India, Sept. 16 -- The Supreme Court (SC) of India on Monday refused to stay the entirety of the Waqf (Amendment) Act, 2025. The court, however, put on hold the implementation of the provision requiring that a person must have practised Islam for at least five years before creating a Waqf, holding that without a mechanism in place by the Government to determine such eligibility, the clause could lead to arbitrariness.
In a 128-page interim judgement on the petitions challenging the law, the court also stayed the provisions (specifically parts of Section 3C) that granted wide-ranging powers to a District Collector to determine if a property was Government-owned land and not a Waqf property. It held that allowing the executive to adjudicate ...