In Hindus, there's Moksh: Supreme Court on 'waqf is charity to God' argument
"In Hindus, there's Moksh," the Supreme Court remarked on Thursday as it heard petitioners responding to Centre's arguments in favour of the Waqf (Amendment) Act, 2025.The development came a day after the Centre told the court that waqf is nothing but charity and is not an essential part of Islam.In response to Centre's argument, senior advocate Kapil Sibal, representing the petitioners, told the court today, "Waqf is a dedication to God, for afterlife. Unlike others, Waqf is a charity to God. Charity is to a community, Waqf is a dedication to God. This is for the future, for a spiritual benefit."advertisement
To this, the Chief Justice remarked, "In Hindus, there's a concept of Moksha". Justice Augustine George Masih echoed the Chief Justice, referring to a similar provision in Christianity, saying, "we all try to get to heaven".Countering the Centre' argument, Advocate Rajiv Dhawan said that, according to the Vedas, temples are not an essential part of Hinduism. "There is a provision to worshipping nature. There are gods of fire, water and rain. There are mountains, oceans etc".Notably, the petitioners had earlier claimed that waqf is basically charity in the name of God, to which the Centre had replied that charity is integral to all religions."Waqf is an Islamic concept. But it is not an essential part of Islam... Waqf is nothing but just charity in Islam. Judgments show that charity is part of every religion and can happen for Christianity also. Hindus have a system of daan. Sikhs also have it," Solicitor General Tushar Mehta had said on Wednesday.advertisement"Charity is a fundamental principle of other religions also," Chief Justice Gavai said on Thursday, apparently intending to draw parallels between religions when it came to donations.Sibal then raked up the provision paving the way for non-Hindus to be included in the Central Waqf Council and state waqf boards, saying that as far as the endowment of Hindu religious places is concerned, non-Hindus are not included in it."But as far as waqf is concerned, here also non-Muslims are not included in it. The reservation for four persons has been made for non-Muslims. In my opinion, even one is enough".
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