‘Hindus Have Moksha’: Supreme Court Weighs in on Waqf Charity Debate Amid Legal Challenge

The Supreme Court on Thursday reserved its order on the legal challenge to the Waqf (Amendment) Act, 2025, after hearing extensive arguments over three days. The case saw a sharp debate on the religious significance of waqf, with the petitioners defending it as a spiritual endowment and the Centre describing it as a general form of charity not exclusive or essential to Islam.

During the hearing, Chief Justice DY Chandrachud responded to arguments asserting the religious sanctity of waqf by drawing a parallel: “In Hindus, there is a concept of Moksha,” he said. Justice Augustine George Masih added, “We all try to get to heaven,” referencing similar spiritual aims across religious traditions.

Senior advocate Kapil Sibal, representing the petitioners, argued that waqf is not just any charity but a unique religious dedication to God, meant for the afterlife. “Waqf is for spiritual benefit. Charity may be to people, but waqf is directed towards God,” Sibal said.

This came in response to the Centre’s position, presented a day earlier by Solicitor General Tushar Mehta, who argued that waqf is simply a form of charity. “Charity is common to all religions — Hindus have daan, Christians have almsgiving, Sikhs also follow it. Waqf is not an essential part of Islam,” Mehta had said.

The debate also touched on broader questions of religious endowments. Advocate Rajeev Dhavan argued that even in Hinduism, temple worship is not the only spiritual path. “According to the Vedas, worship can include natural elements like fire, water, mountains, and oceans,” he said, countering the notion that specific institutions or structures are essential to any one religion.

Another contentious point was the inclusion of non-Muslims in waqf boards. Sibal highlighted that unlike Hindu religious endowments, where non-Hindus are excluded, the amended waqf law allows for non-Muslims in advisory roles. “Even one non-Muslim on a waqf board is enough. But the law reserves four positions,” he noted.

The bench, comprising Chief Justice BR Gavai and Justice Augustine George Masih, reserved its verdict, which is expected to be delivered on Friday.