Waqf an Islamic concept but not essential part of faith, Centre tells Supreme Court

Waqf is an Islamic concept but not an essential part of the faith, the Union government told the Supreme Court on Wednesday, reported Live Law.

The statement came in response to a clutch of petitions challenging the constitutional validity of the Waqf Amendment Act, 2025.

Solicitor General Tushar Mehta, representing the Union government, told a bench of Chief Justice BR Gavai and Justice Augustine George Masih that waqf boards discharged secular functions and hence, the inclusion of non-Muslims in them was permissible.

The bench adjourned the matter till Thursday after hearing arguments for more than three hours. No interim order was passed.

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.

“Charity is part of every religion,” Bar and Bench quoted Mehta as saying. “It is part of Christianity also, but the Supreme Court says it is not an essential part…Hindus have a system of daan [charity], Sikhs also have…but it is not an essential part.”

Stating that the functions of the waqf boards were “purely secular”, the solicitor general added: “Having a maximum of two non-Muslim members – would it change any character? Waqf board is not touching upon any religious...

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