Waqf creation not religious imperative: Centre

• Centre argues that creating a ‘Waqf’ is not an essential religious practice in Islam, stating that charity is not an essential part of any religion.

• The Centre submits that a Muslim who does not create a waqf would not be less Muslim or cease to be a Muslim.

• The Centre opposes an interim order to stay the implementation of the Waqf (Amendment) Act of 2025, arguing that the law focuses only on the secular and administrative aspects of Waqf institutions without interfering with essential religious practices.

• The Centre argues that creating a waqf is not mandatory in Islam and is not a fundamental right in itself.

• The Centre argues that mandatory registration of all waqfs from April 8, the date the 2025 law came into force, and “prospective denial” of the creation of new auqaf (plural of waqf) through ‘waqf by user’ did not deprive the Muslim community its right to create a waqf.

• The Centre also argues that an appeal against the decision of the designated officer could be made to the specialized waqf tribunal, the High Court of the State concerned, and the Supreme Court.