Jamiat Ulama-i-Hind challenges Waqf Amendment Act in Supreme Court-OxBig News Network

New Delhi: After President Droupadi Murmu gave her assent to the Waqf (Amendment) Bill, 2025, Jamiat Ulama-i-Hind, the largest body of Islamic scholars in India, has moved to the Supreme Court (SC), challenging the constitutional validity of the new law. Maulana Syed Mahmood Asad Madani, President of Jamiat Ulama-i-Hind, has filed a Public Interest Litigation (PIL) in the Supreme Court against the Waqf Amendment Act 2025, challenging its constitutionality. Notably, the law came into effect on April 8.

In the petition, Jamiat has argued that the law violates not just one but multiple articles of the Indian Constitution – particularly Articles 14, 15, 21, 25, 26, 29, and 300-A. It has been termed a serious threat to the religious and cultural rights and identity of Muslims. Maulana Madani stated that the law is not only unconstitutional but also a product of a majoritarian mindset aimed at dismantling the centuries-old religious and welfare structures of the Muslim community. He described the law as a flagbearer of discrimination under the guise of reform and a threat to the secular character of the nation.

The petition urges the Supreme Court to declare the Waqf Amendment Act 2025 unconstitutional and immediately halt its implementation. Maulana Madani is being represented in the case by Advocate-on-Record Mansoor Ali Khan. Jamiat’s legal affairs patron, Maulana and Advocate Niyaz Ahmad Farooqui, stated that they have also engaged several senior advocates for the case.

In his petition, Maulana Madani argued that the Act has made large-scale interventions in the definition, operation, and management system of waqf properties across the country, which contradicts Islamic religious traditions and judicial principles. He contended that the amendments are rooted in malice and aimed at weakening waqf institutions.

The petition highlights several flaws in the law, including a provision that only a person who has been a practising Muslim for five years can make a waqf donation. It argues that there is no precedent for such a condition in any religious law. Additionally, requiring the donor to prove that the waqf donation is not part of a conspiracy is legally absurd and violates Articles 14 and 15 of the Constitution.

The petition also warns that the abolition of waqf by a user puts at risk over four lakh religious places that historically gained waqf status through continuous public use. With the new law in force, these properties are now under threat, making it easier for governments to take them over. Furthermore, the inclusion of non-Muslims in Central and State Waqf Councils violates Article 26, which guarantees the right to manage religious affairs.

A crucial executive committee meeting of Jamiat Ulama-i-Hind will be held on Sunday (April 13), at its headquarters in Delhi’s Bahadur Shah Zafar Marg, to discuss the legal and constitutional steps to be taken regarding the Waqf Amendment Act. After the meeting, Maulana Mahmood Asad Madani will address a press conference at 3:00 pm to brief the media.