New Delhi: Leading Muslim organisations have intensified their opposition to the Waqf (Amendment) Act, 2025, demanding its complete repeal after the Supreme Court Monday refused to stay key provisions challenged as “arbitrary” and “unconstitutional”.
The main concerns remained after the court declined to stay the provision that ends the concept of ‘waqf-by-user’ (practice of designating a property as religious endowment or waqf, based on its long-standing public use for religious purposes, even without formal documents or written declarations).
The All India Muslim Personal Law Board (AIMPLB) expressed disappointment, saying the interim order was incomplete and unsatisfactory, and vowed to continue its protest against the ‘unconstitutional’ Act.
The Jamaat-e-Islami Hind said the Supreme Court’s interim order on the Waqf (Amendment) Act, 2025 exposed major constitutional flaws and blocked arbitrary government provisions.
“The stay of this provision again upholds our position. We had consistently argued that it was discriminatory, arbitrary and impractical. The court’s intervention demonstrates that such unconstitutional clauses cannot withstand judicial scrutiny. We now expect that the final order will strike it down completely,” said Syed Sadatullah Husaini, president, Jamaat-e-Islami Hind.
Indian Muslims for Civil Rights (IMCR) described the order as a relief and a sign of hope. However, Muslim organisations are demanding the entire Act be scrapped as it is “illegal”.
Former Rajya Sabha MP Mohammed Adeeb (80), chairman of IMCR, actively opposed the 2025 Waqf (Amendment) Act and earlier served on the 2013 amendment committee. According to him, the interim order provides some relief to Muslims by staying certain provisions and delivers a major setback for the BJP government in Uttar Pradesh.
“Yogi has been trying to take over land in entire Uttar Pradesh for the past two months. (This) has given a lot of relief from him. We were saying that this is an illegal bill, and it has been proved,” he told ThePrint. Adding, “The BJP had a clear stand to take over all our lands. A lot of things have been left, but this is a big relief.”
He emphasised that Muslim organisations will not tolerate a “Babri-like judgment” and don’t want to make waqf another Babri. “We accepted the Babri Masjid judgment, but our organisation, along with other Muslim groups, decided that we would fight this at all costs.”
The concerns remain, as Muslim organisations maintain that a stay on only three provisions cannot halt their campaign against the contentious Waqf (Amendment) Act 2025, which they allege the Modi government introduced with ill intentions. “There are many other things that will cause us a lot of damage in the future. So, there should have been a stay on that as well. In fact, there should have been a stay on all of them,” said Mohammed Khalid Khan, former joint secretary at the Rajya Sabha Secretariat.
While this interim order has sparked a ray of hope among some, major organisations like the All India Muslim Personal Law Board and Jamaat-e-Islami Hind have decided to continue their movement.
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‘Waqf-by-user a major issue’
Muslim organisations ThePrint spoke to see ‘waqf-by-user’ properties as the first major issue. These properties have become the focal point of their campaign against the amended law. Since the court in its interim order declined to stay the provision that ends the concept of ‘waqf-by-user’, they are waiting for the final judgment. Husaini says the provision abolishing ‘waqf-by-user’ continues to endanger thousands of historic mosques, graveyards, and Eidgahs established and maintained for centuries without formal deeds.
“We have always maintained that this principle is essential in a country like India, where countless religious institutions of all communities exist without documentation. We hope that the court will uphold this in the final order,” he added.
However, Adeeb considers this an injustice. If the Supreme Court allows the appointment of three to four non-Muslims to Waqf boards and the Central Waqf Council, it should also give Muslims the opportunity to be appointed for the endowments to non-Muslims, he said.
Adding, “The Supreme Court has indicated that non-Muslims can be included, and because India is a secular country, Muslims also have the right to be part of such trusts.”
Qasim Rasool Ilyas, spokesperson of the All India Muslim Personal Law Board, is playing a key role in protests against the amended law. He said the second phase, launched on 1 September, includes dharnas, marches, demonstrations, memorandums, interfaith conclaves, and press conferences. “While the court has granted partial relief, it has not addressed wider constitutional concerns, which has left us disappointed,” he told ThePrint.
He said the Supreme Court has not addressed the issue of protected monuments under the Archaeological Survey of India (ASI). He expressed serious concern that Muslim communities are not being allowed to designate their land as waqf.
“Tribals have been banned from waqf. That is, if a Muslim is a tribal and lives in a tribal area, then he cannot waqf his property,” he said.
Ilyas added the Supreme Court had issued only an interim order, and the constitutional bench would hear the case and deliver the final judgment. “After (the case goes to) the constitutional bench, the real case will start.”
In its interim order, the court agreed to suspend the implementation of three provisions on procedural grounds. These provisions will remain on hold until the Supreme Court delivers its final judgment on the petitions challenging the 2025 Act. Section 3(r) (now stayed) allows only those practising Islam for at least five years to donate property for waqf.
A part of Section 3(c)(2), stayed by the court, allows the government to revoke waqf land recognition during disputes or encroachment claims until the collector’s verdict.
Sub-sections 3 and 4, also stayed, empower the collector to amend records if land is found to be government-owned, and allow the government to direct the waqf board chief to update its records accordingly.
(Edited by Viny Mishra)
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