Kashmiri Lawyer Representing PDP Enlightens Supreme Court on Islamic Roots of Wakaf, Argues Wakaf Is a Core Religious Practice
New Delhi, May 28, KNT: In the Supreme Court deliberations on the contentious Wakaf Law, senior lawyer Abdul Majeed Dar, representing the People’s Democratic Party, offered an illuminating religious perspective rooted in Islamic theology, drawing the attention of the two-judge bench led by the Chief Justice of India B. R. Gavai.
Advocate Dar, the lone voice from Jammu and Kashmir at the apex court in this case, argued that Wakaf is not just a legal framework but a deeply entrenched religious obligation in Islam. Citing the Holy Quran and Hadith, he informed the court that Wakaf is mentioned in Chapter Baqara and is referred to as a spiritual act of ‘Sadqa Jaria,’ a perpetual form of charity.
“Wakaf is an Arabic term meaning ‘to hold’ or ‘to dedicate’,” Dar explained, emphasizing its foundational importance in Islamic practice. “It is an essential religious tradition tied to the faith’s spiritual and social fabric. The Prophet (PBUH) himself institutionalised Wakaf after migrating to Medina in 622 CE, where he ordered 11 date orchards to be dedicated for public benefit. That marked the beginning of Wakaf as we know it today,” he elaborated.
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Dar reminded the bench that Wakaf is not merely an administrative construct but a living religious tradition that continues to impact millions of lives. He highlighted that shrines and religious endowments in Jammu and Kashmir have existed for over 700 years, forming an integral part of the region’s spiritual and cultural heritage.
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Advocate Dar told the news agency Kashmir News Trust that the Supreme Court bench appreciated him for enlightening them the concept of Wakf through the prism of Islamic history.
According to reliable legal sources, the court is expected to pronounce its decision as early as next week. There is strong speculation that the bench may stay some of the controversial provisions of the Wakaf Law that have drawn widespread concern from religious and political stakeholders. [KNT]
