Introduction

On September 15, 2025, the Supreme Court of India delivered a significant ruling that will have long-term implications for the administration of Waqf properties across the country. The Court refused to stay the operation of the Waqf (Amendment) Act, 2025, which abolishes the concept of ‘Waqf by User.’ This legal concept had, for decades, allowed a property to be treated as Waqf solely based on its continuous use for religious or charitable purposes, even in the absence of a formal Waqf deed or written dedication.

The judgment has stirred debate because of its potential impact on thousands of age-old mosques, dargahs, graveyards, and other religious properties that were recognized as Waqf only through public usage. However, the Supreme Court has made it clear that the move is neither arbitrary nor unconstitutional.

Understanding ‘Waqf by User’

Traditionally, Waqf in Islamic law refers to a permanent dedication of property for a religious, pious, or charitable purpose. Under Section 3(r)(i) of the Waqf Act, 1995, even if there was no formal deed, properties could still be classified as Waqf if they had been used consistently for religious or charitable purposes over time.

For instance, if a piece of land had been used as a burial ground or a mosque for decades, it could be declared Waqf by the State Waqf Board, even if no formal documentation existed. This recognition was meant to protect religious and community interests. However, the provision also gave rise to disputes, as many government and private lands were later claimed as Waqf without clear legal proof.

Petitioners’ Concerns

The petitioners challenging the 2025 amendment argued that its deletion of Section 3(r)(i) would cause irreparable harm to many historic properties that lack formal documentation. According to them, countless Waqf properties were created centuries ago when formal registration was not common, and their existence is known only through community usage. Removing the concept of Waqf by User would, they argued, open the door for such lands to be taken over by the government or encroached upon by private parties.

They further contended that requiring a Waqf deed for recognition was an impractical burden on old religious institutions that had existed peacefully for generations.

Supreme Court’s Reasoning

The bench comprising Chief Justice of India BR Gavai and Justice AG Masih dismissed the plea for an interim stay, holding that the amendment was not arbitrary on a prima facie basis. The Court’s reasoning rested on several important points:

1. Registration Requirement Has Always Existed

The Court pointed out that the requirement to register Waqf properties has been in place since the Waqf Act of 1923, and this was reiterated in the 1954 and 1995 Acts. If Mutawallis (managers of Waqfs) did not comply with registration requirements for over a century, they cannot now claim a right to continue without registration.

2. Lack of Deed Was Never a Barrier

The judgment noted that under the original Waqf Act, it was not mandatory to produce a deed to apply for registration. Applicants could have simply provided details about the property’s origin, nature, and objects. Therefore, the argument that Waqf managers were unable to register due to missing deeds was not convincing.

3. Prospective Operation of the Law

The Supreme Court clarified that the deletion of Section 3(r)(i) would operate prospectively, i.e., from the date the Amendment Act came into force. This means existing registered Waqfs will not lose their status and there will be no retrospective government takeover of such properties.

4. Prevention of Encroachment and Misuse

The Court referred to the case of State of Andhra Pradesh v. Andhra Pradesh Waqf Board, where the Board’s notification declaring government land as Waqf property was quashed. The Court observed that the legislature was justified in taking corrective measures to prevent misuse and illegal occupation of public land under the garb of ‘Waqf by User.’

Mandatory Registration Reinforced

In addition to upholding the abolition of ‘Waqf by User,’ the Court also supported the amendments to Section 36 of the Waqf Act, which strengthen the requirement of registration. After the 2025 amendment:

• Every Waqf must be registered with the State Waqf Board.
• No new Waqf can be created without a formal Waqf deed.
• A six-month compliance window has been provided for registration of unregistered properties.
• Delayed applications can still be entertained by courts if sufficient cause is shown.

The Court emphasized that this is not a new obligation but a continuation of a long-standing statutory requirement aimed at ensuring transparency and proper record-keeping.

Implications of the Judgment

This ruling is a significant step towards improving governance of Waqf properties in India. By requiring formal documentation and registration, it minimizes the risk of fraudulent claims and unauthorized encroachments.

The judgment may also encourage Waqf Boards and Mutawallis to take urgent steps to regularize properties under their management. While some fear that unregistered historic Waqfs may be at risk, the Court’s clarification on prospective application and the provision for delayed registration offers a measure of protection. In the larger context, the decision strikes a balance between protecting genuine religious endowments and preventing misuse of public resources. It also reaffirms the legislature’s power to make regulatory changes in the interest of transparency and accountability.

Conclusion

The Supreme Court’s refusal to stay the Waqf (Amendment) Act, 2025, underscores the importance of proper documentation and compliance in managing religious endowments. The judgment clarifies that the abolition of ‘Waqf by User’ is a forward-looking measure intended to curb misuse and streamline administration. By giving Waqf managers sufficient time to register properties, the law ensures that genuine religious institutions are not left unprotected while preventing illegal encroachments.

This decision is likely to shape the future of Waqf governance in India, making it more transparent, accountable, and resistant to misuse — a step towards a more organized and legally secure system for managing religious and charitable properties.

References

• The Waqf Act, 1995. Section 3(r)(i), Section 36.
• The Waqf (Amendment) Act, 2025.
• IN RE: The Waqf (Amendment) Act, 2025, W.P.(C) No. 276/2025 (Supreme Court of India, September 15, 2025).
• State of Andhra Pradesh v. Andhra Pradesh Waqf Board, (2000) 3 SCC 653.
• Ali, S. (2014). Legal Perspectives on Waqf and Religious Endowments in India. Journal of Islamic Law, 12(3), 45–59.
• Shahid, A. (2019). Encroachment and Misuse of Waqf Lands: Legal Challenges in India. Indian Law Review, 5(1), 78–102.