Jamiat Ulama-i-Hind Moves Supreme Court Against Waqf (Amendment) Act; Calls It Unconstitutional

Jamiat Ulama-i-Hind has filed a writ petition in the Supreme Court challenging the constitutional validity of the Waqf (Amendment) Act, 2025, shortly after it received presidential assent.

The petition seeks interim relief to halt its notification and enforcement, with the organization calling it a direct violation of religious freedoms guaranteed by the Constitution.

The petition, filed under Diary Number 18261/2025, argues that the new amendments undermine the Waqf Act, 1955, and violate Articles 14, 15, 16, 25, 26, and 300A of the Constitution.

The Jamiat has also filed an interim application seeking to restrain the central government from issuing the notification for enforcement under Section 1(2) of the Act.

“Protecting Waqf Is Our Religious Duty”

President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, reiterated the group’s commitment to defending Waqf properties and religious rights.

He stated that the new law is an unconstitutional attempt to erode religious freedom and accused political parties, including those claiming to be secular, of betraying constitutional values for political gain.

He asserted that the Jamiat will continue its ‘legal and democratic struggle’ until the last drop of blood, vowing to protect Waqf institutions and the Constitution.

The organization is also planning to file similar challenges in various state High Courts.

Legal Concerns Raised

The petition criticizes provisions such as the abolition of the ‘Waqf by user’ system, which had been acknowledged by the Supreme Court in the Babri Masjid verdict.

It also opposes the removal of the requirement for a Muslim CEO on Waqf Boards, calling it a discriminatory and unjust move.

Advocate-on-Record Fuzail Ayyubi, under Madani’s guidance, filed the petition and emphasized that these amendments could severely damage Waqf administration and its role in Muslim community welfare.

Maulana Madani expressed disappointment with secular parties that supported the bill, accusing them of compromising constitutional principles for power.

However, he thanked those leaders who stayed in Parliament to oppose the bill and civil society members who raised their voices outside.

As the legal battle begins, Jamiat Ulama-i-Hind is also preparing to request an urgent hearing before the Chief Justice of India.

The organization hopes for a swift and fair judgment in defense of religious freedom and constitutional integrity.

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