Waqf Nothing But Charity, Not Essential Part Of Islam: Centre To SC On Waqf Act
SG Tushar Mehta said the government was legally empowered to reclaim properties that are declared waqf under the contentious 'waqf-by-user' principle.
Waqf is nothing but charity in Islam, the Centre told the Supreme Court on Wednesday, adding that Waqf by user is not a fundamental right and was recognised by a statute.
During the hearing in the Supreme Court on the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025, Solicitor General Tushar Mehta said that Waqf is an Islamic concept, but it is not an essential part of Islam.
"Waqf is an Islamic concept. But it is not an essential part of Islam, unless that is shown... Judgments show that charity is part of every religion and can happen for Christianity also. Hindus have a system of 'daan'. Sikhs also have it," Solicitor General Tushar Mehta said, according Bar and Bench.
Mehta, who was presenting his arguments a day after the Muslim side made their submissions, said the government was legally empowered to reclaim properties that are declared waqf under the contentious 'waqf-by-user' principle.
"Nobody has the right over government land... There is a Supreme Court judgment which says the government can save the property if it belongs to the government and has been declared as waqf," Mehta told the apex court.
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.
He also said that Waqf is nothing but just charity in Islam and that there is a power to regulate secular practices in a religion, while the administration of property has to be in accordance with law.
The Centre, in its written note, strongly defended the Act, saying waqf by its very nature is a “secular concept” and can't be stayed as there is a “presumption of constitutionality” in its favour.
The government had urged the Supreme Court bench to confine the hearing on pleas to three issues. First, the power to denotify properties declared as waqf by courts, waqf by user or waqf by deed.
The second issue relates to the composition of state waqf boards and the Central Waqf Council, where they contend only Muslims should operate except ex-officio members. The third one is over the provision stipulating a waqf property won't be treated as a waqf when the collector conducts an inquiry to ascertain if the property is government land.
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