New Delhi: Jamaat-e-Islami Hind has filed a petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The petition--Mohammad Salim and Others vs Union of India --has been filed by Jamaat Vice-President Professor Salim Engineer, Maulana Shafi Madni, Inam ur Rehman and other senior officials. It raises serious concerns about the new law, stating that the amendments infringe upon fundamental rights and dismantle the religious, charitable, and community-oriented nature of waqfs in India.
The petition invokes Articles 14, 15, 16, 25, and 26 of the Constitution and seeks to declare the amendments unconstitutional, citing violations of Article 300A.
Key Concerns Highlighted
Violation of Fundamental Rights
The Act imposes arbitrary conditions such as requiring donors to prove Islamic practice for five years — a clause not rooted in Islamic law. This may exclude women, converts, and genuine donors from creating waqfs, violating Articles 25 and 15.
Erosion of Waqf Board Autonomy
The amendment dissolves elected Waqf Boards and replaces them with government appointees, including non-Muslims and those unfamiliar with Islamic jurisprudence, violating the community’s right to manage religious institutions under Article 26. It also removes the requirement for a Muslim CEO.
Improper Acquisition of Waqf Properties
Section 3D declares waqf properties under ASI monuments as void, overriding protections under the Ancient Monuments Act, of 1958. It allows encroachers to claim adverse possession retrospectively, undermining Muslim religious heritage.
Lack of Community Consultation
The amendments, including Sections 3D and 3E, were passed hastily without due debate. Community objections raised before the Joint Parliamentary Committee were ignored, violating participatory democratic principles.
Additional Legal Grounds
The petition highlights how the Act nullifies judicially accepted concepts like waqf by the user--recognised in the Ram Janmabhoomi-Babri Masjid verdict--and wrongfully prioritises government records over historical community usage, citing judgments in Lal Shah Baba Dargah, Sheikh Yusuf Chawla, and Ramjas Foundation cases.
Jamaat’s Stand
Calling Waqf an inseparable part of the Islamic faith and Indian heritage, Jamaat-e-Islami Hind warns that undermining its community character is unconstitutional and morally unjust. The organisation appeals to civil society, legal experts, and citizens to support the constitutional challenge and defend pluralism and justice.
Read more: Jamaat-e-Islami Hind Voices Concern Over Waqf Amendment Act, Cites Threat To Minority Rights
