Question

Which clause in the Waqf Amendment Act, 2025, was stayed by the Supreme Court for requiring 5-year practice of Islam for waqf creation?

Hint:

The stayed clause = 5-year Islam practice requirement. Reason = violates Arts. 25–26–14; undermines waqf-by-user and new converts.

Answer 1

The Supreme Court stayed the operation of the **clause requiring that a waqif (person creating a waqf) must have practised Islam continuously for 5 years** before creating a waqf. 
This requirement was contained in: 

\[\boxed{Section 3(1)(b) / Proviso to the definition of “waqif” in the Waqf Amendment Act, 2025}\]

 (Exact renumbering may vary by Bill draft, but the stayed clause is the “5-year practising Muslim” requirement in the definitional section.) 
Why did the SC stay it? 
Because it prima facie violates: 

Article 25 – right to freely profess and practise religion, 
Article 26 – denominational autonomy to administer religious endowments, 
Article 14 – arbitrary classification between 5-year practitioners vs new converts, 
Article 300A – prevents valid religious dedication of property. 
The Court observed that: 
The State cannot condition the validity of a religious dedication on the “duration” of religious practice. 
Thus, the stay protects: 

new converts, 
individuals wishing to dedicate property without waiting 5 years, 
waqf-by-user doctrines.