THE JHARKHAND STORY DESK
New Delhi, May 21: The Central government on Wednesday told the Supreme Court that Waqf is not an essential practice of Islam but merely a form of charitable donation, which exists in other religions as well.
Representing the Centre, Solicitor General Tushar Mehta argued that Waqf Boards perform secular functions and can be managed by individuals from any community. He emphasized that, unlike temples which are purely religious institutions, Waqf Boards operate beyond religious boundaries.
Waqf Not Mandatory in Islam
Mehta, addressing a bench comprising Chief Justice B.R. Gavai and Justice Augustine George Masih, stated that while waqf may be an Islamic concept, it is not mandatory under Islam.
He stressed that the idea of donation is common across faiths—be it Hinduism, Sikhism, or Christianity—and reiterated that the functioning of Waqf Boards is secular in nature.
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Centre Defends Amendments to Waqf Law
Defending the recent amendments to the Waqf Act, the Centre said these changes aim to resolve long-standing issues that remained unaddressed during both colonial rule and post-Independence governance.
The government noted that it is trying to solve a problem pending since 1923, which has seen 36 joint parliamentary committee meetings and received 96 lakh responses.
‘Waqf-by-User’ Not a Fundamental Right
The Centre also justified the removal of the “waqf-by-user” provision, which allowed land to be declared waqf solely on the basis of religious use without valid documentation.
Mehta clarified that no one can claim ownership of government land and that waqf-by-user is not a fundamental right. Now, only registered waqf claims and pre-designated properties will be considered.
SC Says Strong Case Needed for Interim Relief
During Tuesday’s hearing, when senior advocate Kapil Sibal began arguments for the petitioners, Chief Justice Gavai remarked that every law is presumed constitutional. He added that a strong case must be presented for the court to consider granting interim relief.
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Centre Seeks to Narrow Scope of Hearing
The Centre requested the Supreme Court to confine the scope of the hearing to three key issues: the validity of waqf-by-user, the appointment of non-Muslim members to Waqf Boards, and the identification of government land as waqf.
However, petitioners have urged the court to approach the case with a broader constitutional perspective and examine all related aspects.
