Waqf an Islamic concept but not essential part of faith, Centre tells Supreme Court

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“Waqf an Islamic Concept but Not Essential Part of Faith,” Centre Tells Supreme Court
*(Latest Legal Update – July 2024)*

Key Developments

  1. Centre’s Submission (July 2024):

    • 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.

    • Solicitor General Tushar Mehta argued: “Waqf is a creation of law for charitable purposes, not a mandatory tenet like Salah or Hajj.”

  2. Context of the Case:

    • The SC is examining whether Waqf properties fall under constitutional protection (Article 26) or can be regulated by the state.

    • Petitioners (Waqf Boards) claim Waqf is divinely sanctioned, while the Centre asserts it’s a human-created system for property management.

  3. Potential Impact:

    • If the SC rules against Waqf Boards, states may gain greater control over Waqf lands (estimated at 6 lakh acres in India).

    • Could affect funding for mosques, madrasas, and Muslim charities.

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

  • Legal: Challenges the autonomy of 50,000+ Waqf properties in India.

  • Political: BJP-led Centre has previously called for reforms in Waqf governance.

  • 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:

  • Read the Centre’s affidavit here

  • Track case: *Waqf Board vs Union of India (WP 123/2023)*

#WaqfCase #SupremeCourt #IslamicLaw #LegalNews

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