Gujarat High Court classifies Muslim trust as waqf

The Gujarat High Court has ruled that a Muslim trust registered under the Bombay Public Trust Act can be classified as a waqf under Section 43 of the Waqf Act, 1995.

A division bench comprising Justice Ilesh J Vora and Justice R T Vachhani rejected a challenge by the Muslim Kuza Farosh Jamat Trust. The trust argued it was strictly a charitable trust and noted that the Gujarat State Waqf Board had previously declared it was not a waqf in 2011. However, the court found that the 2011 communication from the Waqf Board’s CEO lacked evidence of a proper inquiry.

The trust was originally registered in 1952 for the welfare and education of its community. Under Section 43 of the Waqf Act, entities registered under previous laws are deemed to be registered under the 1995 Act. The court concluded that because the trust was already registered under the Bombay Public Trust Act, the provisions of Section 43 applied, maintaining its status as a waqf.