam for at least 5 years and who own the property. This disqualifications the historical forms of Waqf by user and informal dedication.
Association for the Protection of Civil Rights (APCR)
In the functioning of the Makf Board or Mutawallis (career of Waqf properties), the disability can be effectively addressed through discussion and appointment of advisors, as recommended by the Sachar Committee report 2006.
– The comprehensive change proposed by the Amendment Act is not only unnecessary, but also a dangerous intervention in religious matters of the Muslim community.
– These changes will weaken the basic objective of Waqf, which is a deeper practice in the references of the Quran and the Hadith from the time of Prophet Mohammed.
Maulana Arshad Madani, Jamiat Ulema A Hind
– Many Waqf properties will be unsafe due to the mandatory time limit to upload details on the online portal and database envisaged under the Amendment Act.
– It endangers the existence of a large number of historical Waqfs, especially the existence of the Waqfs made without oral dedication or formal deeds
– The definition of Waqf has challenged the removal of ‘Waqf’ by the user
– It states that the ‘Waqf’ was an evidence equipment developed by the courts and the removal of it would deprive a large number of old mosques and graveyards of judicial principle, which was specially recognized by the Supreme Court in the Ayodhya judgment of 2019.
All Kerala Jamiatul Ulema
– 2025 Act is designed to weaken the state Waqf boards and convert Waqf properties into government assets.
– Amendment will distort the religious character of Waqf. At the same time, the democratic process that controls the administration of Waqf and Waqf boards will also irreversibly damage.
– 2025 Act is a clear interference in the rights of the religious sect to manage its religious affairs, which is preserved under Article 26 of the Constitution of India.
Anjum Qadri
-The amendment in the fanatic property sets a “dangerous and discriminatory example, which weakens the fundamental principles of equality, religious freedom and protection of minority rights.
-In order to maintain the validity and purity of the judicial example and to protect the constitutional rights of the Muslim community, the omission of ‘Waqf’ by the user and the Act must be reconsidered.
Tayyab Khan Salamani
-Who can create a book, the ban on the Muslim Personal Law (Shariat) Application Act, 1937 is in direct collision with sections 3 and 4, which does not determine any other condition, except that the person should be a Muslim. The Indian Contracts should be able to contract within the meaning of Section 11 of the Act and should be residents of areas on which the 1937 Act applies.
Mohammad Shafi
– What cannot be done directly cannot be done indirectly.
– The Waqf (Amendment) Act, 2025 interferes with the dedicators, users and manager of Waqf properties.
Mohammad Fazlurrahim, General Secretary of All India Muslim Personal Law Board
-Dinium should not be isolated, but should be seen in the context of different other executive orders, policing methods, real and raw use of power and subordinate legislations that together attack the principles of brotherhood, equality and equal protection of law.
– To understand whether the Act is against the principle of constitutional morality, both the lesson and reference of the law are important.
Dr. Manoj Kumar Jha and Fayaz Ahmed, MP JDU
– Articles 1, 14, 15, 21, 25, 26, 29, 30 and 300 A of the Constitution have challenged the Act on the basis of violations.
– The petition states that the law separates Muslim religious arrangements for government control, causing discrimination on the basis of religion by violating Article 14 and 15.