Waqf An Islamic Concept, But Not Fundamental Right

The Central Government told the Supreme Court that while waqf is an Islamic concept, it is not an essential religious practice or a fundamental right. This statement was made during the second day of hearings on petitions challenging the Waqf (Amendment) Act, 2025. The Solicitor General argued that waqf, which means charity, exists in many religions and is not unique to Islam. He added that ‘waqf by user’—a practice of declaring property as waqf based on long-term religious use—was a statutory provision and not a constitutional right.

The new amendment removes the ‘waqf by user’ rule, meaning properties used for religious purposes cannot automatically be treated as waqf without formal records. The Solicitor General said no one can claim rights over government land, even if it has been used for religious purposes.

The amendment became law in April 2025 after being passed by both Houses of Parliament and approved by the President.