SC order on Waqf: Muslim bodies welcome putting on hold certain provisions but disappointed with refusal to stay entire law

New Delhi, Sep 15 (PTI) Muslim bodies on Monday reacted cautiously to the Supreme Court's order on the new Waqf law as they welcomed its decision putting on hold several key provisions, but expressed disappointment over the refusal to stay the entire law which they claimed leaves "numerous harmful provisions" in operation.

Political parties, however, welcomed the interim order with the Opposition, including the Congress, saying it has put on hold controversial clauses that "infringed" on the rights of Muslims and the BJP contending that the court has upheld the constitutionality of the law by not staying it.

Union Minister for Minority Affairs Kiren Rijiju welcomed the order on the law, saying it was a very good sign for democracy.

"I believe that whatever the apex court has ruled is a very good sign for our democracy," Rijiju told reporters in Mumbai. "The provisions in the Act are beneficial to the entire Muslim community," he said.

Expressing disappointment over the top court's order in the Waqf case, the All India Muslim Personal Law Board (AIMPLB) said it was "unsatisfactory" as the refusal to stay the entire law leaves "numerous harmful provisions" in operation, including the prospective de-recognition of 'Waqf by user'.

The Muslim body also asserted that its 'Save Waqf Campaign' will continue with full strength and nationwide protests will culminate in a massive rally at Ramlila Maidan in Delhi on November 16.

AIMPLB spokesperson S Q R Ilyas said the Board maintains that the entire amendment is a deliberate move to weaken and seize waqf properties and, therefore, demands the complete repeal of the Waqf (Amendment) Act, 2025.

The AIMPLB has expressed disappointment over the Supreme Court's interim order on the Waqf (Amendment) Act 2025, describing it as "incomplete and unsatisfactory", its statement said.

Besides AIMPLB, Jamiat Ulema-e-Hind, Jamaat-e-Islami Hind and All India Shia Personal Law Board also expressed disappointment over not staying the entire law.

These organizations expressed disappointment over not banning the inclusion of non-Muslim members in the Central Waqf Council and State Waqf Boards, but described limiting their number as some relief.

Maulana Mahmood Madani, head of prominent Muslim organization Jamiat Ulema-e-Hind, said in a statement that the apex court's decision is somewhat satisfactory and also provides partial relief in some other cases.

The former Rajya Sabha member said that the biggest and basic issue is that of 'Waqf by User'.

Maulana Ashrad Madani, who heads the other faction of the Jamiat, said that his organization welcomes the decision of interim relief on three important controversial sections of the Waqf Act and "will continue its legal and democratic struggle till this black law is abolished".

He said, "We are sure that the Supreme Court will give us complete constitutional justice by abolishing this black law." Madani, however, expressed concern over stay not being given against the prospective de-recognition of 'Waqf by user'.

Jamaat-e-Islami Hind president Syed Sadatullah Husaini said the order has exposed major constitutional flaws in the Act and curbed some of the government's most arbitrary provisions.

"The community appreciates the interim protection granted, particularly against executive interference in Waqf properties and the suspension of impractical conditions such as the five-year Islam requirement. At the same time, key concerns remain unaddressed, especially the abolition of Waqf by user," he said.

All India Shia Personal Law Board general secretary Yasoob Abbas said, "We respect the Supreme Court's decision. We have full faith in our courts and we are hopeful of getting justice." The Supreme Court on Monday put on hold several key provisions of the Waqf (Amendment) Act, 2025 including the clause that only those practising Islam for the last five years can dedicate a property as Waqf, but refused to stay the entire law outlining the presumption of constitutionality in its favour.

The BJP welcomed the apex court's order and said it sends out a message to those who were playing "politics of fear" and building a "negative narrative" that the amendments made in the Waqf law "constitutionally correct".

"Certainly it's a welcome decision. The double bench comprising Chief Justice B R Gavai has accepted the amendments brought by the government and rejected the petition against it. There is no stay on the entire operation of the amendments," BJP national spokesperson Nalin Kohli told PTI.

The Congress termed the court's decision as a win for constitutional values of justice, equality and fraternity, while asserting that it goes a long way towards undoing the "mischievous intentions" underlying the original statute.

Congress president Mallikarjun Kharge said the apex court in its interim order reaffirmed its resolve to protect the rights of minorities -- a cause for which the Opposition stood united against the Modi government.

"The BJP had sought to bulldoze a divisive law, designed solely to inflame communal passions and reopen issues that India had long settled. The Congress party stands firm in defending the rights of every citizen, without fear or favour, as guaranteed by our Constitution," Kharge said on X.

The BJP, in contrast, thrives on dividing society for narrow electoral gains, he alleged.

Congress general secretary in-charge communications Jairam Ramesh said, "The Order is an important one because it goes a long way towards undoing the mischievous intentions underlying the original statute." "We welcome this order as a win for the constitutional values of justice, equality, and fraternity," he added.

Congress general secretary K C Venugopal said the decision is yet another "tight slap" on the face of the government that is solely focused on "destroying" the Constitution.

AIMIM president Asaduddin Owaisi said the top court has given an interim order on the Waqf (Amendment) Act and hoped that it would soon pass its verdict on the whole legislation itself.

"The finality of the Act has not been decided. It's only an interim order. Let us hope they quickly decide the whole issue of the Act itself," he told reporters in Hyderabad.

Left parties too welcomed the verdict, with CPI-M general secretary M A Baby saying the court has stayed certain provisions of the Waqf (Amendment) Act, including the one that mandated a disputed property would not be treated as Waqf unless the executive permits it after an inquiry. PTI ASK AO SJR NAV VT SKC KVK KVK