The Supreme Court discussed whether waqfs are a fundamental part of Islam or a charitable act, as petitioners argued the Waqf Amendment Law violates rights and the government claimed waqfs are not essential to practice of the religion.
A discussion on waqfs – charitable donation to be de-linked from Islam or an integral part of that religion, ‘a dedication to God… for spiritual benefit’, – was a highlight in the Supreme Court Thursday as petitioners concluded arguments saying the Waqf (Amendment) Law violates fundamental rights.
Responding to the government’s argument Wednesday – that while ‘waqf’ is an Islamic concept it is not an essential part of the religion and, therefore, not a fundamental right – senior advocate Kapil Sibal told the court, “Waqf is a dedication to God… for afterlife. Unlike other religions, waqf is a charity to God…”
The court, though, pointed out that ‘religious donation’ isn’t exclusive to Islam; “… in Hinduism there is ‘moksha’,” Chief Justice BR Gavai said. “Charity is a fundamental concept of other religions too…”
And Justice Augustine George Masih, the second judge on the bench, referred to a similar provision in Christianity, and said, “We are all trying to get into ‘heaven’.”
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