Supreme Court petitions argue the Waqf (Amendment) Act, 2025 violates the principle "once a Waqf, always a Waqf", risking conversion of Muslim community’s age-old Waqf lands.
Samastha Kerala Jamaithul Ulema claims the law seeks to control vast Waqf properties owned by Muslims for centuries.
The law increases state control, limits individual rights, and imposes stricter government scrutiny, contradicting the 1954 Supreme Court judgment protecting religious property.
The 1998 Sayyed Ali case declared Waqf as a permanent charitable trust under Islam, reinforcing the “once a Waqf, always a Waqf” principle.
1985 K. Nagaraj case held that amendments nullifying the original objectives of a law can be struck down as “ultra vires” (unconstitutional).
The law removes “Waqf by User”, which recognized properties used for religious purposes over time, even without formal deeds.
The 2019 Ram Janmabhoomi verdict acknowledged the validity of “Waqf by User”, reinforcing its legal recognition.
Article 26 guarantees religious groups the right to manage their affairs, which the new law violates by limiting the Waqf Tribunal’s power.
The law allows challenges to centuries-old Waqf properties, risking their conversion to private or government land.
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