India's Supreme Court has made a significant ruling concerning the recently enacted Waqf (Amendment) Act 2025, which aims to reform the management of properties donated by Muslims. The court has stayed several critical provisions of the law, while opting not to strike down the legislation entirely.
The court's decision follows a series of petitions from Muslim organizations and opposition parties that argued the new law infringes on the rights of the Muslim community. In contrast, the government asserted that the amendments would enhance transparency in the administration of waqf, or Muslim charitable properties.
Under Islamic law, waqf refers to charitable donations made to mosques, madrassas, and orphanages—properties that cannot be sold or utilized for any other purpose. The previous Waqf Act of 1995 established state-level boards for managing these assets.
The 2025 amendment introduced by the ruling Bharatiya Janata Party included new criteria for determining waqf properties, which prompted strong dissent among many Muslims. A bench comprising Chief Justice BR Gavai and Justice AG Masih emphasized that their decision to stay certain provisions is a rare exception.

The Supreme Court specifically halted a clause allowing the government to unilaterally decide whether a disputed property qualifies as waqf. This provision was criticized as undermining the separation of powers outlined in the Indian Constitution, which prevents executive overreach into the judiciary's domain.
The new law mandated that waqf boards secure valid documentation for claims over these properties, with ultimate decision-making power resting with the government in cases of disputes. Historical precedents, wherein properties were recognized as waqf based on community customs, were also at stake amidst the legal revisions.
Recent government data revealed that among the 872,852 waqf properties recorded, a significant number—over 13,200—are embroiled in legal disputes, while more than 58,889 are reported as encroached. Furthermore, the status of over 436,000 properties remains unclear.
The court’s intervention has brought a temporary reprieve for proponents of the current waqf system, reaffirming the necessity of governance rooted in community rights and responsibilities. Future discussions will likely continue to focus on how waqf properties are defined, managed, and protected under Indian law.