In Focus by The Hindu Decoding the Supreme Court’s interim order on Waqf (Amendment) Act, 2025
Sep 19, 2025
In this insightful discussion, eminent advocate Tasneem Ahmadi delves into the Supreme Court's interim order on the Waqf (Amendment) Act, 2025. He explains the implications of the stay on key provisions, such as the five-year practice rule for Waqf creation and the power of District Collectors in determining Waqf status. Ahmadi highlights the challenges posed by deleting waqf-by-user and its potential impact on charities, while addressing the complexities of non-Muslim representation on Waqf boards and the associated legal landscape.
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Waqf Is A Perpetual Religious Endowment
- Waqf is a perpetual dedication of property to the Almighty that removes it from private inheritance.
- Tasneem Ahmadi emphasizes the social role of waqfs in funding mosques, hospitals, and orphanages over time.
Removing Waqf-By-User Risks Reverting Charities
- Deleting "waqf by user" risks reverting long-standing charitable uses back to private owners.
- Ahmadi warns this change will disrupt orphanages and other charities and create mass litigation.
Prepare Documentation For Existing Waqfs
- Expect confused ownership disputes over properties long used as waqfs without deeds; prepare documentary evidence.
- Affected institutions and trustees should collate usage records and witnesses before litigation mounts.