SC has declared that ‘once a waqf, always a waqf’

• The Waqf (Amendment) Act, 2025, is argued to violate the court’s principle of “once a Waqf, always a Waqf” to deprive the Muslim community of Waqf lands.

• Organisations like Samastha Kerala Jamaithul Ulema argue that the law attempts to control large tracts of Waqf property, which have been owned by the minority community for centuries.

• The law expands state control over Waqf assets, limits individual ability, and subjected Waqf properties to heightened scrutiny, breaching the 1954 judgment in Ratilal Panachand Gandhi versus The State of Bombay.

• The Supreme Court declared ‘Waqf’ as a form of charity under Islam with Koranic roots in 1998.

• The amendments introduced by the new law defeat the objective of the original Waqf Act of 1995 to “better administer” Waqf properties.

• The amendments eliminate concepts recognized by the top court, including “Waqf by user”, which allows Waqfs to be created verbally, under a deed, or by long use.

• The new amendments limit the Waqf Tribunal’s ability to recognize properties as Waqf based on historical usage, violating Article 26, which guarantees religious denominations the right to manage their own affairs.