Supreme Court Stays Waqf Act’s 5-Year Muslim Clause For Donations

Last Updated:September 15, 2025, 10:54 IST

The Supreme Court mentioned that the clause will remain in abeyance until state governments frame rules.

The Centre notified the Waqf (Amendment) Act, 2025 on April 8 after it got President Droupadi Murmu’s assent on April 5. (Photo: File: PTI)

The Supreme Court on Monday stayed the provision in the Waqf Amendment Act, 2025, that mandates a person must have been a practising Muslim for five years to create a Waqf, directing that the clause will remain in abeyance until state governments frame rules to determine whether an individual qualifies as a practitioner of Islam.

A bench headed by Chief Justice B R Gavai on May 22 had reserved the interim orders on these issues after hearing both sides in the waqf case.

One of the issues relate to the power to denotify properties declared as “waqf by courts, waqf-by-user or waqf by deed” prescribed in the Waqf (Amendment) Act, 2025.

Before reserving the interim order, the bench heard arguments by advocates appearing for those challenging the amended waqf law, and Solicitor General Tushar Mehta, representing the Centre, on three consecutive days.

The bench previously identified the three issues, on which a stay was sought by the petitioners, for passing interim orders.

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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