A bench of Chief Justice BR Gavai and Justice AG Masih has reserved the verdict while hearing several petitions challenging the Waqf Amendment Act.
Supreme court Hearing On Waqf Ends
The petitions challenging the validity of the Waqf (Amendment) Act 2025 were concluded in the supreme court on thursday (April 22, 2025). The court has reserved the decision. In the three-day debate, the petitioners called the law against the rights of Muslims and demanded an interim stay, while the central government strongly opposed it and called the law correct.
On wednesday (May 21, 2025), the government argued that Waqf is an Islamic concept, but it is not an essential part of the religion and hence not a fundamental right. On this, kapil sibal said that Waqf is a dedication to Allah... for the afterlife. Unlike other religions, Waqf is a donation to God.
Know what the Supreme Court said
However, the court said that religious charity is not limited to Islam only. Chief Justice BR Gavai said that there is salvation in Hinduism too. Charity is a fundamental concept of other religions as well. Similarly, the second judge of the bench, Justice Augustine George Masih, referred to a similar provision in christianity and said, "We are all trying to go to heaven."
On the third day of hearing the arguments of the petitioners, a bench headed by Chief Justice B.R. Gavai reserved its order on the petition seeking an interim stay on the law.
What did the government say
Solicitor General Tushar Mehta, while opposing any kind of interim order, argued that if after the final hearing, the court feels that the law is unconstitutional, then the court can cancel it, but, if the court stays the law by interim order and during this period any property goes to the Waqf, then it will be difficult to get it back because Waqf belongs to Allah and once it becomes Waqf, it will not be easy to get it back.
Solicitor General Mehta said, creating a Waqf and donating to a Waqf are two different things. This is why a 5-year practice period has been made mandatory for Muslims so that Waqf is not used to cheat anyone.
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