Jamiat Ulema-e-Hind Raises Concerns Over Supreme Court's Waqf Law Ruling and De-Recognition Issues

Jamiat Ulema-e-Hind welcomes the Supreme Court's interim relief on certain provisions of the Waqf Amendment Act but is concerned about the refusal to stay prospective de-recognition of Waqf by user. The organisation vows to continue its legal fight for religious freedom.

The Supreme Court has temporarily halted several significant parts of the Waqf Amendment Act, 2025. However, it did not suspend the entire legislation. Jamiat Ulema-e-Hind, a notable Muslim organisation, welcomed this decision but voiced concerns about the refusal to pause the law's full implementation, including the future de-recognition of Waqf by user.

Maulana Arshad Madani, president of Jamiat Ulema-e-Hind, stated that their legal and democratic efforts will persist until the law is repealed. He described the new Waqf law as an attack on constitutional rights, claiming it threatens Muslims' religious freedom. "This law is a dangerous, anti-Constitutional conspiracy to snatch away the religious freedom of Muslims," he claimed.

Supreme Court's Interim Relief

The Supreme Court's interim order addressed three controversial provisions of the Waqf law. It included halting the clause requiring individuals to have practised Islam for five years before dedicating property as Waqf. The court also paused powers given to collectors for adjudicating Waqf property status and limited non-Muslim participation in Waqf boards.

Maulana Mahmood Madani, leading another faction of Jamiat Ulema-e-Hind, found the court's decision somewhat satisfactory. He noted it offered partial relief in some cases but stressed that "the biggest and basic issue is that of Waqf by user," which he said is integral to Islamic law.

Legal and Constitutional Challenges

The Supreme Court bench, led by Chief Justice B R Gavai and Justice Augustine George Masih, stated that presumption favours a statute's constitutionality. Intervention occurs only in exceptional cases. The bench reviewed each section of the new law but found no grounds to stay all its provisions.

The Centre had notified the Act on April 8 after receiving President Droupadi Murmu's assent on April 5. The Lok Sabha and Rajya Sabha passed the Waqf Amendment Bill on April 3 and April 4, respectively.

Jamiat Ulema-e-Hind remains hopeful that the Supreme Court will eventually abolish what they consider an oppressive law. "We are confident that the Supreme Court will abolish this oppressive law and grant us full constitutional justice," Madani said.

The court directed that the Central Waqf Council should not exceed four non-Muslim members out of 20. Similarly, state Waqf boards should have no more than three non-Muslim members out of 11.

Despite welcoming some relief from the Supreme Court's order, Jamiat Ulema-e-Hind continues its challenge against the Waqf law in court. They argue it undermines constitutional guarantees for minorities and citizens alike.

With inputs from PTI