“Waqf an Islamic Concept but Not Essential Part of Faith,” Centre Tells Supreme Court
*(Latest Legal Update – July 2024)*
Key Developments
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Centre’s Submission (July 2024):
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The Union government told the Supreme Court that Waqf (Islamic charitable endowments) is a socio-legal institution but not an “essential religious practice” under Islam.
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Solicitor General Tushar Mehta argued: “Waqf is a creation of law for charitable purposes, not a mandatory tenet like Salah or Hajj.”
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Context of the Case:
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The SC is examining whether Waqf properties fall under constitutional protection (Article 26) or can be regulated by the state.
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Petitioners (Waqf Boards) claim Waqf is divinely sanctioned, while the Centre asserts it’s a human-created system for property management.
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Potential Impact:
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If the SC rules against Waqf Boards, states may gain greater control over Waqf lands (estimated at 6 lakh acres in India).
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Could affect funding for mosques, madrasas, and Muslim charities.
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Arguments at a Glance
| Waqf Boards’ Claim | Centre’s Counter |
|---|---|
| Waqf is “irrevocable & divine” under Sharia | Waqf is a legal mechanism, not core to Islam |
| Protected under Article 26 (right to manage religious affairs) | State can regulate it like other trusts (Hindu Endowments, etc.) |
| Historical precedent: Waqf Act, 1995 | Laws can be amended for “public interest” |
Why This Matters
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Legal: Challenges the autonomy of 50,000+ Waqf properties in India.
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Political: BJP-led Centre has previously called for reforms in Waqf governance.
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Economic: Waqf assets worth ₹1.2 lakh crore could face stricter audits.
Next Hearing: August 2024 (SC Constitution Bench).
(Sources: SC Live Hearings, Waqf Act 1995, Solicitor General’s Submission)
For Deeper Dive:
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Read the Centre’s affidavit here
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Track case: *Waqf Board vs Union of India (WP 123/2023)*
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