Supreme Court Stays Certain Provisions of Waqf Amendment Act, Mixed Reactions from Centre and Muslim Representatives
New Delhi: The Supreme Court has stayed a key provision of the Waqf (Amendment) Act, 2025, which mandated that a person must be a practicing Muslim for at least five years before creating a waqf. The Court clarified that this requirement will remain suspended until state governments formulate clear rules to determine how an individual’s adherence to Islam can be verified.
However, the apex court refused to suspend the entire Act, stating that only certain provisions required protection, while the rest did not warrant a blanket stay.
The order drew mixed reactions from the Muslim community. Eidgah Imam and All India Muslim Personal Law Board (AIMPALB) member Maulana Khalid Rashid Farangi Mahali said, “We had demanded a stay on the entire Act, but the Court has not given such an order. Still, we welcome the suspension of certain provisions, such as the five-year requirement for being a practicing Muslim to create a waqf. The Court has also clarified that the CEO of the Waqf Board must be from the Muslim community. The stay on Sections 3 and 4 is a very welcome step, and we hope that in the final judgment, we will receive complete relief.”
Union Minister Kiren Rijiju, on the other hand, welcomed the Supreme Court’s decision. He said, “I welcome the Court’s order… I believe the Supreme Court bench’s ruling is a very positive signal for our democracy. The provisions of the Waqf Amendment Bill broadly benefit members of the Muslim community. I am satisfied with the Court’s decision.”
Advocate Reena N. Singh also weighed in on the matter, stating, “The Supreme Court has stayed 3-4 provisions. These provisions are extremely important, so there is some disappointment, but these are not the final orders. The Court has made it clear that until ownership of waqf property is determined, the government cannot create any third-party interest. Earlier, the Collector had the authority to take possession of alleged waqf property, but the Court has now stayed that. Another significant point is that the five-year clause has also been suspended.”