SC questions removal of ‘Waqf by User’ provision in new amendment law

The Supreme Court on Wednesday expressed serious concerns over the removal of the 'waqf by user' provision in the recently passed Waqf (Amendment) Act, stating that denotifying such properties could have “huge consequences.” A three-judge bench led by Chief Justice Sanjeev Khanna made the remarks while hearing a batch of 73 petitions challenging the constitutional validity of the amended law.

At the centre of the debate is the government's move to revoke recognition of waqf properties established through long-term religious use, even without formal documentation. ‘Waqf by user’ traditionally allowed properties to be treated as waqf if they were used for Islamic religious or charitable purposes over an extended period.

Also Read: President approves Waqf (Amendment) Act, 2025: Major overhaul in management of religious endowments

The bench questioned the feasibility of requiring ancient mosques—many built between the 14th and 16th centuries—to produce sale or registration deeds, noting that such records often do not exist. “You can’t say there will be no genuine [waqf by user],” the court observed.

The Centre was asked to clarify its position on whether waqf by user will continue to be recognised. The bench stressed that undoing established waqf properties could disrupt longstanding religious practices.

While the amended law includes exemptions for disputed properties and government land, the court signalled that a broader impact must be considered. The hearing will resume on Thursday.