Supreme Court Partially Stays Waqf Amendment Act, 2025 What It Means for Waqf Property Management September 15, 2025

Supreme Court Partially Stays Waqf Amendment Act, 2025 What It Means for Waqf Property Management

Date: September 15, 2025

The Supreme Court of India has issued an interim order partially staying certain provisions of the Waqf (Amendment) Act, 2025, creating a major update in the governance of Waqf properties. While the Act itself remains in force, the Court has temporarily suspended the requirement that a person must have practiced Islam for at least five years before dedicating property as Waqf.

Supreme Court’s Key Statement

The Court clarified in its order:
"The requirement for a person to have practiced Islam for five years before creating a Waqf is stayed until appropriate rules are framed by the government. All other provisions of the Act will continue to operate. Waqf Boards must continue functioning, and no third-party rights should be created on disputed properties until rules are clarified."

This ruling highlights the Court’s effort to balance reforms with constitutional protections and the rights of religious communities.

What the Waqf Amendment Act, 2025 Includes

• Modernizing Waqf Management: The Act aims to improve governance and transparency of Waqf properties.
• Digitization of Records: All Waqf properties must now be registered digitally to prevent unauthorized transactions.
• Board Reforms: The Act introduces inclusive representation in Waqf Boards, allowing members from different communities and Muslim sects.

These reforms have been welcomed by some as necessary for efficiency but raised concerns among others regarding religious rights and autonomy.

Mixed Political Reactions

Support: Union Minister Kiren Rijiju praised the Supreme Court’s decision, stating that it validates the government’s reform efforts. He emphasized that most provisions of the Act remain active, ensuring the modernization of Waqf management continues.

Opposition: Leaders such as Tamil Nadu Chief Minister M.K. Stalin and actor-politician Vijay applauded the Court for suspending controversial clauses, highlighting the importance of protecting minority rights and religious freedoms.

Community Leaders: Muslim leaders have expressed cautious optimism, calling the stay a partial victory while awaiting government guidelines to clarify the suspended rules.

What’s Next?

Legal experts note that the stay allows the government time to draft rules for implementing the five-year practice requirement, which has been a key point of contention. The coming months will be crucial in defining how Waqf properties are managed under the Act.

The Supreme Court’s partial stay underscores the sensitivity and importance of Waqf property governance, ensuring reforms proceed while safeguarding the rights of religious communities.