The Supreme Court of India remains a key provision of a new law governing Muslim properties

The Supreme Court of India remained key provisions of the contradictory law that seeks to change as properties donated by Muslims, and billions of dollars are regulated, but refused to completely reduce the law.

The court considered the petitions of Muslim groups and opposition parties against the 2025 correction (amendments) adopted by the Parliament in April.

Prosiders say the law violates the rights of the Muslim community. But the government claims that it is aimed at managing Muslim properties known as WaQF more transparent.

In Islam, Waqf is a charitable or religious donation made by Muslims in mosque, medress or orphanages. Such properties cannot be sold and not used for any other purposes.

The properties were guided by the WaQF 1995 law, which instructed to form a WAQF state councils for their management.

The new law introduced by the Bharatiya Gianata ruling government has amended the law on the addition of new provisions, including changes in how the WAQF property is determined.

On Monday, the bench of the Chief Judge of India Br Hawai and Justice AG MASIH refused to abandon the entire law, which states that “the location of the stay is only in the most rare category”.

However, this stopped the contradictory position that allowed the government to determine whether the controversial property is WAQF or not.

Historically, many properties that were donated through oral declarations or customs of society were legitimized as the properties of WAQF with their constant use of the Muslim community.

Government data show that of 872 852 WAQF facilities in India (on paper), at least 13,200 confused in court bats, 58 889 were encroached on and more than 436,000 have unclear status.

According to the new law, WAQF councils had to provide valid documents to demand property as WaQF. In the case of disputes, the final decision rested with the government.

The court believed that the government’s permission to determine the rights of a citizen against the division of powers between the executive and the judicial system intended in accordance with the Indian Constitution.

Another controversial provision that was lifted was the point that demanded a WAQF donor, which was a Muslim practitioner at least five years.

WAQF properties are currently guided by the State -level Councils and the Central Council with the state government, Muslim legislators, members of the state lawyer, Islamic scientists and heads of these properties.

While the judges refused to remain on the provisions, allowing to highlight non -Muslims on the WAQF Council, they limited the number of non -Muslim members Up to four in the 22-member of the Federal Council and three in the 11-member of the State Councils.

The court also stated that “efforts should be made to appoint Chief Executive Director of the Council among the Muslim community.”

The case reached the Supreme Court in early April, shortly after the adoption of the Parliament’s law amid broad criticism by Muslim groups and opposition parties.

On May 22, the Supreme Court left the decision by hearing the case for three continuous days.

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