Waqf in Islamic Philanthropy and the Waqf (Amendment) Act, 2025
The concept of Waqf represents a significant aspect of Islamic philanthropy, although the Quran does not explicitly mention this term. It encourages charitable spending, with historical instances like the Prophet establishing seven waqfs of date palm gardens. The Waqf (Amendment) Act, 2025, intended to regulate such philanthropy, faced controversy and was challenged in the Supreme Court.
Supreme Court's Interim Order
- Interim orders typically do not suspend parliamentary provisions fully, as laws are presumed constitutional.
- The Court temporarily stayed Section 3(r) of the Act, which involves determining practicing Muslims, as problematic due to potential overreach of executive powers.
This section's interim order implies moral policing, raising concerns about religious identity and state interference in religious practice.
Constitutional and Ownership Rights Concerns
- The Act's restriction on non-Muslims creating waqfs was not found problematic by the Court, raising concerns over ownership rights and the ability to pursue philanthropic activities through waqf.
- Historically, high courts in pre-independence India upheld the rights of non-Muslims to create waqfs, showcasing a longstanding legal precedent.
- The Act's insistence on non-Muslims creating trusts instead of waqfs limits their freedom, as waqfs and trusts differ significantly in terms of benefits and control.
Limitations and Impacts on Petitioners
- The Court's refusal to exempt waqf properties from limitation laws is a setback, contrasting with some Hindu endowment exemptions.
- A significant defeat for petitioners was the Court's justification of abolishing waqfs by user, citing encroachment issues on government lands.
- Petitioners gained limited relief as the Court opposed executive officers determining title, maintaining the separation of powers.
Diversity and Future Perspectives
- The Court's decision to fix the number of non-Muslims in waqf boards aims at diversity, though opposed under religious management rights.
- The Act reflects a missed opportunity for initiating a Uniform Civil Code (UCC) or covering broader religious endowment laws.
The matter remains unresolved, with the Waqf Act, 2025, being implemented with minor modifications while broader legislative actions remain uncertain.