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regular-article-logo Friday, 23 May 2025

Supreme Court reserves verdict on pleas challenging Waqf Amendment Act

Winding up the Centre's arguments, solicitor-general Tushar Mehta told a bench of Chief Justice of India B.R. Gavai and Justice Agustine George Masih that even under Shariat, the personal law which governs Muslims, a declaration has to be made that the person would abide by the law as a Muslim

Our Bureau Published 23.05.25, 05:17 AM
Supreme Court of India

Supreme Court of India File picture 

The Supreme Court on Thursday reserved its verdict after three days of hearing on a batch of petitions and applications challenging or supporting the Waqf Amendment Act, 2025.

Winding up the Centre's arguments, solicitor-general Tushar Mehta told a bench of Chief Justice of India B.R. Gavai and Justice Agustine George Masih that even under Shariat, the personal law which governs Muslims, a declaration has to be made that the person would abide by the law as a Muslim.

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"If you see the Shariat Act, it also says that if a Muslim wants to take the benefits of the personal law application, then a declaration as a Muslim is needed. Same thing is here (Waqf Act). Same declaration is being sought," Mehta argued.

The seniormost government law officer was referring to the criticism that the Act mandated a person who donates their property in waqf must prove that they were practising Islam for at least five years.

Mehta defended the government's decision to exclude tribal Muslims from donating their lands to waqf as the Constitution prohibits divesting members of the Scheduled Tribes from their land and properties because of the constitutional immunity provided to them.

He provided that several tribal organisations had filed intervention applications in the present matter to support the legislation as it would safeguard their interests. However, senior advocate Huzefa Ahmadi countered the argument to contend that the impugned legislation intends to stop only Muslim tribals from donating their properties for waqf.

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