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India’s Supreme Court Suspends Controversial Provisions of Waqf Amendment Act

share-iconPublished: Tuesday, September 16 share-iconUpdated: Tuesday, September 16 comment-icon2 months ago
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India’s Supreme Court Suspends Controversial Provisions of Waqf Amendment Act

Credited from: AA

  • India's Supreme Court has suspended key provisions of the controversial Waqf Amendment Act.
  • The act sought to alter governance over Islamic properties worth billions, leading to widespread protests.
  • Key provisions include limits on non-Muslim appointments to Waqf boards and the authority of the government over disputed properties.
  • At least three fatalities occurred due to violence related to protests against the law.

India’s Supreme Court has temporarily stayed crucial provisions of the Waqf (Amendment) Act 2025, which governs Islamic charitable endowments known as waqf. The act, enacted by the ruling Bharatiya Janata Party in April, was met with significant backlash from opposition parties and Muslim groups who argue that it infringes on their rights to manage their religious properties, often used for community purposes like mosques and orphanages. Protests erupted across the country in response to perceived injustices stemming from the new legislation, leading to at least three fatalities in West Bengal amid escalating tensions, according to aa, BBC, and Dawn.

The Supreme Court, presided over by Chief Justice BR Gavai and Justice AG Masih, opted not to completely annul the act but did halt provisions that could limit the rights of Muslim individuals over waqf properties. Among these provisions, one controversial change required donors to be practicing Muslims for at least five years to establish waqf, which the court described as unnecessary. It also suspended the government's authority to determine the status of disputed properties, emphasizing the need for separation of powers in judicial matters, according to BBC and Dawn.

Further decisions by the court included limiting the number of non-Muslim representatives on waqf boards, allowing no more than four on the federal board and three on state-level boards. The court also encouraged the appointment of Muslim leaders as chief executive officers of waqf boards, asserting that inclusivity in leadership is crucial for managing these significant community properties, according to aa, BBC, and Dawn.

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