Introduction
Raising serious concerns that Muslims will be deprived of their waqf properties, Kerala’s leading Islamic cleric’s body, Samastha Kerala Jamiatul Ulema, has filed a writ petition in the Supreme Court. They are challenging the constitutionality of the newly enacted Waqf (Amendment) Act, 2025, which they argue violates fundamental rights and undermines the foundation of Islamic charitable endowments in India.
Elimination of Waqf by User – Muslims Will Be Deprived of Their Waqf Properties Without Proof
One of the strongest objections is to the removal of the ‘Waqf by User’ concept from the statute. Traditionally, many waqf properties have been recognised based on continued religious use even without formal documentation. With this clause no longer available, the community is concerned that Muslims will stand to lose their waqf properties as they lack historical deeds. Without that acknowledgment, homes that have endured for generations can be easily characterized as private or state property and that would create apprehensions of mass displacement.
Inclusion of Non-Muslims in Waqf Boards Rattles Alarm
The reform mandating the inclusion of non-Muslims on the Central Waqf Council and State Boards has caused widespread discontent. Critics say this is an unconstitutional encroachment on Muslim community affairs.
The apprehension is palpable:
“Muslims will lose their waqf properties to outside influences taking religious and administrative decisions that need to be left entirely to the Muslim community”.
Government Made Judge in Its Cause in Waqf Issue
The petitioners strongly oppose Section 3C of the Act, which allows a government-appointed officer to decide if a government property declared as waqf is valid. Until such a decision is made, the property cannot function as waqf land. This provision fuels fears that Muslims will be deprived of their waqf properties under the guise of bureaucratic procedures, as no clear time frame is set for resolution, leaving properties in limbo indefinitely.
Unreasonable Information Demands—A Move to Block Waqf Registration
Section 3B requires waqfs to submit detailed historical information, including the creator’s name and the mode of creation. Given that many waqf properties were established centuries ago, this demand is nearly impossible to fulfil. Clerics argue that this is a deliberate move to ensure Muslims will be deprived of their waqf properties by making the registration process cumbersome and unachievable.
Restrictions on the Creation of Waqf: Faith Under Question
Another controversial provision mandates that only individuals practising Islam for at least five years can create waqf properties. The petitioners argue there is no objective standard to measure this, leading to arbitrary exclusions. This restriction is yet another way in which Muslims will be deprived of their waqf properties and their rights to manage their religious endowments.
Impact on Waqf Properties Over ASI-Protected Monuments
Section 3D of the amendment voids waqf claims over ASI-protected monuments. Kerala clerics argue that this provision unfairly targets waqf properties, stripping away historical endowments linked to religious and cultural heritage. There is a growing concern that Muslims will be deprived of their waqf properties in the name of heritage protection, sidelining community rights.
Conclusion: A Legal Battle to Protect Waqf Properties
With widespread support from political leaders and civil rights groups, the petition filed by Samastha Kerala Jamiatul Ulema and others highlights a crucial issue, “Muslims will be deprived of their waqf properties if the new amendments remain unchallenged”. The Supreme Court’s upcoming decision will be pivotal in determining the future of waqf management in India and whether constitutional protections for religious freedom and property rights will prevail.