Supreme Court Halts Two Key Provisions of Waqf Amendment Act

Supreme Court Halts Two Key Provisions of Waqf Amendment Act
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The Supreme Court has declined to issue a complete stay on the Waqf (Amendment) Act, 2025, but has temporarily halted the operation of two of its key provisions.

According to an article by Maktoob Media, the court’s decision blocks the implementation of Section 3(1)(r), which requires five years of continuous practice of Islam to establish a Waqf. It also prevents a government-designated officer from having the power to decide on Waqf property encroachment disputes. The Court reasoned that an executive officer should not be given such authority, citing the doctrine of separation of powers.

While the Court did not interfere with the inclusion of non-Muslim members in Waqf Boards, it stipulated that ex-officio members should be Muslim whenever possible and set limits on the number of non-Muslim members. The Court also refused to stay the registration requirement but did extend the compliance deadlines. A detailed judgment is still pending following the three-day hearing.