‘Waqf Interim Judgement Incomplete, Unsatisfactory’: Muslim Law Board On Supreme Court Order
New Delhi, September 15, 2025: The All India Muslim Personal Law Board (AIMPLB) has voiced dissatisfaction with the Supreme Court’s interim judgement on the Waqf (Amendment) Act 2025, labelling it as both “incomplete” and “unsatisfactory.” In a strongly worded press release, the Board expressed disappointment that while the top court has stayed certain contentious provisions of the Act, it failed to address broader constitutional concerns raised by the Muslim community and other justice-seeking citizens.
Dr SQR Ilyas, the Board’s spokesperson, articulated the community’s frustration, noting that the interim order only partially alleviates the issues posed by the amendment. “The Muslim community, along with the AIMPLB, had hoped for a comprehensive stay on all clauses that violate the Constitution’s fundamental provisions,” Dr. Ilyas stated. He highlighted that several “arbitrary” provisions remain operational, raising fears of potential misuse by government functionaries. “The final decision is pending, but the prejudiced manner in which authorities operate leaves the community apprehensive about the provisions not stayed,” he added.
The Supreme Court’s interim order, delivered on Monday, offers relief on several key aspects of the Act. Firstly, it protects waqf property rights by ruling that no waqf properties can be dispossessed or have their records altered until a final verdict is reached. The Court also struck down a provision requiring a government officer’s report to validate waqf ownership, asserting that executive authorities lack the jurisdiction to determine property rights. Secondly, it addressed concerns over arbitrary powers by staying Section 3C of the Act, which had granted unilateral authority to government officers to decide eligibility for creating a waqf. Additionally, the Court clarified that no property will lose its waqf status during inquiries, ensuring stability until the Waqf Tribunal fully adjudicates the matter.
The judgement also reinforces the principle of separation of powers, stating that revenue officers cannot determine property titles. To address concerns about external interference in religious matters, the Court mandated that the Central Waqf Council include no more than four non-Muslim members out of 22, and State Waqf Boards no more than three out of 11. Furthermore, it stayed an arbitrary requirement that individuals must prove they have been “professing Islam for at least five years” to create a waqf, pending the government’s framing of relevant rules.
Despite these measures, the AIMPLB remains critical, arguing that the amendment represents a deliberate attempt to undermine and seize waqf properties. The Board is particularly concerned about provisions not stayed, such as the prospective de-recognition of ‘Waqf by user’ and the mandatory requirement of a waqf deed, which it claims contradicts established Islamic law principles. The AIMPLB has called for the complete repeal of the Waqf (Amendment) Act 2025 and the restoration of the previous Waqf Act to safeguard the community’s interests.
In response to the interim order, the AIMPLB has vowed to intensify its Save Waqf Campaign, launched on September 1, 2025.
The campaign’s second phase includes nationwide dharnas, demonstrations, waqf marches, memorandums, leadership arrests, roundtable meetings, interfaith conclaves, and press conferences. These efforts will culminate in a massive rally at Ramlila Maidan, Delhi, on November 16, 2025, expected to draw significant participation from across India.
