Jamiat worried as SC declines Waqf stay plea

Jamiat worried as SC declines Waqf stay plea

Jamiat Ulema-e-Hind president Maulana Arshad Madani strongly criticised the Supreme Court’s refusal to grant a stay on the de-recognition of ‘Waqf by user’. He emphasised that the organisation views this law as unjust and discriminatory, warning that it threatens the historical and religious rights of the Muslim community. Madani declared that Jamiat would persist with its legal and democratic struggle through all constitutional means until this “oppressive law is repealed” and justice is restored.

Jamiat Welcomes Partial Relief on Waqf Law but Vows to Continue Fight Against ‘Oppressive’ Provisions

New Delhi: In a development that has stirred both relief and disappointment within India’s Muslim community, the Supreme Court on Monday put on hold certain provisions of the controversial Waqf (Amendment) Act, 2025. While the order offered interim relief, it stopped short of staying the entire law, leaving many — including the prominent Muslim organisation Jamiat Ulema-e-Hind — concerned about the implications of the remaining sections, particularly the prospective de-recognition of “Waqf by user.”

For the Jamiat, which has emerged as one of the most vocal critics of the law, the ruling was a bittersweet moment. Its president, Maulana Arshad Madani, welcomed the court’s decision to pause three of the most contentious provisions but expressed deep disappointment at the refusal to suspend the entire legislation. In a statement, he described the Act as “oppressive,” vowing that the organisation would not retreat from its legal and democratic struggle until the law is repealed in its entirety.

Why Jamiat is Concerned

At the heart of Jamiat’s unease is the provision that ends recognition of “Waqf by user” — a longstanding practice through which land or property, historically used by the community for religious or charitable purposes, could be treated as Waqf even without formal registration. This doctrine, rooted in custom and faith, has protected countless mosques, graveyards, and community lands over centuries.

By de-recognising such Waqf properties prospectively, critics argue, the amendment risks stripping legal cover from numerous sites, potentially opening them up for disputes, state acquisition, or private contestation. For Muslim groups, it feels like an erosion of history and identity, not merely a technical legal adjustment.

Madani’s sharp language reflects the anxiety brewing among community leaders. “This is not just about property,” a senior Jamiat member remarked off the record. “It is about preserving our religious heritage, the spaces where our ancestors prayed, were buried, and served society. Without protection, even these sacred places could become vulnerable.”

Chief Justice of India D.Y. Chandrachud, while pronouncing the order, made it clear that the bench carefully examined the “prima facie challenge” to each section of the Act. The court, he said, found no justification for staying the entire statute at this stage. However, acknowledging concerns, it stayed three controversial provisions to prevent immediate harm.

In essence, the court’s approach appears to be one of caution: allowing the law to stand in principle while carving out space for debate and further examination during the hearings. For the government, this provides breathing room to defend the Act. For Jamiat, it is a partial win, but far from the decisive relief it sought.

How the Law Came About

The Waqf (Amendment) Bill, 2025, was passed swiftly in Parliament earlier this year — first in the Lok Sabha on April 3, then in the Rajya Sabha a day later. It received President Droupadi Murmu’s assent on April 5 and was officially notified on April 8.

The government has defended the amendments as necessary reforms aimed at ensuring transparency, accountability, and uniformity in Waqf administration. Officials argue that recognition of “Waqf by user” was vague and prone to misuse, creating endless disputes over land ownership. Removing it, they claim, will help reduce litigation and prevent encroachment under the guise of Waqf.

Yet, for many within the Muslim community, these assurances ring hollow. They see the law not as reform but as a deliberate weakening of Waqf protections — part of a broader pattern that they believe undermines minority rights in the name of modernization.

Jamiat’s Next Steps

Jamiat Ulema-e-Hind has been at the forefront of mobilising resistance against the law. By challenging it in the Supreme Court, the organisation has framed the issue as not merely legal but constitutional — a matter of safeguarding fundamental rights, cultural preservation, and the secular fabric of the republic.

Madani has signaled that Jamiat will persist in both the courts and the public sphere. “This struggle is legal, democratic, and peaceful,” he said, stressing that the community’s faith in the judiciary remains intact. For him, Monday’s order, though incomplete, is an important step forward.

The Road Ahead

The case is far from settled. The Supreme Court will continue to hear detailed arguments in the months ahead, weighing the constitutionality of the provisions against the government’s rationale for reform. Until then, uncertainty looms large over countless properties and communities tied to the Waqf system.

For now, Jamiat’s resolve appears unshaken. By welcoming the interim relief yet vowing to fight on, the organisation has made clear it views the stakes as existential. As Madani put it, the law may be on the statute books, but the battle over its spirit — and its impact on India’s Muslim heritage — is only just beginning.