Supreme Court stays several provisions of Waqf Amendment Act

The Supreme Court on Monday stayed several provisions of the Waqf Amendment Act, including one that requires a person creating a waqf to have been a practicing Muslim for at least five years, Live Law reported.

The court, however, said no case had been made to stay the entire amendment.

In its interim order, the court said that the five-year requirement would be suspended until state governments frame rules to determine how such a condition can be verified.

A bench comprising Chief Justice BR Gavai and Justice Augustine George Masih said that without such a mechanism, the provision could lead to arbitrariness.

A waqf is an endowment under Islamic law dedicated to a religious, educational or charitable cause. Each state has a waqf board led by a legal entity vested with the power to acquire, hold and transfer property.

The court has been hearing a set of petitions challenging the Waqf Amendment Act, which critics say discriminates against Muslims and interferes with waqf property management. The Centre has defended the law, saying it aims to prevent misuse of waqf provisions to encroach on public and private land.

On Monday, the Supreme Court also said that the number of non-Muslim members in the Central Waqf Council cannot exceed four, Bar and Bench reported.

State waqf boards cannot have more than three non-Muslim members, the court...

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