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ust hours after Parliament cleared the Waqf (Amendment) Bill 2025, Congress MP Mohammed Jawed filed a petition in the Supreme Court, challenging the constitutionality of the proposed law. Jawed, who was a member of the Joint Parliamentary Committee on the Bill, argued that the law imposes arbitrary restrictions on Waqf properties, undermining religious autonomy and Muslim property rights.
Jawed: Bill Undermines Religious Freedom and Property Rights
In his petition, Jawed contended that the amendments expand state control over waqf properties, restrict the ability to dedicate property for religious use, and violate Article 300A of the Constitution, which safeguards property rights.
“The law shifts control from religious institutions to government officials,” the petition said, highlighting that the Act allows District Collectors, instead of Waqf Boards, to determine the nature of waqf properties — a move the Congress leader called a violation of settled legal principles.
Violation of Fundamental Rights: Articles 14, 15, 25, and 26
The petition further stated that the Bill’s provisions breach Article 14 (Right to Equality) by imposing disproportionate state intervention in Muslim endowments, unlike Hindu and Sikh trusts, which maintain a degree of self-regulation under existing laws.
It also said the law violates Article 25, by imposing restrictions based on religious practice duration, affecting especially recent converts to Islam who may want to donate property for religious or charitable purposes — a clear violation of Article 15, which bars discrimination.
Jawed also criticized the omission of the Waqf-by-User concept, a principle upheld by the Supreme Court, which grants waqf status to properties used for religious purposes over time. This, he argued, violated Article 26, which guarantees religious denominations the right to manage their own affairs.
Representation, Autonomy & Tribunal Changes Under Scrutiny
Another contentious change is the inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council, which Jawed described as an unwarranted interference in religious governance. He pointed out that Hindu religious institutions remain exclusively managed by Hindus under respective state laws.
Moreover, the Bill alters the structure and powers of Waqf Tribunals, reducing the presence of members knowledgeable in Islamic law, which could negatively affect the fair adjudication of waqf-related disputes.
“The amendments introduce arbitrary classifications that lack a reasonable connection to the stated objectives of the law,” the petition, filed by advocate Anas Tanwir, stated, challenging the law under the doctrine of manifest arbitrariness.
What is Waqf and Why is It Controversial?
Under Islamic tradition, a waqf is a religious endowment donated by a person (waqif) for charitable or religious use. Once declared waqf by the State Waqf Board, the property becomes non-transferable and must be used only for religious or charitable purposes as per Islamic law.
However, with the new amendments, the process of declaring and managing waqf property is now subjected to greater scrutiny and government oversight, triggering opposition from Muslim leaders and communities who see it as a threat to religious freedom.
Parliament Passed the Bill Amid Debate
Despite strong opposition, the Waqf (Amendment) Bill 2025 was cleared by the Parliament on Friday after prolonged debates in the Rajya Sabha. Supporters of the Bill argue that it enhances transparency and accountability, but critics say it targets Muslim institutions disproportionately.
As the matter moves to the Supreme Court, the legal battle over the Waqf Amendment Bill is expected to draw nationwide attention, especially regarding minority rights, religious freedom, and the role of the state in religious affairs.
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