Supreme Court stays key provisions in Waqf Amendment Act

Advocate MR Shamshad: SC stayed key Waqf Act provisions

On Supreme Court's order in Waqf Amendment Act, Advocate MR Shamshad says, "We consider that today's order on Waqf Amendment Act is reasonably good. All the issues except one which relate to Waqf by user, have been addressed by the Supreme Court. Most of them have been stayed. The requirement of somebody being a practising Muslim of five years has been stayed. The Waqf Council's composition where the number of non-Muslim members were vague has been limited to 4. Similarly, Waqf Board has been limited to 3. As far as Collector's power is concerned, during the pendency of disputes so created by the Govt, the Collector will record entry in the revenue record saying that this is not Waqf property till the time it is decided by the appropriate authorities or judicial forum, the Court hsa said that this violates the doctrine of separation of power. So, that has been specifically stayed and it has been said that no revenue record shall be altered and till the time, a final decision is taken, no third party rights shall be created. So, these are the interim directions at this stage. This is a good order. We will read about Waqf by user then we will respond about it."

There must be a stay on the entire Waqf Amendment Act, 2005: Eidgah Imam

On SC's order in the Waqf Amendment Act, Eidgah Imam & AIMPLB member Maulana Khalid Rasheed Farangi Mahali says, "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 stated many provisions, and we welcome the stay on certain provisions, such as that a person who wants to make a Waqf should be 5 years practicing Muslim. The court has also cleared that the CO 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 has also been stayed. The stay on Section 3 and 4 is a very welcome step and we expect that whenever the final decision comes, we will be given 100% relief."

Our stand on 'Waqf by u'ser and protected monuments accepted: AIMPLB’s Syed Qasim Rasool Ilyas

On SC's order in the Waqf Amendment Act, Syed Qasim Rasool Ilyas, Member of All India Muslim Personal Law Board, says, "To a large extent, our point has been accepted. Our point on 'Waqf by User' has been accepted. Along with this, our point on protected monuments has also been accepted, that there will be no third-party claim. The five-year amendment that was imposed has been removed, and along with this... I want to say that by and large, many of our points have been accepted, and we think that there is satisfaction to a large extent."

No stay on Waqf Amendments, only interim relief by SC: Advocate Varun Sinha

On the Supreme Court's order in the Waqf Amendment Act, Advocate Varun Sinha says, "There is no stay on the amendments brought in by the central government. Only there is an interim order in favour of the petitioners regarding that they cannot be deprived of the Waqf property without following the procedure laid down in the law, including the amended law. If any Waqf has to be taken by the government, then the procedure laid down in the Waqf Act, including the amendment of the Waqf has to be followed by the tribunal as well as by the High Court. So after judgment of the tribunal, that order can be given effect too. Those Waqf that are not registered will not be treated as Waqf property... Those who have not practised Islam for five years, they cannot create Waqf, that provision has been stayed..."

Congress MP Imran Pratapgarhi welcomes SC stay on key provisions of Waqf Act, 2025

Congress MP Imran Pratapgarhi says, "This is a really good decision. The Supreme Court has reined in the conspiracy and intentions of the Government. People who donate their land were fearful that the government would attempt to grab their land. This is a relief to them...How will the Govt decide who has been a practising Muslim for 5 years? This is a matter of faith...Govt took note of all these aspects...We will continue the fight..."

SC has found that there is a prima facie case for stay on certain provisions: Petitioner Anas Tanweer

Advocate Anas Tanweer (petitioner who filed plea challenging Waqf Act) says, "The Supreme Court has first found that there is a prima facie case for stay on certain provisions. They have not stayed all the provisions, or the complete act, but certain provisions have been stayed, like the provision that said that you have to be a Muslim for five years, have been stayed because there is no mechanism to determine whether someone has been a Muslim for five years or not... As far as non-Muslim members are concerned, the court has said that in the Waqf Board, it cannot be more than 3 and not more than 4 in Section 9, and on the registration, the court has apparently extended the time limit but has not stayed the provision..."

Supreme Court stays key provisions of Waqf Amendment Act, 2025

Supreme Court stays operation of various provisions of the Waqf Amendment Act passed by Parliament in April.

-The requirement that a person must have been a 'practising Muslim for five years' to create a Waqf has been put on hold, as the Court noted that without proper rules this could lead to an arbitrary exercise of power.

-Court has also stayed provision that granted Collectors (or any other designated govt officer) power to declare a disputed waqf property as not being waqf, with the Court holding that this would violate the principle of separation of powers.

-Until a final decision is reached, the rights over properties will not be affected. The Court clarified that until the title is conclusively decided, neither Waqf authorities nor others can be dispossessed of such properties.

-The provision that Waqf Boards shall not consist of more than four non-Muslim members, and for State Boards not more than three, has been stayed.

-The requirement that an ex-officio officer must be from the Muslim community has also been stayed.

-Court to give new timeline for registration of waqf properties in the order (to be uploaded later today)

SC stays Waqf Amendment Act rule on 5-year Islam practice requirement

Supreme Court puts on hold the provision in the Waqf Amendment Act 2025 that a person should be a practitioner of Islam for 5 years to create a Waqf. Supreme Court says the provision will be stayed till rules are framed on determining whether a person is a practitioner of Islam.

Supreme Court refuses to stay the entire provisions of the Waqf (Amendment) Act, 2025. The court, however, says that some sections need some protection.

Muslim communities looking towards SC for justice: Eidgah Imam

Arguments in SC