Waqf-by-user denotification would be ‘huge problem

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Background Context

Waqf refers to a permanent dedication of property by a Muslim for religious, pious, or charitable purposes recognized under Islamic law.
Waqf-by-user is a long-standing category where usage and public perception over centuries determine Waqf status, even without formal registration or title deeds.

Relevance : GS 2(Governance)

Key Provisions of the Waqf (Amendment) Act, 2025 Under Challenge

Denotification of Waqf-by-user: Act removes legal recognition for Waqf-by-user category.
Non-Muslims in Waqf bodies: Permits appointment of non-Muslims to administrative bodies like Central Waqf Council.
State authority: Empowers state officials to determine whether a property is Waqf or government-owned.

Supreme Court Proceedings Highlights (April 16, 2025)

Protection of Judicially Recognised Waqf Properties

Properties already declared as Waqf by courts (including Waqf-by-user) not to be denotified temporarily.
- Covers those without registration or deed (e.g., Jama Masjid, Delhi).

Review of Property Status Can Continue

Government officers may continue to assess Waqf vs. government property.
- But freeze on using such properties as non-Waqf in the meantime may be stayed.

Conditional Inclusion of Non-Muslims

Non-Muslims maybeincluded as ex-officio members in Waqf bodies.
- Provided majority of other members remain Muslims, preserving religious representation.

General Non-Intervention in Legislation:
- Court respects Parliament’s law-making power.
- But exceptional circumstances (e.g., rights, historical injustice) allow judicial scrutiny.

Current Status

Broader Implications

Raises questions on constitutional protection of religious and minority rights.
Balancing secular state administration with religious autonomy.
Legal debate on retrospective invalidation of community-accepted property usage.