Last Updated on September 15, 2025 5:47 pm by INDIAN AWAAZ
Staff Reporter | New Delhi |
The All India Muslim Personal Law Board (AIMPLB) has voiced dissatisfaction with the Supreme Court’s interim order on the Waqf (Amendment) Act 2025, calling the judgment “incomplete and unsatisfactory.”
Board spokesperson Dr. S.Q.R. Ilyas said while some contentious provisions have been stayed, the community had expected the apex court to halt all clauses that contradict constitutional principles. “The partial relief does not address wider constitutional concerns, leaving us disappointed,” he remarked.
He warned that several arbitrary provisions remain in force and could be misused by government authorities, given their “prejudiced functioning.”
The Board reiterated its stance that the amendment is a “deliberate attempt to weaken and seize waqf properties,” demanding complete repeal of the 2025 Act and restoration of the earlier law. It highlighted continued risks, including the proposed de-recognition of “waqf by user” and mandatory requirement of a waqf deed, both contrary to Islamic legal traditions.
Dr. Ilyas announced that the Save Waqf Campaign will intensify. Its second phase, launched on 1 September, includes protests, dharnas, marches, leadership arrests, interfaith meetings, and press conferences. The campaign will culminate in a nationwide rally at Delhi’s Ramlila Maidan on 16 November 2025, with participation from across the country.
The Supreme Court’s interim order has provided relief on the following aspects:
1. Protection of Property Rights:
The Court ruled that waqf properties cannot be dispossessed or altered in official records until a final decision is delivered. It stayed the provision that required a government officer’s report to validate waqf ownership, observing that executive authorities cannot decide property rights of citizens.
2. Prevention of Arbitrary Powers:
The Court has stayed the operation of Section 3C of the Act and clarified that a government officer cannot have the unilateral authority to decide who is eligible to create a waqf. It has also stayed the proviso that said that a property would cease to be treated as Waqf during an inquiry ( The judgment directs that no Waqf shall be dispossessed or have its records altered until the matter is fully adjudicated by the Waqf Tribuna
3. Separation of Powers:
The Court emphasized that the revenue officer cannot be entrusted with the work of determination of the title of a property keeping in view the principle of separation of powers.
4. Non-Muslim Membership:
Addressing the grave concerns of external interference in religious management, the Court has directed that the Central Waqf Council shall not consist of more than 4 non-Muslim members (out of 22). Similarly, the State Waqf Boards shall not have more than 3 non-Muslim members (out of 11)
5. Practicing Muslim for 5 years requirement:
The Court has stayed the arbitrary requirement that a person must show or demonstrate that they have been “professing Islam for at least five years” to create a Waqf. This stay will remain in effect until the government frames rules for such determination