Waqf not essential part of Islam, Govt tells Supreme Court

STC NEWS MONITORING DESK
NEW DELHI, MAY 22(STC): Waqf, though an Islamic concept, does not constitute an essential part of Islam and hence cannot be claimed as a fundamental right under the Constitution.
This is what the Central Government on Wednesday told the Supreme Court. The Centre’s stand came in response to petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025.
A report quoting LiveLaw states that the Solicitor General Tushar Mehta, appearing for the Centre told the top court that “Waqf is an Islamic concept, not disputed, but waqf is not an essential part of Islam until this is shown, the rest of the arguments fail.”
Mehta in his arguments defending the Act, stressed that “nobody has the right over government land. There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf.”
He further argued that “Waqf by user- is not a fundamental right. It was recognised by statute- judgment says if right is conferred as legislative policy, the right can always be taken away.”
Notably, the Waqf (Amendment) Act, 2025 was passed by Parliament in April and received presidential assent on April 5.
(Straight Talk Communications)