Waqf Act Row: AIMPLB Expresses Disappointment With Supreme Court's Interim Order

Expressing disappointment over the Supreme Court's interim order in the Waqf case, the All India Muslim Personal Law Board (AIMPLB) on Monday said it was "unsatisfactory" as the refusal to stay the entire law leaves "numerous harmful provisions" in operation, including the prospective de-recognition of 'Waqf by user'.

The Muslim body also asserted that its 'Save Waqf Campaign' will continue with full strength and nationwide protests will culminate in a massive rally at Ramlila Maidan in Delhi on November 16.

AIMPLB spokesperson S Q R Ilyas said the Board maintains that the entire amendment is a deliberate move to weaken and seize waqf properties and, therefore, demands the complete repeal of the Waqf (Amendment) Act, 2025.

The AIMPLB has expressed disappointment over the Supreme Court's interim judgment on the Waqf (Amendment) Act 2025, describing it as "incomplete and unsatisfactory", a statement said.

Ilyas said in the statement that although the apex court has stayed certain provisions of the amendment, the Muslim community, the Muslim Personal Law Board and justice-seeking citizens had expected a stay on all clauses that contradict the fundamental provisions of the Constitution.

"While the court has granted partial relief, it has not addressed the wider constitutional concerns, leaving us disappointed," Ilyas said.

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"Many crucial provisions, which on the face of it end in understanding of the community at large, are completely arbitrary and have not been stayed at the interim stage. The final decision is yet to come but the community feels that the provisions not stayed at this stage shall be abused because of the prejudiced manner in which the government functionaries work," he said.

Ilyas noted that the Supreme Court's interim order has provided relief on certain aspects such as it has ruled that waqf properties cannot be dispossessed or altered in official records until a final decision is delivered.

"It stayed the provision that required a government officer's report to validate waqf ownership, observing that executive authorities cannot decide property rights of citizens," Ilyas said.

The court has stayed the operation of Section 3C of the Act and clarified that a government officer cannot have the unilateral authority to decide who is eligible to create a waqf, he said.

"It has also stayed the proviso which said that a property would cease to be treated as Waqf during an inquiry (The judgment directs that no Waqf shall be dispossessed or have its records altered until the matter is fully adjudicated by the Waqf Tribunal," he said.

The court emphasised that the revenue officer cannot be entrusted with the work of determining the title of a property keeping in view the principle of separation of powers, Ilyas said.

"Addressing the grave concerns of external interference in religious management, the Court has directed that the Central Waqf Council shall not consist of more than 4 non-Muslim members (out of 22). Similarly, the State Waqf Boards shall not have more than 3 non-Muslim members (out of 11)," he said.

Ilyas also pointed out that the court has stayed the arbitrary requirement that a person must show or demonstrate that they have been "professing Islam for at least five years" to create a waqf.

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"This stay will remain in effect until the government frames rules for such determination," he said. The Board, however, maintains that the entire amendment is a deliberate move to weaken and seize waqf properties, Ilyas said.

"It therefore demands the complete repeal of the Waqf (Amendment) Act 2025 and the restoration of the earlier Waqf Act. The refusal to stay the entire Act leaves numerous other harmful provisions in operation, including the prospective de-recognition of 'Waqf by user' and the mandatory requirement of a Waqf deed, which goes against the established tenets of Islamic law," he said.

Ilyas further said the Board's Save Waqf Campaign will continue with full strength.

"The second phase of the campaign, launched on September 1, 2025, includes dharnas, demonstrations, waqf marches, memorandums, leadership arrests, roundtable meetings, interfaith conclaves, and press conferences," he said.

Nationwide protests will culminate in a massive rally at Ramlila Maidan in Delhi on November 16 with participation from across the country, he said.

The Supreme Court on Monday put on hold a few key provisions of the Waqf (Amendment) Act, 2025, including a clause that only those practising Islam for the last five years could create waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.

"Presumption is always in favour of constitutionality of a statute and intervention (can be done) only in the rarest of rare cases," a bench of Chief Justice B R Gavai and Justice Augustine George Masih said in its 128-page interim order on the contentious issue.

The bench further said, "We do not find that any case is made to stay the provisions of the entire statute. The prayer for stay of the impugned Act is, therefore, rejected."

However, in order to "protect the interest of parties" and "balancing the equities", the order stayed some provisions including the powers accorded to a Collector to adjudicate the status of waqf properties and ruled on the issue of non-Muslim participation in Waqf Boards.

(Except for the headline, the story has not been edited by The Daily Jagran. Credit: PTI)