Top Top India remains the main provisions of the new law governing Muslim properties

The high -level court of India has suspended the key provisions of a controversial law which aims to modify the way in which the properties given by Muslims and the value of billions of dollars are governed, but have refused to overthrow the law entirely.

The court heard petitions of Muslim groups and opposition parties against the 2025 WAQF law (amendment), promulgated by Parliament in April.

The petitioners say that the law undermines the rights of the Muslim community. But the government argues that it aims to make the management of Muslim properties, known as Waqf, more transparent.

In Islam, WAQF is a gift of charity or religious made by Muslims to mosques, madrassas or orphanages. These properties cannot be sold or used for other purposes.

The properties were governed by the 1995 WAQF law, which mandated the training of WAQF advice at the level of the state to manage them.

The new law, introduced by the government led by Bharatiya Janata, has changed the law to add new provisions, including modifications to the way WaqF property is determined.

On Monday, a bench of chief judge of India Br Gavai and Judge Ag Masih refused to overthrow the whole law by saying that “the granting of the stay is only in the rarest category of the rare”.

However, he has arrested a controversial provision which allowed the government to determine whether a contested property is WAQF or not.

Historically, many properties that have been given through oral declarations or community customs have been legitimized as WAQF properties because of their continuous use of the Muslim community.

Government data show that out of 872,852 WAQF properties in India (on paper), at least 13,200 are entangled in legal battles, 58,889 have been encroached and more than 436,000 have unclear status.

Under the new law, the WAQF councils had to provide valid documents to claim property as WAQF. In the event of a dispute, the final decision rested with the government.

The court judged that authorizing it the government to determine the rights of a citizen is against the separation of powers between the executive and the judiciary, mandated by the Indian Constitution.

Another disputed provision that was abandoned was a clause that required that a donor Waqf be a Muslim practicing for at least five years.

The properties of the WAQF are currently managed by state councils and a central council, with candidates of the government of the State, Muslim legislators, members of the Council of the State Bar, Islamic scholars and managers of these properties.

While the judges refused to maintain a provision which allows the appointment of non-Muslims to the board of directors of the WAQF, they limited the number of non-Muslim members four within the Federal Council of 22 members and three within the 11 members of State.

The court also said that “efforts should be made to appoint the head of directors of the board of directors among the Muslim community”.

The case reached the superior court in early April, shortly after the law was adopted by the Parliament in the midst of general criticisms on the part of Muslim groups and opposition parties.

On May 22, the Superior Court had reserved its judgment after hearing the case for three continuous days.

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