New Delhi: The Supreme Court on Thursday reserved its decision on interim directions regarding pleas challenging the constitutional validity of the Waqf (Amendment) Act, 2025. A bench of Chief Justice B.R. Gavai and Justice A.G. Masih heard arguments from both sides on the controversial provision of "waqf by user".

Senior Advocate Rajeev Dhawan argued that waqf is an essential Islamic practice, rooted in Hadiths and previously acknowledged by the Joint Parliamentary Committee (JPC). He criticized the Centre’s claim that waqf is non-essential, calling it an attempt to bypass protections under Articles 25 and 26 of the Constitution.

Solicitor General Tushar Mehta, representing the Centre, defended the amendment, especially Section 3E, which bars creation of waqf in Scheduled Tribe areas, stating it protects the interests of tribals. He said waqf creation is irreversible and could affect tribal rights.

Justice Masih questioned this view, remarking that "Islam is Islam", suggesting that religious identity should not be fragmented.

Senior Advocates Rakesh Dwivedi and A.M. Singhvi debated whether the concept of waqf by user is rooted in Islamic law or a colonial-era legal adaptation. Dwivedi asserted that the concept does not exist outside India and originated through adverse possession, not Islamic tradition.

Advocate G. Priyadharshini highlighted that even villages with pre-Islamic temples were being claimed under waqf. Kapil Sibal added that under the new Act, waqf-by-user properties won't be recognized if ownership is disputed or if it is government land—essentially nullifying such waqfs.

CJI Gavai noted that while waqf registration wasn't mandated in 1923, later laws from 1954 onward required it, indicating a long-standing legal expectation.

The court has reserved its verdict on the matter.