New Delhi – The recently passed Waqf Amendment Bill 2025 has triggered a legal storm, with two prominent opposition leaders—Congress MP Mohammed Jawed and AIMIM chief Asaduddin Owaisi—moving the Supreme Court to challenge its constitutional validity. The petitions, filed separately, argue that the new law infringes upon the religious and property rights of the Muslim community and violates several fundamental provisions of the Constitution.
Cleared by both Houses of Parliament after an extended debate in the Rajya Sabha, the Waqf Amendment Bill 2025 introduces sweeping changes to the governance of Waqf properties in India. These changes include transferring administrative powers from Waqf Boards to district collectors, mandating the inclusion of non-Muslim members in Waqf Boards, and removing the legal concept of “Waqf by user”—a provision that historically allowed recognition of religious property based on long-standing community use.
Jawed, who served on the Joint Parliamentary Committee examining the Bill, contends that the amendments impose arbitrary restrictions on the Muslim community’s ability to manage Waqf assets. “The law undermines religious autonomy and disproportionately increases state control over Muslim religious endowments, unlike the relative self-regulation enjoyed by Hindu and Sikh trusts,” he states in his petition.
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Owaisi, represented by advocate Nizam Pasha, emphasized that Waqfs are central to the practice of Islam and enjoy constitutional protection under Articles 25 and 26, which guarantee the right to practice and manage religious affairs. He argued that the Supreme Court must act as a constitutional guardian in an era of “majoritarian politics” to prevent “the tyranny of the majority.”
Both petitions raise concerns over violations of Article 14 (right to equality), Article 15 (prohibition of discrimination), Article 25 (freedom of religion), Article 26 (management of religious affairs), and Article 300A (protection of property rights). Petitioners argue that the law introduces manifestly arbitrary classifications, especially with regard to recent converts to Islam, who are restricted from dedicating property as Waqf based on the duration of their religious practice—a condition with no basis in Islamic law or precedent.
Another contentious change is the restructured Waqf Tribunal system, which critics say reduces the presence of individuals with expertise in Islamic law, thereby impacting fair adjudication in disputes concerning Waqf properties.
The Supreme Court is expected to take up the matter for preliminary hearing soon. Meanwhile, the debate around the Waqf Amendment Bill 2025 continues to fuel broader discussions on religious freedom, minority rights, and the role of the state in managing religious institutions.
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