“Waqf is not an inseparable part of Islam – It’s Just a Form of Charity,” declares Centre in Court

Supreme Court Witnesses Hard-Hitting Argument from Union Government

New Delhi – “Waqf is an Islamic concept, but it is neither the core nor an essential tenet of Islam. It is merely a charitable practice within the faith—akin to how charity exists in Christianity, Hinduism, and service in Sikhism,” argued Solicitor General Tushar Mehta before the Supreme Court on behalf of the Central Government.

In a clear-cut distinction, the Centre also stated, “Waqf Boards perform secular functions, whereas temples are wholly religious institutions.” This argument came a day after the Muslim side presented their submissions on May 20.

Tushar Mehta further informed the court that the provision of ‘Waqf-by-user’—which allowed land to be declared waqf based on long-term religious usage—has now been removed under the new law. “No one can claim permanent rights over government land. Even if land was once declared waqf, the government retains the right to reclaim it,” he asserted. “Such declarations are not a fundamental right. If the property is government-owned and was declared waqf under the earlier ‘by-user’ clause, the state still has the legal authority to take it back.”

He also emphasized that long-standing disputes related to waqf, dating back to 1923, have now been addressed under the new legislation. “Every stakeholder has been heard. We received over 96 lakh (9.6 million) suggestions, and 36 meetings were held by the Joint Parliamentary Committee (JPC). No single petitioner can claim to speak for the entire Muslim community,” Mehta concluded.

This case continues to stir significant debate over the role of religious trusts and the extent of their authority in a secular democracy.