New Delhi, April 24 The Kerala State Waqf Board, in an affidavit filed before the Supreme Court, has said that the recent amendments introduced to the Waqf Act, 1995, completely subvert the basic principles of secularism and fundamental rights of the citizens.
The preliminary affidavit sworn by the Chief Executive Officer (In-charge) said that the clauses in the Waqf (Amendment) Act, 2025, are completely unilateral and take away the powers of the state Waqf Boards and the state governments.
"The amendments are proposed in such a way that all information regarding the waqf, its properties, revenues from all sources and control of Mutawallies of Waqf are vested with the Central government. The provisions of the amended Act are aimed at regulating, data collection and interference of non-Muslim persons in decision-making in a manner that no other religious denomination has. These amendments, which seek to undermine the fundamental rights guaranteed by India's governance structure, point to some ulterior motives," said the document filed before the top court.
It added that the Waqf system exists worldwide, and for centuries, various protective enactments for validation of waqf by Muslims and protection of the waqf properties, like waqf validating laws, and later, the Waqf Act came into force.
"According to the impugned Act, the definition of 'Mutawalli' is limited to the person who is appointed only as per deed. As per Islamic principles, a person can create a waqf orally and can decide its management orally if there is a witness for the same. Hence, the definition of Mutawalli in the old Waqf Act must be retained," the affidavit said.
The Kerala State Waqf Board opposed the recent amendment providing that only a person practising Islam for at least five years and having ownership over such property alone can dedicate a property to waqf.
Referring to the law of waqf, it said that the prescription of a five-year limit is without any reason or logic when a person having ownership and otherwise competent to transfer a property can dedicate it to a waqf.
"The concept of waqf includes waqf by user, and the said fact is recognised by the courts of law in the country. It is proposed to omit the same in future, and the already registered waqf by a user will be permitted to continue. The concept of oral waqf is embedded in the law on waqf, and the amendment will be one cutting the root of the customs or usages having the force of law,” added the affidavit.
In its pleadings filed before the Supreme Court, the Kerala State Waqf Board complained that the Joint Parliamentary Committee did not visit Kerala and completely "ignored" it.
During the hearings on the pleas challenging the Waqf (Amendment) Act, 2025, the Central government assured the top court that it would not de-notify provisions related to 'Waqf-by-user' or include non-Muslim members in the Waqf Board. This assurance followed the apex court's indication that it might consider staying certain parts of the law.
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