India’s Supreme Court has decided not to completely stay the controversial Waqf Amendment Act, but on Monday, it temporarily suspended certain provisions of the new law.
The amended law on Waqf property management was passed after debates in both houses of Parliament and signed by President Droupadi Murmu on April 5 this year. Nearly a hundred petitions had been filed seeking to suspend the law. All cases were consolidated into a single matter heard by a bench comprising Chief Justice B.R. Gavai and Justice A.G. Masih.
The bench has stayed the provision requiring a donor to have practiced Islam for at least five years to make a Waqf donation. The judges noted that clear instructions regarding this process could be issued when state governments issue rules under the amended law.
The Supreme Court also ruled that the Central Waqf Council can have a maximum of four non-Muslim members, and State Waqf Boards can have up to three non-Muslim members. While the provision allowing a non-Muslim to serve as the Chief Executive of a State Waqf Board has not been suspended, the court emphasized that a Muslim should be appointed to this position whenever possible.
Previously, district magistrates had the authority to survey land or property to determine whether it qualified as Waqf. Under the Supreme Court’s new order, this authority will not rest with the district magistrates for the time being.
Source: BBC