'Cannot Enforce Without Rules': Supreme Court Stays 5-Year Islamic Practice Among Other Key Provisions Of Waqf Amendment Act 2025 In Interim Order

New Delhi: The Supreme Court on Monday, September 15, stayed key provisions of the Waqf (Amendment) Act 2025 in an interim order. This includes the contentious five-year religious qualification to create a Waqf and the provision allowing government officers to adjudicate property disputes.

The order was passed by a bench of Chief Justice of India BR Gavai and Justice AG Masih.

Here are the key provisions put on hold by the Court temporarily:

5-Years of Islamic Practice

The Court stayed Section 3(1)(r) of the amended Act, which mandated that a person must be a practitioner of Islam for fiver years before creating a Waqf. The bench held that this condition cannot be enforced until State Governments frame rules for determining who qualifies as a practitioner of Islam.

Property Dispute Clause

Additionally, the Court stayed the provision that allowed designated government officers to decide whether a Waqf property had encroached on government land. It held that permitting Executive Officers to adjudicate such matters violates the principle of separation of powers. However, it clarified that no third-party rights may be created until the matter is decided by the Tribunal.

Non-Muslim Members on Waqf Boards Not Barred

While the Court did not stay the provision allowing non-Muslim members on Waqf Boards, it observed that, as far as possible, ex-officio members should be Muslims, according to a report by Live Law. For the Central Waqf Council, not more than four non-Muslim members may be appointed, and for State Boards, the number should not exceed three.

Registration Rule Upheld

The Court also upheld the registration requirement for Waqfs, saying that it was not a "new condition" and already existed under the 1995 and 2013 enactments. However, the deadline for registration has been extended, with the timeline to be specified in the detailed judgment.

The bench had reserved its order on May 22 after hearing arguments across three days. The petitions, filed by political leaders, civil rights groups and religious organisations, challenge several provisions of the 2025 amendments on constitutional grounds.

Intervention applications in support of the law were filed by BJP-led states including Assam, Rajasthan, and Maharashtra.

All India Muslim Personal Law Board Reacts

Reacting to the Court's interim order on the amended Act, Syed Qasim Rasool Ilyas, member of the All India Muslim Personal Law Board (AIMPLB), said that many of their concerns have been addressed. He said that the court has accepted key points, including the issue of 'Waqf by User' and the protection of monuments from third-party claims.

He further added that the controversial five-year condition for being a practising Muslim to create a Waqf has been removed, which was "a major concern". Ilyas added that overall, the judgement offers "considerable satisfaction" as several of their objections were acknowledged by the Court.

Reacting to the order, Eidgah Imam and AIMPLB member Maulana Khalid Rasheed Farangi Mahali told ANI, "Our demand was that there must be a stay on the entire Act, but the Court has not given such an order. However, the Court has stayed many provisions, and we welcome the stay on certain provisions, such as a person who wants to make a Waqf should be a practising Muslim for at least 5 years."

"The court has also clarified that the CEO must be from the Muslim community, and the overriding powers given to the District Collector for deciding whether a property is a Waqf or not have also been stayed. The stay on Sections 3 and 4 is a very welcome step, and we expect that whenever the final decision comes, we will be given 100% relief," he added.

Published on: Monday, September 15, 2025, 10:51 AM IST