All costs and expenses incurred by the Administrator in connection with any suit or proceedings in respect of any waqf or any waqf property to which the Administrator is a party and all costs decreed against the Administrator by the Court, shall be payable out of the funds of such waqf. A widow cannot constitute any waqf of the property which she holds in lieu of her unpaid dower because she is not an absolute owner of that property. Examples of such assets include schools, utilities, etc. Any mutawalli or other person who is entitled to attend before the Administrator or any other officer subordinate to him in connection with any proceedings under this Ordinance may, with the permission of the Administrator or such other officer, as the case may be, attend either in person or through any person authorised by him in writing in that behalf. Extinction of the right of wakif — The wakif loses all rights, even to the usufructs, of the property.
In the famous case of Ilahi Samsuddin v. It is the transfer of the property and all rights along with it, without expectation of any compensation. Powers and duties of the Deputy Administrators and Assistant Administrators 31. But a direction to pay debts, or to pay for improving, repairing and or expanding the waqf property or conditions relating to the appointment of mutawalli, etc. A waqf may be lawfully constituted by a Muslim for the benefit of Hindus or Christians etc. The Ḥanafīs hold that the list of beneficiaries include a perpetual element; the waqf must specify its beneficiaries in case. Limited interests in respect of property are not identical with the incidents of estates under the English law.
This gift is invalid since the mangoes were not in existence at the time of making the gift. However, these beneficiaries cannot sell or dispose of the property subject-matter of waqf. But, if the Waqf has no trustee, and one generation for whom the property has been waqfed, leases it out and they die during the currency of the lease, and the next generation does not endorse the lease, the lease becomes void; and if the lessee has given rent for the entire period, he is entitled to receive the refund of rent which covers a period from the time of their death till the end of the period of lease. In Rashed, Roshdi; Morelon, Régis. A valid waqf may, there fore, be made only of immovable property, but also of movables, such as shares in joint stock companies government promissory notes and even money. Articles 37 to 50 of the Sharjah Waqfs Law regulate the management of Waqfs.
There is no provision in the waqf act for appointing a person as mutawalli under section 42 of the waqf act it there is a successor named in the waqf deed. For example, a Hanafi Muslim may constitute a waqf of his house subject to a provision that income of the house i. What are the Key Terms of the New Sharjah Law? Credit must be given to the Muslim jurists for having developed the jurisprudence of waqf. These conditions are generally true for contracts in Islam. In other records, in the case of inter vivo waqfs the founder is competent to constitute a waqf of his entire properties whereas in respect of testamentary waqf the founder has no right to constitute waqf of more than one their of his properties without consent of this legal heir.
Accordingly, the risk of a successful challenge to a Waqf duly established under this new law should be minimal. Whether a person has right to constitute a waqf or not depends on the fact whether the dedicator has a legal right to transfer the ownership of the property or not. In a Calcutta case, it was said that the release of a debt is not a gift, as a gift must be of tangible property. From one aspect, they hold that all gifts except those which are made by one spouse to another, or to a person related to the donor within the degrees or prohibited relationship, are revocable. Earlier it was thought that Shia cannot create Wakf by will but now it has been approved. Quorum and President at meetings of the Committee 25. This is ensured through a legal fiction that waqf property becomes the property of God.
If you are seeking advice on any matters relating to information on this website, you should — where appropriate — contact us directly with your specific query or seek advice from qualified professionals only. The use of the word wakf is neither necessary nor conclusive. If the Deputy Commissioner objects to the enrolment on the ground that the said property belongs to the Central or the Government, the applicant shall be informed accordingly and, unless the applicant can produce a decision of the Civil Court to the contrary, the application for enrolment shall be rejected. Abdul Gaffar Khan:- It has been held that the waqf means detention of property in the ownership of God in such a manner that its profits may be applied for the benefit of his Servants. But however Mitakshara school of hindu law considers acceptance as an important ingredient for gift. By wakf board — Under section 64 of Wakf Act 1995, the Wakf board can remove mutawalli from his office under the conditions mentioned therein. To bring about uniformity in the administration of the auqaf throughout the country, the Central Government brought out the Waqf Act, 1995 which was implemented in the State of U.
Notification of changes in enrolled waqfs 51. Who can appoint a mutawalli — Generally, the wakif appoints a mutawalli. Irrevocable — In India, a wakf once declared and complete, cannot be revoked. In Shahar Bano vs Aga Mohammad , Privy Council held that there is no legal restriction on a woman becoming a mutawalli if the duties of the wakf do not involve religious activities. If the subject matter of a waqf is not owned by the settler at the time when the waqf is made, the settler has no right to make waqf. So it is a transfer of property immediately and without any exchange. By the court : It no such appointment is made the court may appoint a mutawalli.
If the members of the founders family is not a person possessing that qualification, the court may appoint a stranger, as happened in the case of Shabar Banoo v. Quays public waqfs Those which are partly public and partly to private for the benefit of a particular individual or class of individuals which may be the settlors family. Below are a few cases and commentaries on the law of Waqf in Pakistan. It is neither Hiba nor Hiba bil Iwaz. But, this rule has now no significance for India because no country is regarded as its enemy.
If you need to know more about the law in this respect and it affects your legal situation, we will be happy to help. The Adminidtrator shall have such powers of an Executive Magistrate as may be necessary for due administration, management, maintenance and protection of properties of a waqf estate. Issue 2695: If a person Waqfs a property, for example, for the poor, or for the Sayyids, or he Waqfs it for charitable purposes, and does not appoint the trustee for the Waqf, the discretion with regard to that Waqf rests with the Mujtahid. The Wakf Act, 1913, Section 2, defines wakf. Shia Law: Under the Shia law, a waqif cannot reserve any benefit for himself. In turn the State Wakf Boards work towards management, regulation and protect the Wakf properties by constituting District Wakf Committees, Wakf Committees and Committees for the individual Wakf Institutions. But, a waqf under Muslim personal law may be distinguished from a trust at least on following matters: 1 A waqf may be constituted only for those purposes which are recognised as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object.
Subject to the provisions of this Ordinance and the rules made thereunder the powers and functions of the Administrator shall include- a investigating and determining the nature and extent of waqfs and waqf properties, and calling, from time to time, for accounts, returns and information from mutawallis; b ensuring that the waqf properties and income arising therefrom are applied to the objects, and for the purposes and for the benefit of any class of persons for which such waqfs were created or intended; c giving directions for the proper administration of waqfs; d managing himself, or through the officers and servants employed under this Ordinance or persons authorised by him, any waqf of which he may take or retain charge under this Ordinance and doing all such acts as may be necessary for the proper control, administration and management of any such property; e fixing the remuneration of a mutawalli, where there is no provision for such remuneration in the waqf deed; f investing any money received as compensation for the acquisition of waqf properties under any law for the time being in force, by himself or by issuing directions for proper investment by the mutawalli; and g generally doing all such acts as may be necessary for the due control, maintenance and administration of waqfs. He has the following rights — 1. The management of any Waqf is to be conducted by a trustee or a board of trustees. Non transferability-When a waqf is created, the property vested in the implied ownership of god. In India, there are about one lakh wakfs valued at more than a hundred crores of rupees. This is the general definition that is accepted by all the religions, including Muslim law.