The Act is a dangerous conspiracy to strip Muslims of their religious freedom, says Jamiat Ulama-i-Hind chief Maulana Arshad Madani
Team Clarion
NEW DELHI – Jamiat Ulama-i-Hind has challenged the constitutional validity of the Waqf (Amendment) Act in the Supreme Court stating that the legislation is a direct attack on the constitution, which not only provides equal rights to all the citizens of the country but also grants them complete religious freedom.
“This bill is a dangerous conspiracy to strip Muslims of their religious freedom. Therefore, we have challenged the Waqf (Amendment) Act in the Supreme Court, and the state units of Jamiat Ulama-i-Hind will also challenge the constitutional validity of this law in the high courts of their respective states. We are confident that just as the court has delivered justice in many cases, we will also get justice in this important and unconstitutional law,” said Jamiat in a statement released on Sunday.
The Waqf Act, enacted by the central government, received the President’s assent on Saturday, meaning the law has been officially approved and will soon be enforced.
Jamiat has not only challenged various provisions of the Waqf Act but has also filed an interim petition in the court to prevent the law from coming into effect. This request has been made to the court under Section 1(2) of the Amendment Act. The petition was filed through Advocate-on-Record Fuzail Ayyubi stating that the law is unconstitutional and devastating for the Waqf administration and Waqf properties.
The Jamiat petition has been assigned Diary Number 18261/2025. Along with the civil writ petition, an interim application has also been submitted, seeking to restrain the central government from issuing the notification.
The petition objects to the abolition of the Waqf by user system and states that the Supreme Court, in the Babri Masjid-Ram Janmabhoomi case, accepted the concept of Waqf by the user, which has been a part of the Indian judiciary.
The petition also challenged the removal of the requirement for a Muslim Chief Executive Officer on the board. The petition noted that due to these unconstitutional amendments, the foundations of the Waqf Act, 1955, have been undermined, and this violates Articles 14, 15, 16, 25, 26, and 300A of the Constitution.
Jamiat Ulama-i-Hind chief Maulana Arshad Madani stated that he had announced long ago that if, God forbid, this bill becomes law, we would challenge it in the Supreme Court. Therefore, immediately after the President’s signature on the bill, Jamiat Ulama-i-Hind filed a writ petition against it.
“We made every possible effort on our part, including organising several ‘Save Constitution conferences’ to awaken the conscience of those who, in their lust for power, have forgotten the guiding principles of the Constitution. Unfortunately, our fears came true. The very parties that claim to be secular have not only sold out the interests of Muslims for the sake of their power but have also trampled the Constitution under their feet. They have removed the mask from their faces and revealed their true selves to the entire country,” Maulana Madani said.
He added that their actions have proven that they have no regard for the Constitution or secularism. “Their political interests are their only priority, and they are willing to go to any extent to achieve them. This behaviour is more dangerous than that of communal forces because they stab you in the back while pretending to be friends. A hypocrite is far more dangerous than an open enemy,” said Jamiat president while criticising the secular allies of the ruling Bharatiya Janata Party (BJP).
Maulana Madani emphasised that the secular people of the country, especially the Muslim community, will never forgive these so-called secular leaders for the disgraceful mockery they made of the Constitution and secularism by siding with the government.
He asserted that through legal struggle, his organisation will leave no stone unturned to stop the implementation of this oppressive law, and will continue legal and democratic struggle for the supremacy of the constitution, secularism, democracy, and the protection of endowments until the last drop of blood.
“This law is not only an interference in our religious affairs but also goes against the fundamental principles of the constitution, which grant complete religious freedom to every citizen of the country. This law is not for the betterment and welfare of Muslims but rather a severe attack on their religious freedom,” said Maulana Madani.
