Waqf an Islamic concept, but not an essential part of Islam: Centre to Supreme Court

Supreme Court

The Centre on Wednesday told the Supreme Court that Waqf is a charity organisation and is not an essential part of Islam. This was during the second day of the Waqf hearing in the apex court.

"Nobody can claim right over government land and it is legally empowered to reclaim properties which are declared waqf by using the waqf by user principle," Centre informed the SC. Waqf by user refers to a concept where a property is recognised as waqf based on its long-term use for religious or charitable purposes, even without formal documentation, added the Centre

Responding to the submissions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, Solicitor General Tushar Mehta commenced advancing his arguments on behalf of the Centre before a bench comprising Chief Justice B R Gavai and Justice Augustine George Masih.

A bench of the Supreme Court headed by Chief Justice BR Gavai is hearing the pleas challenging the new Waqf Act. Solicitor General Tushar Mehta, appearing for the Centre, said Waqf is an Islamic concept, but it is not an essential part of Islam.

The Solicitor General also made the case that the Central government was empowered to reclaim properties that were declared waqf under the controversial ‘waqf by user’ clause. “Waqf by user is not a fundamental right and was recognised by a statute. Judgment said if a right is conferred by statute… right can always be taken away by a statute," he told the Supreme Court.