Waqf Act: SC Says Possibility Of A Person Converting To Islam To Take Benefit

Last Updated:September 15, 2025, 15:41 IST

The SC stayed the Waqf Act clause requiring five years of practising Islam to create a waqf, citing lack of procedure and concerns over misuse to evade law or defeat creditors.

The apex court ruled that a provision in the Waqf Act, which requires a person practising Islam for five years creating a waqf, cannot be said to be “arbitrary” (PTI File photo from a protest against Waqf Act)

The Supreme Court on Monday said it cannot rule out the possibility of a person converting to Islam only to take the benefit of the protection of the Waqf Act to evade the law or to defeat creditors.

The apex court ruled that a provision in the Waqf Act, which requires a person practising Islam for five years creating a waqf, cannot be said to be “arbitrary”, but stayed the operation of this clause since no mechanism or procedure has been provided as of now for ascertaining as to whether a person has been practising Islam for at least 5 years or not.

A bench, comprising Chief Justice B R Gavai and Justice Augustine George Masih, also noted that as early as in 1923, the legislature had noticed that it was common that a waqf endowment had come to be regarded by the public as only a “clever device” to tie up property in order to “defeat creditors and generally to evade the law under the cloak of a plausible dedication to the Almighty”.

“Therefore, the possibility of any person not belonging to the Muslim community, converting to the Islamic religion only in order to take benefit of the protection of the Waqf Act so as to defeat creditors and evade the law under the cloak of a plausible dedication cannot be ruled out,” the bench said in the order.

The bench also observed that many persons, who, under the relevant personal laws, are not entitled to marry a second woman during the subsistence of their first marriage and who are liable to be prosecuted for the offence of bigamy, convert themselves into the Islamic religion to avoid the rigour of criminal offence.

The Supreme Court earlier today refused to stay the Waqf law, saying there was a “presumption” of constitutionality in its favour, but stalled the operation of certain provisions, including the one which said only those who are practising Islam for the last five years can create a waqf.

“We are of the considered view that since no mechanism or procedure has been provided as of now for ascertaining as to whether a person has been practising Islam for at least 5 years or not, such a provision cannot be given effect to immediately. We are, therefore, of the considered view that unless the rules are made by the Central Government by exercising its rule-making power under Section 109 of the Amended Waqf Act, the provision of Section 3(r) of the Amended Waqf Act requiring a person to show or demonstrate practice of Islam for at least 5 years in order to dedicate a movable or immovable property for the purpose of creating a waqf cannot be given effect to,” read the order.

About the Author

Ananya Bhatnagar

Ananya Bhatnagar, Correspondent at CNN-News18, reports on various legal issues and cases in lower courts and the Delhi High Court. He has covered the hanging of the Nirbhaya gang-rape convicts, JNU violence, De…Read More

Ananya Bhatnagar, Correspondent at CNN-News18, reports on various legal issues and cases in lower courts and the Delhi High Court. He has covered the hanging of the Nirbhaya gang-rape convicts, JNU violence, De… Read More

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