NEW DELHI — The refusal of the Supreme Court to stay the entire Waqf Amendment Act 2025 has caused considerable unrest among Muslim groups, including the All India Muslim Personal Law Board (AIMPLB), which has described the judgment as ‘incomplete and unsatisfactory.’ The Board has vowed to continue protests in response to the decision.
Jamiat Ulama-i-Hind president, Maulana Mahmood Madani, also criticized the court for not staying provisions related to the abolition of “Waqf by user,” a fundamental issue for the Muslim community.
In an interim judgment delivered on Monday, a bench led by Chief Justice of India BR Gavai, along with Justice AG Masih, stayed certain provisions of the Waqf Amendment Act 2025. However, the Court refused to stay the entire Act. The provisions suspended included the requirement that one must practice Islam for five years to declare a Waqf, and the power given to the collector to decide the ownership of Waqf properties.
The Court also placed restrictions on the number of non-Muslim members in Waqf boards and the Central Waqf Council. No more than three non-Muslim members should be included in a Waqf board, and no more than four in the Central Waqf Council.
While opposition parties celebrated the judgment as a victory, Muslim organizations expressed disappointment over the Court’s decision to not stay the entire Act.
“While the Court has granted partial relief, it has not addressed the wider constitutional concerns, leaving us disappointed,” said Dr. Qasim Rasool Ilyas, spokesperson for the All India Muslim Personal Law Board.
He further emphasized that “many crucial provisions, which on the face of it infringe upon the community’s understanding, are completely arbitrary. These have not been stayed at the interim stage. Although the final decision is pending, the way government actions are taking place leads the community to believe that these provisions, if allowed to remain, will be abused.”
The Board, which was one of the petitioners and a leading organization in the protests against the amendment, maintains that the entire Act is a deliberate attempt to weaken and seize Waqf properties. The Board has called for the complete repeal of the Waqf (Amendment) Act 2025 and the restoration of the previous Waqf Act. The refusal to stay the entire Act leaves several contentious provisions in effect, such as the prospective de-recognition of “Waqf by user” and the mandatory requirement of a Waqf deed, which, according to critics, contradicts Islamic law.
Dr. Ilyas reiterated that the Board’s nationwide “Save Waqf Campaign” would continue with full force. The second phase of the campaign, launched on 1 September 2025, includes dharnas, demonstrations, Waqf marches, memorandums, leadership arrests, roundtable meetings, interfaith conclaves, and press conferences. The protests will culminate in a massive rally at Ramlila Maidan, Delhi, on 16 November 2025, with participation expected from across the country.
Maulana Mahmood Madani expressed deep concern over the Court’s order, particularly the remarks on the abolition of “Waqf by user,” which he sees as a critical issue requiring immediate attention.
India has over 400,000 Waqf properties classified under “Waqf by user,” including around 119,000 mosques and 150,000 graveyards, with more than 80 percent of them unregistered. The recent amendment has effectively abolished “Waqf by user,” offering a limited exemption for already registered properties, a change Madani views as superficial and inadequate.
He stressed that removing “Waqf by user” from the law disregards Islamic jurisprudence and centuries-old religious practices. This, he argued, undermines the religious rights of Muslims guaranteed by India’s Constitution. Jamiat Ulama-i-Hind has always maintained that Waqf is a purely religious matter, and no legislation should undermine its religious character or obstruct the right to religious freedom. For this reason, the interim order cannot be deemed satisfactory unless the concept of “Waqf by user” is fully protected.
Madani expressed regret that the Court’s observations in paragraphs 143–152 of the order have further complicated the issue, especially regarding mosques and graveyards. The Court, in its judgment, held that the abolition of “Waqf by user” was not prima facie arbitrary, noting that the requirement for registration has existed since the Waqf Act of 1923. The bench also observed that if Waqf properties had remained unregistered for over a century, no complaint could be entertained now.
Concluding his statement, Maulana Madani affirmed that Jamiat Ulama-i-Hind, along with its legal team and community institutions, will continue the struggle with seriousness and wisdom to ensure the protection of religious freedom and minority rights, as guaranteed by the Constitution of India.
