Onlykashmir.in News Desk
New Delhi, April 7, 2025 – The All India Muslim Personal Law Board (AIMPLB) has filed a petition in the Supreme Court challenging the recently enacted amendments to the Waqf Act, which were passed by Parliament. The petition was submitted late last night and raises significant concerns regarding the constitutionality and fairness of the new provisions.
Dr. SQR Ilyas, spokesperson for the Board, articulated the organization’s position in a press statement, asserting that the amendments are arbitrary, discriminatory, and exclusionary. He emphasized that these changes infringe upon the fundamental rights enshrined in Articles 25 and 26 of the Constitution of India, which guarantee freedom of conscience, the right to practice and propagate religion, and the right to establish and manage religious and charitable institutions. According to Dr. Ilyas, the amendments effectively undermine the ability of the Muslim minority to manage their own religious endowments, indicating a troubling government intent to exert control over Waqf administration.
The petition highlights that the newly enacted law imposes restrictions that are inconsistent with both the Indian legal framework and Islamic Shariah principles. Notably, the requirement that a waqif (donor) must be a practicing Muslim for at least five years raises questions about its alignment with Articles 14 and 25 of the Constitution, which guarantee equality before the law and freedom of religion.
Furthermore, Dr. Ilyas pointed out that the petition underscores the discriminatory nature of the law, particularly in light of the protections afforded to endowments of other religious communities such as Hindus, Sikhs, Christians, Jains, and Buddhists. He urged the Supreme Court, as the guardian of constitutional rights, to annul these contentious amendments and safeguard the rights of the Muslim minority from encroachment.
The petition was prepared by senior Supreme Court advocate M.R. Shamshad, with Advocate-on-Record Talha Abdul Rahman representing the AIMPLB. It was officially filed by the Board’s General Secretary, Maulana Mohammed Fazlurrahim Mujaddidi.
As this legal challenge unfolds, it is poised to address critical issues surrounding religious autonomy and minority rights in India, with implications that extend beyond the Waqf Act itself.
