In a fresh legal battle over the newly amended Waqf (Amendment) Act, 2025, Samajwadi Party MP from Uttar Pradesh’s Sambhal, Zia Ur Rehman Barq, has approached the Supreme Court, calling the law unconstitutional and a threat to the religious rights of the Muslim community. The petition, filed through Advocate Suleman Khan, raises concerns over several provisions of the new law—particularly the removal of the “Waqf by user” clause, induction of non-Muslim members into Waqf councils, and the imposition of a five-year restriction on Muslims.
The petition argues that these provisions go against the fundamental rights guaranteed under Part III of the Constitution. Advocate Khan emphasized that the exclusion of “Waqf by user” is arbitrary and could lead to a significant loss of properties traditionally held by the Muslim community. “This provision alone will snatch away many properties that have been in religious use for generations,” Khan stated.
Contentious clauses under scrutiny
The petition also challenges the inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards. According to the petition, this move constitutes interference in religious affairs and violates the community’s right to manage its religious institutions independently. “How can a person of another faith be a part of a religious body meant to govern Muslim properties?” Khan questioned, adding that such a measure undermines the community’s autonomy.
Further, the law includes a five-year embargo for Muslims in certain appointments, which the petitioner argues is unjust and lacks a rational basis. Advocate Khan called this clause “arbitrary, discriminatory, and unconstitutional.” He also raised objections to the provision allowing donations from non-Muslim individuals, calling it another form of unwarranted intervention.
Opposition voices gain momentum
Zia Ur Rehman Barq is not the only political leader to move the apex court against the amended law. Several opposition leaders, including AIMIM Chief Asaduddin Owaisi, AAP MLA Amanatullah Khan, Congress MP Mohammed Jawed, and RJD MLA Muhammad Izhar Asfi, have also filed petitions challenging the legislation.
The Waqf (Amendment) Act, 2025, was passed by the Rajya Sabha on April 8 after a 12-hour-long debate. It received 128 votes in favour and 95 against. The new law amends the Waqf Act, 1995 and its 2013 amendment, both of which were foundational in regulating Waqf properties across India and had prohibited their sale while giving exclusive powers to Waqf Tribunals.
