Supreme Court stays key provisions under Waqf Amendment Act 2025, including one that says encroached govt land cannot be ‘Waqf’ till dispute is resolved

The Supreme Court of India has stayed the provision under the Waqf Amendment Act that says a person should be a practitioner of Islam for at least 5 years to create a Waqf.

SC has stated that the provision wll be stayed till State governments frame rules on determining whether a person is a practitioner of Islam.

Additionally, the SC has also stayed the provision under the Waqf Amendment Act that says a property will not be treated as a Waqf land till the dispute whether there is encroachment of the government land is decided by the designated officer of the Government.

It is notable here that the alleged Waqf lands in India face a staggering level of disputes and litigation. Waqf Boards across the country manage over 8.7 lakh properties, totalling around 9.4 lakh acres, with 40,951 pending tribunal cases, including 9,942 from the Muslim community itself.