GUWAHATI: The Samastha Kerala Jamiatul Ulema, a key body of Sunni Islamic scholars from Kerala, has filed a writ petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025. The Act, which received Presidential assent on Saturday, introduces sweeping changes to the Waqf Act, 1995, particularly concerning the administration and recognition of Islamic charitable properties.
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According to Live Law, the petitioner argues that the amendments infringe on fundamental rights, including the right to equality (Article 14), freedom of religion (Article 25), and the right of religious denominations to manage their affairs (Article 26).
One of the major concerns raised is the removal of the concept of 'Waqf by User'—a recognised doctrine that allowed Waqfs to exist based on longstanding use rather than formal documentation.
The petition also opposes the inclusion of non-Muslims in Waqf Boards, the removal of the requirement for a Muslim CEO, and a clause allowing the government to act as judge in its own disputes regarding Waqf land. Further, it challenges the demand for century-old records from Waqfs, calling it impractical and biased.
Provisions restricting creation of Waqfs, including conditions on the faith and duration of practice by the donor, have also been criticised. Additionally, the bar on Waqfs over ASI-protected monuments and restrictions impacting tribal Muslims have been flagged as discriminatory.
Several other political and religious figures, including AIMIM MP Asaduddin Owaisi, have also moved the apex court.
