SC to examine whether man made laws can regulate waqf properties

The Supreme Court has decided to examine an important issue raised by both Shia and Sunni sects of Islam whether Waqf properties can be regulated by man-made laws or the laws made by the State.

A bench comprising Justices Altamas Kabir and J Chelameswar on Friday last week issued notices to Maharashtra government.

The petitioners have raised an important question that “since according to Muslim tenets the Waqf property is devoted to Allah and belongs to him, under these circumstances state cannot make laws to regulate the properties already vested in the Almighty.” The petitioners have come in appeal against the judgement of the Bombay High Court which said that Waqf properties tax enacted by Maharashtra government is valid.

The apex court has also directed all the concerned parties to maintain status quo till further orders in relation to the Waqf properties in Maharashtra.

The petitioners have also challenged the 2002 notification issued by Maharashtra Charity Commissioner, saying that all properties registered under the Public Trust Act shall now be regulated by the Waqf properties Act 1995. UNI

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