Waqf Act: SC Says Possibility Of A Person Converting To Islam To Take Benefit

Contributing sentiments towards policy:

50% : We are, therefore, of the considered view that unless the rules are made by the Central Government by exercising its rule-making power under Section 109 of the Amended Waqf Act, the provision of Section 3(r) of the Amended Waqf Act requiring a person to show or demonstrate practice of Islam for at least 5 years in order to dedicate a movable or immovable property for the purpose of creating a waqf cannot be given effect to," read the order.
49% : "Therefore, the possibility of any person not belonging to the Muslim community, converting to the Islamic religion only in order to take benefit of the protection of the Waqf Act so as to defeat creditors and evade the law under the cloak of a plausible dedication cannot be ruled out," the bench said in the order.
47% : The Supreme Court on Monday said it cannot rule out the possibility of a person converting to Islam only to take the benefit of the protection of the Waqf Act to evade the law or to defeat creditors.
47% : The apex court ruled that a provision in the Waqf Act, which requires a person practising Islam for five years creating a waqf, cannot be said to be "arbitrary", but stayed the operation of this clause since no mechanism or procedure has been provided as of now for ascertaining as to whether a person has been practising Islam for at least 5 years or not.

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