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All India Muslim Personal Law Board (AIMPLB) welcomed the Supreme Court's order on staying certain provisions of the Waqf Amendment Act, while expressing hope that a 100 per cent relief will be provided in the case to the petitioners when the top court delivers its final verdict in the case.
Speaking to ANI, Eidgah Imam and AIMPLB member Maulana Khalid Rasheed Farangi Mahali emphasised that their "demand of the Supreme Court putting a stay on the entire Act" remains unfilled. "The Court has not given such an order. However, the Court has stayed many provisions, and we welcome the stay on certain provisions, such as a person who wants to make a Waqf should be a practising Muslim for at least 5 years. The court has also clarified that the CEO 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 have also been stayed," AIMPLB member told ANI. Maulana Rasheed continued, "The stay on Sections 3 and 4 is a very welcome step, and we expect that whenever the final decision comes, we will be given 100 per cent relief." The Supreme Court on Monday, while refusing to stay the entire Waqf Amendment Act, stayed certain provisions of it, putting on hold the provision that mandated a person should be a practitioner of Islam for 5 years to create a Waqf. The top court has also said that no more than 3 non-muslim members should be present on the board, and only a total of four non-muslim members are to be present. The Supreme Court has said that the provision on limiting who can create a Waqf will be stayed till rules are framed on determining whether a person is a practitioner of Islam. The top court also stayed the provision of Waqf Act which empowered a Collector to determine whether a property declared as Waqf is a government property and pass orders. Chief Justice of India Justice BR Gavai noted that Collectors "cannot be permitted to adjudicate rights of personal citizens and this will violate the separation of powers". The Waqf (Amendment) Act, which was tabled in the Lok Sabha and Rajya Sabha on April 2 and 3, respectively, was passed in both Houses and later received the President's assent on April 5, after which it became law. The Central government had earlier urged the court not to stay any provisions of the Act, saying that it is a settled position in law that constitutional courts would not stay a statutory provision, either directly or indirectly, and would decide the matter finally. The Centre, in its affidavit, had said the amendments are only for the regulation of the secular aspect regarding the management of the properties and hence, there was no violation of the religious freedoms guaranteed under Articles 25 and 26 of the Constitution. The Waqf (Amendment) Bill, 2025, introduces significant reforms aimed at enhancing the governance, transparency, and efficiency of waqf property management in India. By addressing long-standing issues such as litigation and the lack of judicial oversight, the Bill seeks to create a more structured and accountable framework. Key changes include redefining the formation of waqf, improving the survey and registration process, empowering government oversight, and ensuring inclusivity by incorporating non-Muslim members and women into waqf-related bodies. These provisions mark a crucial step toward modernising Waqf property management in India, the release stated. (ANI)
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