New Delhi: The Centre on Wednesday told the Supreme Court that Waqf is an Islamic concept, but not an essential part of the religion. A two-judge bench of the Supreme Court, comprising Chief Justice of India (CJI) BR Gavai and Justice Augustine George Masih, is hearing the petitions challenging the Waqf Amendment Act 2025. Solicitor General Tushar Mehta, appearing for the Central Government, made submissions on the second day of the Waqf hearing.
"Waqf is an Islamic concept. But it is not an essential part of Islam... Waqf is nothing but just charity in Islam. Judgments show that charity is part of every religion and can happen for Christianity also. Hindus have a system of daan. Sikhs also have it," Mehta said as quoted by India Today.
Mehta said that 'waqf-by-user' was not a fundamental right. “Waqf by user is not a fundamental right and was recognised by a statute. Judgment said if a right is conferred by statute… right can always be taken away by a statute," he told the Supreme Court as quoted by News18.
Notably, the Waqf (Amendment) Act removes the 'Waqf by user' provision. The 'Waqf by user' allows a property to be treated as Waqf on the basis of its long-term use for religious or charitable purposes. Formal documentation was not required as per the 'Waqf by user' provision.
The Solicitor General further added that nobody has the right over government land. "There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf," he added.
On April 17, the SC had ruled that there would be no Waqf appointments and no change in status until the next hearing.
In April this year, the Centre notified the Waqf (Amendment) Act, 2025, which got the assent of President Droupadi Murmu on April 5 after its passage from Parliament following heated debates in both houses.
The bill was passed in the Rajya Sabha with 128 members voting in favour and 95 opposing it. It was cleared by the Lok Sabha with 288 members supporting it and 232 against it.
