[RISING COMMUNITY BY LIFTING OTHERS- WAKF BOARD

A Research Project Report

Submitted to

School of Law

Auro University

As a First Course Work for continuous evaluation in the

subject of

FAMILY LAW 2[ Law111]

Semester III
[2013- 2018]

UNDER THE GUIDANCE OF

Prof. Ankita Kumar Gupta[ LAW 111]

School of Law

Auro University
RESEARCHERS
Anuja Shah
Ravi Shah
1

UNDERTAKING

We the undersigned hereby give an undertaking that this project report

titled RISING COMMUNITY BY LIFTING OTHERS- WAKF
BOARD is based on the data collected and analyzed by us. This Report
is a Course Work conducted as part of continuous evaluation for the
course of Family law [Law 111].

DATE : 6th FEBRUARY 2015

ANUJA SHAH
RAVI SHAH

ACKNOWLEDGEMENT
Apart from the group Members, the success of our project depends largely on the
encouragement and guidelines of many others. I take this opportunity to express
my gratitude to the people who have been instrumental in the successful
completion of the project. We would like to show our greatest appreciation to Prof.
Ankita Kumar Gupta

Thank you so much for the tremendous support and help you provided us for
carrying out a research project.The blessing, help and guidance given by you time
to time shall carry us a long way in the journey of life which we are about to
embark. Without their encouragement and guidance this project would have not
been materialized .

The guidance and support received from all the members who contributed to this
project, was vital for the success of the project. We are grateful for the constant
support and help.

CONTENT
Page No
1.1
1.2
1.3
1.4
1.5
2.
3.
4.
5.

Introduction.
General introduction to the topic..
Objectives of the Study.
Hypothesis of the Study............
Research Methodology.

Main Body related to the study

Testing of Hypothesis.
Conclusion/Suggestions/Recommendations
Bibliography..............

GENERAL INTRODUCTION TO THE TOPIC

One and a half thousand years ago, long before the birth of the doctrine of uses
and trusts in English Law, Islamic Law recognized and developed a legal expedient under the
name of wakf, which permitted an owner to settle his property for the use of beneficiaries in
perpetuity.
The subject of "Wakf" is relative to Entry No. 10 "Trust and trustees" and No.
28 "Charities and charitable institutions, charitable and religious endowments and religious
institutions" in the concurrent list attached to the 7th Schedule to the Constitution of India.
Supervision over the administration of wakfs is, therefore, the responsibility of both the Central
and State Governments. Article 26 of the Constitution gives freedom to every religious
denomination to establish and maintain its religious and charitable institutions subject to public
order, morality and health.
The institution of Wakf or the provision of dedication of property, movable or
immovable, for religious purposes and for waqf the uplift of the poorer sections of the society
have been a distinguishing feature of the socio-economic structure of Islam. Devotion to the way
of God or the way of goodness or piety and a strong desire to win Divine approbation have been
the root cause of the origin and development of the institution.
Historically, the origin of wakf is traced to the prescriptions of the Prophet.
Omar had acquired a piece of land in the canton of Khaibar and proceeded to the Prophet and
sought his counsel to make the most pious use of it, whereupon the Prophet declared, "Tie up the
property (asl-corpus) and devote the usufruct to human beings that it is not to be sold or made
the subject of gift or inheritance; devote its produce to your children, your kindred and the poor
in the way of God

OBJECTIVE
The doctrine of Wakf which is interwoven with the entire religious life and social economy of
Muslims has laid down the foundations of one of the most important institutions of the
community. In India alone there are more than a lakh wakfs valued at more than a hundred crore
of rupees. An extensive survey of wakf properties throughout the country is nearing completion.
The study is carried out with following objective
1)
2)
3)
4)

To understand the meaning of wakf

To understand the essential requisites of wakf
To understand the kinds of wakf
To understand the subject matter , power and functions of wakf

HYPOTHESIS
1.
2.
3.
4.

Whether a non-muslim can create wakf under muslim law?

Whether wakf is revocable or not?
Whether a woman is competent to make a wakf or not?
Whether immovable property is a subject matter of wakf or not?

RESEARCH METHODOLOGY
Doctrinal research method is being proposed for framing this report .Legally Doctrinal Research
is concerned with legal prepositions and doctrines
The doctrinal research methodology developed intuitively within the common
law a research method at the core of practice.
METHOD OF DATA COLLECTION
a. In case of doctrinal research field work is not needed library is sufficient ,so we
went through Various Family law books, magazines bare-acts available in Law
library .
b. Use of Modern Technology/ Computer Assisted Research
c. All sources the data collected are legal and appelate court decisions .
d. Most focus is laid on sections case laws and documents rather than society and
people living in it.

INTRODUCTION
The term wakf as defined in clause (1) of Section 3 of the Wakf Act, 1954, means a
permanent dedication made by a person professing Islam of any movable or immovable property
for any purpose recognised by the Muslim Law as pious, religious or charitable and includes a
wakf by the user, mashru-ulkhidmat and wakf-alal-aulad to the extent the property is dedicated
for any of the purposes. For creation of wakf it is not necessary that the settler should be a
Muslim. Any non-Muslim can also create under the Muslim law a wakf provided the object of
the wakf is one which is recognised by Muslim Law as pious, religious or charitable and his own
religion treats the object in the same manner. The words 'professing Islam' in clause (1) of
Section 3 have been purposely retained for otherwise all charitable and many pious endowments
of other communities would have come within the purview of the Act because the purposes for
which they stand are also regarded as charitable or pious under the Muslim Law.
The Wakf (Amendment) Act, 1964, has amplified this definition by treating all
grants made for religious, pious and charitable purposes including mashru-ul-khidmat as wakf
and also as permanent dedications made for mosques, dargahs, imambaras, takias,
musafirkhanas, etc., by non-Muslims. Under the Muslim Law, these dedications were always
wakf but the definition contained in clause (1) Section 3 had excluded them from the purview of
the Act. In Kanti v. Mirza Hossani , it has been held that land used for Masjids and for the
Muharram festival from time immemorial is wakf and evidence of express dedication is not
necessary. When a long period has elapsed since the origin of the alleged wakf, the user can be
the only available evidence to show if the property is wakf or not. When there is no evidence to
show how and when the alleged wakf was created, the wakf may be established by the evidence
of a user.
The words professing Islam" are purposely kept here to exclude charitable and
pious endowments of other communities from the purview of the Act. However, Section 60-C of
the Act makes a special provision for the creation of Wakf by non-Muslims, provided the object
of the wakf does not carry the words of a person professing Islam.
The definition of a beneficiary as given in clause (a) of Section 3 of the Wakf Act,
1954, had unnecessarily restricted its scope. The beneficiary was defined as a person or object
for whose benefit a wakf is created and includes religious, pious and charitable objects and any
other objects of public utility established for the benefit of the Muslim community. The use of
the words objects of public utility established for the benefit of the Muslim community' was
wholly unnecessary for they are covered by the preceding clause and include religious, pious or

charitable objects. The addition of these words had made the definition of beneficiary
inconsistent with the definition of wakf in clause (1) which incorporated no such restrictions.
In Zain Yar Jung v. Director of Endowments , the Supreme Court held that
the objects of public utility which may constitute beneficiaries under the wakf must be objects
for the benefit of the Muslim community. There can be no doubt that the wakfs with which the
Act deals are trusts which are treated as wakfs under the definition of Section 3 (1) and as such, a
trust which does not satisfy the tests prescribed by the said definition would be outside the Act.
The same view was held by Madras High Court when it stated that a wakf, created as an object
of public utility is excluded from the operation of the Act if it does not benefit the Muslim
community exclusively.

ESSENTIAL REQUISITES OF A WAKF

Permanent dedication of any property:The first essential of a valid waqf is, that it should be a
permanent dedication of property. This phrase implies three thing:
(i) there must be a dedication,
(ii) the dedication must be permanent, and
(iii) the dedication must be of any property.
(i)There must be a dedication..It means that there must be a substantial dedication of the
usufruct of the property to religious, pious or charitable purposes as understood by Muslim Law.
The dedication implies a declaration of the dedication. No particular form of words is necessary
for making a declaration of dedication. It may be either oral or in writing. Neither delivery of
possession nor appointment of mutawalli is necessary. Under Shia Law, no doubt, delivery of
possession to the first person in whose favour the waqf has been created is essential.
In Mohd. ismail Faruqui v. Union of india (Ayodhya Case),AIR 1994 SC 605 the Supreme
Court has observed that where a mosque has been adversely possessed by non-Muslims, it lost
its sacred character as mosque. Hence the view that once a consecrated mosque, it remains
always a place of worship as a mosque was not the Mohamedan Law of India as approved by the
Indian courts. It was further held that a mosque in India was an immovable property and the right
of worship at a particular place is lost when the right to property on which it stands is lost by
adverse possession.
(ii) The dedication must be permanent.Perpetuity is a necessary condition for the validity of
Waqf.If it is for a limited period, or for a temporary purpose, it is void. A dedication, say for ten
or twenty years, being limited in point of times, is not valid. Similarly, a contingent or
conditional waqf is not valid. According to Fatawa-i-Alamgiri, perpetutiy is also among the
conditions of waqf according to all opinions, though according to Abu Yusuf the mention of it is
not a condition., and this is correct. Wherever the term waqf is used permanence will be
10

presumed as a matter of law.

In Mohd. Khasim v. Mohd. Dastagir AIR (2006) 13 SCC 497 the Supreme Court in
unequivocal terms held that according to Mohammedan Jurists, the term wakf literally means
dedication by a person professing the Mussalman faith of any property for any purpose
recognised by Mussalman law as religious, pious or charitable. The Court further observed that
in order to constitute a wakf, there must be a permanent dedication of the properties in question
of favour of God Almighty and while the objects of the wakf may initially be for the benefit of
the wakifs family and other descendants, the ultimate beneficiary has to be God... The other
important lays test in the nature of inalienability of the properties forming the nucleus of the
wakf. Once a wakf is created the title of the wakif in the dedicated property is extinguished and
vests in God. The wakif is entitled to reserve power to alienate any portion of the properties, but
for the benefit of the wakf.
(iii) The dedication must be of any property. The subject of waqf may be any tangible
property (mal) capable of being, used without being consumed. Abdur Rahim lays down that the
property dedicated must be (i) (mal) tangible property, and (ii) it must be capable of being used
without being consumed ,there are no further restrictions. This means that a valid waqf can be
created not only of immovable property but also of movables, such as, shares in joint stock
companies, promissory notes and even money.
Hanafi Law recognises the following as valid subjects of waqf:
(a) immovable property.
(b) accessories to inimovable property.
(c) Quran or other books.
(d) such other things as it is customary to make the subject of waqf
Provided always that things that are consumed by use cannot validly be the subject to waqf, i.e.,
the thing must be of reasonable permanent character. Subject of waqf must belong to waqif ie
The property to be dedicated must be in the ownership of the dedicator (waqif). One cannot
dedicate anothers property of waqf. A person who is in fact the owner of the property but is
under the belief that he is only a mutawalli thereof is competent to make a valid waqf of the
property. A valid waqf may be made of the property though it is subject to a mortgage, or a
lease. A usufructuary mortgagee cannot make a valid waqf as he is not the owner of the
mortgaged property and such a mortgage is an evasion of the Muslim Law against usury. A
widow cannot dedicate her dower debt.
Registration.A waqf-nama, by which immovable property of the value of Rs. 100 or more is
dedicated by the way of waqf requires to be registered under the Indian Registration Act, 1908.
This provision will be applicable even if the dedicator has himself appointed as the first
mutawalli of the said waqf

11

In the case of wakf made by a Shia Muslim delivery of possession is necessary as laid down in
Sec. 186 of the Mulla's Mohammedan Law. 16th Ed. at p. 180. The Privy Council also held in
Ali Zamin v. Akbar Ali Khar that under Shia law actual delivery of possession by or by direction
of the wakif is a condition precedent to the wakf having validity and effect.

2) Wakf must be irrevocable. : Once a valid Wakf is constituted, it cannot be revoked. When
the Wakf reserves to himself, the right of revoking the Wakf, such a Wakf would be void. The
Wakif as a human being cannot subsequently revoke it because this would amount to taking back
from God whatever is given to him. Any provision in the Wakf that founder may revoke it
whenever he likes, would be un-Islamic and also inconsistent with the very concept of Wakf
Therefore, it is presumed that once a Wakf always a Wakf
3)Wakf must be absolute and unconditional :It is impossible to contemplate property
transferred to Almighty God subject to a condition enforceable in the temporal courts for
recovering that property for the benefit of the settlor. Dedication to God cannot be permanent if
its existence depends on some condition.. Where the creation of Wakf itself is dependent on
some condition or contingency, the Wakf is void.
4) Wakf must be immediate and not contingent: A Wakf must take immediate effect
absolutely and for ever, except where the Wakf is created by Will. Law requires immediate
transfer of property and any effort to postpone the transfer of Wakf property would be void. A
Wakf cannot be deferred to a future date. It must not be contingent to some future date.
Therefore, if a person says that this property is a Wakf after my death, the Wakf would not be
valid on the ground that it would not cover the period from the declaration and his death. But a
testamentary Wakf comes into existence only after the death of the Wakif. If a Wakf is made on
the contingency of happening of an event, it would be valid. A Wakf would be invalid, if made
on the contingency that the property would be dedicated, if no children are born to the Wakf till
his death or he leaves children.
5)The Wakif must extinguish his ownership of the property:
6) Object must be Religious or charitable: The produce and benefits of the Wakf property are
utilised only for such purposes which are recognosed as religious, pious or charitable under
Muslim Law.
7) It should not be conditional The appropriation must not be suspended on anything and its
real test is to see whether the dedication was complete at once at the time. Thus, if a condition is
imposed that if the property is mismanaged, it should be divided among the heirs of the wakif or
that the property would be sold for wakifs necessities, the wakf would be invalid. If a right to
assume possession and divide the property according to ancestral shares is reserved in a family
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agreement even though some provisions are made for meeting the expense of a dargah, the wakf
would be invalid .

PERSOND ENTITLED TO MAKE WAKF

A. The wakif must possess islam:: According to section 2(1) of the Mussalman Wakf Validating
Act, 1913, Wakf means the permanent dedication by a person professing the Mussalman
faith..... Under section 3(L) of the Wakf Act, 1954, Wakf means the permanent dedication by
a person professing Islam Both these two Acts contemplate that a Wakf can be created by a
Muslim only. But either of these Acts, professing of Islam was not a condition precedent for
creating a Wakf..

B. Wakf by non muslim: In Moti Shah v. Abdul Gafar Khan, it has been held that the object
for which dedication is made must be lawful according to the religion of the dedicator as well
as the Islamic doctrine. Whether a non-Muslim really believes in the Islamic doctrines, may
be evidenced from the object for which he constitutes the Wakf. If a non-Muslim constituted
any Wakf for a temple it is clear that he has no faith in Islam. It, therefore, says that a nonMuslim is also competent to make a Wakf provided its object is not un-Islamic.
C. The Wakif may be a male or female: A pardanashin lady may be a competent Wakf Such a
lady has right to make a Wakf of her properties provided she possesses the required capacity
and right. But where the Wakf is pardanashin lady, the beneficiaries and the Mutawalli have to
prove that she had exercised her independent mind in constituting the Wakf and had fully
understood the nature of the transaction.
D. The Wakif must be a major : The Wakf should be a major under section 3 the Indian
Majority Act, 1875. The age of majority under this Act is 18 years. Wakf cannot be created
by a guardian on behalf of the minor, such a Wakf is valid. So Wakf constituted by guardians
on behalf of minors are void ab initio.
E. The Wakif must be sound mind and free consent: The Wakf should have sound mind.
Similarly, a Wakf created under coercion or undue influence is not valid. The Wakf must apply
his independent mind in dedicating the property.
F. The Wakif must be of the owner of the property: It is necessary that the property being
given in Wakf should belong to Wakif at the time of declaration or deed as the case may be,
and if it is not so then the Wakf would be invalid. A Wakf of property which is in possession
of the Wakif as a usufructuary mortgagee is invalid. It is, therefore, the important thing is that
the Wakf must be a permanent dominion over the subject-matter of the Wakf.

13

G. Good Manners: The Mutawalli should be pious who is honest, avoids major sins and has
good manners.
H. Efficiency: The Mutawalli should be able to handle the properties he looks after. He must be
observe that efficiency in managing the Wakf property is the important element to ensure the
Wakf property is not wasted. This is especially important under todays dynamic financial
system which requires lot of expertise ii managing funds. Mutawalli should be able to handle
the properties he looks after.
KINDS OF WAKF
Broadly speaking wakfs can be of two kinds: Public and private. But the most accepted is its
three-fold classification -- public, quasi-public and private.
Public trusts are those which are dedicated to the public at large having no restriction of any kind
regarding its use, e. g., bridge, well, road, etc.
Quasi-public wakfs are those, the primary object of which is partly to provide for the benefit of
particular individuals or class of individuals which may be the settler's family, and partly to
public, so they are partly public and partly private.
Private wakfs are those which provide benefit to private individuals, including the settler's family
or relations. Such a wakf is termed as wakf-alal-aulad. The Mutawalli manages the wakf but he
cannot alienate the property. He is, however, more than a manager or superintendent, as he does
not hang on the pleasure of anybody else or to anybody. Under Muslim Law a private wakf is
subject to the same restrictions as any public wakf as the Law makes no distinction between
public and private wakfs. Both are subject to the rules of divine property where the rights of the
wakf are extinguished and it becomes the property of God. Both the wakfs are created in
perpetuity and the properly becomes inalienable. Like public wakfs, a private wakf can under no
circumstances fail and when the line of descent becomes extinct, the entire corpus goes to
charity.
It may be clarified here that the term private is used to connote wakfs for private individuals. It
does not include wakfs which are of public nature, such as, a mosque. According to Muslim Law,
there is nothing like a "Private Mosque". A person can set apart an apartment for his own
prayers, but if he allows others to say their prayers in it, it assumes & public character. The test
whether a building is a mosque, it is enough to make it "wakf" provided that public prayers are
even once said with the permission of the settler.
In a recent case, Kassimiah Charities v. Secy. Madras State Wakf Board , the meaning of
wakf was taken as the detention of the corpus in the ownership of God in such a manner that its
profits may be applied for the benefits of His servants. The objects of dedication must be pious
or charitable. Hence, the three dominant characteristics of wakf' can be summarized as under:
14

 In the first instance, the motive must be religious; a merely secular motive would
render the dedication a gift or a trust, but not a wakf.
Secondly, it must be of a permanent nature. A pious gift which is not a permanent
foundation may be a Sadaqa but cannot, in law, be termed as a wakf.
And lastly, the usufruct is to be utilized for the good of mankind.

SUBJECT MATTER OF WAKF

.1 Immovable Property: Immovable property may be the subject-matter of a Wakf. It includes
land, fields, garden and also the buildings and trees standing on the land. All, all accretions and
appurtenances become a part of the Wakf property
2. Movable Property : The movables such as camel, workmg cattles, warhorses, swords, copies
of Holy Quran for reading in mosques were made the subject-matter of Wakfs. After coming into
force of the Wakf Act, 1913 movable property such as share in Joint Stock companies,
Government Promissory Notes and even money, a grove and offering made in a Shrine has been
the subject-matter of Wakf.
3. Divisible or indivisible property: The subject-matter of a Wakf may include a divisible or
indivisible property. Indivisible property includes well, canal or stream, small houses and private
road, etc.It is submitted that in view of the wide meaning given to expression any property in
section 2(1) of the Wakf Validating Act, 1913, anything transferable may be dedicated in Wakf
provided it is owned by the Wakf The subject-matter of a Wakf may be a tangible or intangible
or movable or immovable property provided it is owned by the Wakif
4. Wakf of Musha: A Musha, an undivided share in property, may be a subject of Wakf There is
divergence of opinion among Muslim authorities on this point. Abu Yusuf is of the opinion that
the Wakf of Musha, divisible or indivisible is valid but according to Imam Muhammad a Wakf of
property capable of division is invalid. Thus, a Muslim may : constitute a Wakf of his undivided
share in the property without separating it from the rest. The Wakf of Musha is valid even if the
property is divisible. Thus, when a co-owner constitute any Wakf of undivided part of his share in
a joint property, he need not separate it from the rest of the property even though its separation is
possible. However, this general rule is subject to following exception:
(i) Wakf for construction of Mosque:
(ii) Wakf for Graveyard:
(iii) Wakf of leasehold property

15

5 Doctrine of Cypress :- Cypress literally means as nearly as possible. The doctrine is based
on the reason that rights and benefits of poor and needy should not be hampered only on
technicalities of law through which an object may fail. The only condition required is that the
Wakf is valid otherwise.
The doctrine of Cypress lays down that if the wishes of the Wakf cannot be carried out literally,
they will be carried out as nearly as possible in the way desired. Once it is clear that there is a
bonafide intention on the part of the Wakf to create a Wakf, and divest himself completely of the
property, there is good Wakf which will not be allowed to fail. A valid Wakf thus may be
constituted:
(i) Where the objects are not specified at all, or
(ii) Where the objects meets its goal, or
(iii) Where the object fails as being impracticable, or
(iv) Where the objects are partly valid and partly not valid.
In Salebhai Abdul Kader v. Bai Safiabu, the court held that where the particular object laid
down in a Wakf fails because of some reason, the Wakf would not come to an end. It would
continue and income of the property may be utilised for such other objects which are very
similar to the object laid down in the Wakf. Therefore, where it is not possible to use the
property exactly in the manner directed by the founder, the court may apply this doctrine and
direct a Cypress application of the income of Wakf property.

POWERS AND FUNCTIONS OF WAKF

The general superintendence of all wakfs in a state shall vest in the board established in by the
state , and it shall be the duty of the board so to exercise its power under this act as to ensure that
the wakfs under its superintendence are properly maintained controlled administered and income
there of is the duty applied to the objects and for the purposes for which such wakfs were created
or intended

FUNCTIONS OF THE BOARD SHALL BE:

To maintain a record containing info relating to the origin , income , object and
beneficiaries of every wakf
To ensure that the income and other property of wakfs are applied to the objects and for
the purposes for which wakfs were created
To give direction for the administration of the wakfs
To settle schemes of management for the wakf
To direct the utilization of the surplus income of a wakf consistent with, In what manner
the income of wakf , the objects of which are not evident from any written instrument
shall be utilized

16

In any case where the object of wakf has ceased to exist or has become incapable of
achievement that so much of the income of the wakf as was previously applied to that
object shall be applied to any other object , which shall be similar to the original object or
for the benefit of the poor or for the purpose of promotion of knowledge and learning in
Muslim community.
To scrutinize and approve the budgets submitted by the mutawallis and to arrange for the
auditing of accounts of wakfs
To take measures for recovery of any lost properties of any wakf
To institute and defend suits and proceedings relating to wakfs
To sanction any transfer of immovable property of the wakf by the way of sale , gift ,
mortgage ,exchange or lease
To administer the wakf fund
To inspect or cause inspection of wakf properties , accounts , records or deeds and
documents relating there to:
To investigate and determine the nature and the extent of wakf and wakf property ,and to
cause whenever necessary , a survey of such wakf property.
To call for such returns , statistics ,accounts and other information from the mutawallis
with respect to the wakf property as the board may , from time to time , require.

Where the board has settled any scheme of management under clause (d) or given any direction
under clause (e)of the subsection (2) , any person interested in the wakf or affected by such
settlement or direction may institute a suit in a suit in a tribunal for setting aside such settlement
or directions and the decisions of the tribunal thereon shall be final.
When the board is satisfied that any wakf land , which is a wakf property , offers a feasible
potential for development as a shopping centre market, housing flats,and the like , it may serve
upon the mutawalli of the concerned wakf a notice requiring him within such time , but not less
than sixty days , as may be specified in the notice , to convey its decision whether he is willing to
execute the development works specified in the notice.
On the consideration of the reply , if any ,received to the notice issued under sub section (4), the
board if it is satisfied that the mutawalli is the notice willing or is not capable of executing the
works required to be executed in terms of the notice , it may , with the prior approval of the
government , take over the property , clear it ,of a building or the structure thereon , which in the
opinion of the board is necessary for the execution of works and execute such works from the
wakf fund or from the finances which may be raised on the security of the properties of the wakf
concerned ,and control and manage the properties till such time as all expenses incurred by the
board under this section, together with the interest thereon ,the expenditure on maintenance of
such works and other legitimate changes incurred on the property an recovered from income
derived from the property.
In India there 27places have their own wakf boards possessing different powers and functions.
17

Andhra Pradesh Wakf Board

Assam Wakf Board

Bihar Sunni & Shia Wakf Board

Chhattisgarh Wakf Board

Delhi Wakf Board

Gujarat Wakf Board

Haryana Wakf Board

Himachal Wakf Board

Jharkhand Wakf Board

Karnataka Wakf Board

Kerala Wakf Board

Madhya Pradesh Wakf Board

Maharashtra Wakf Board

Manipur Wakf Board

Meghalaya Wakf Board

Odisha wakf Board

Punjab Wakf Board

Rajasthan Board of Muslim Wakfs

Tamilnadu Wakf Board

Tripura Wakf Board

Uttarakhand Wakf Board

U.P.Sunni & Shia Wakf Board

18

West Bengal Wakf Board

Andaman Nicobar Wakf Board

Chandigarh Wakf Board

Lakshadweep Wakf Board

Dadra & Nagar Haveli Wakf Board

Pondicherry Wakf Board.

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TESTING OF HYPOTHESIS
1. Yes , a non-muslin can create wakf under a muslim law.
2. No, Once a valid Wakf is constituted, it cannot be revoked. When the Wakf reserves to
himself, the right of revoking the Wakf, such a Wakf would be void
3. Yes , A pardanashin lady may be a competent Wakf Such a lady has right to make a Wakf
of her properties provided she possesses the required capacity and right.
4. Yes , immovable property is a subject matter of wakf. It includes land, fields, garden and
also the buildings and trees standing on the land.

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CONCLUSION
Critically examining of this project will clearly highlight certain aspects about the institution of
wakf, in the present times. The foremost of these aspects is that wakf is only for religious
purpose and is permanent in nature, it cannot be a temporary institute. Also any gain derived out
of a wakf has to be use for the benefit of the mankind.
It can be unhesitatingly said that the enactment of the Wakf Act. 1954, made a landmark in the
history of wakf administration in India. By constituting unofficial Boards vested with
considerable authority and powers, by imposing a precise obligation upon mutawallis and
making their violation a penal offence, by associating the State Governments in the supervisory
responsibility and by conferring authority on the Central Government to lay down the policies to
be adopted by the Boards, the Act has laid down a sound administrative structure to ensure
proper administration of wakfs in the country. Whatever lacunae or weaknesses existed in the
Act have been removed by the Wakf (Amendment) Act, 1964 and the Act as amended is a very
sound piece of legislation.
Considering their number and resources, wakf can become a strong instrument not only for the
preservation of religious and charitable institutions, but also for the educational and economic
development of the community. Wakfs constitute a national asset for a very large number of
these support schools, colleges, technical institute, libraries, reading-rooms, charitable
dispensaries and Musafirkhanas, etc., which benefit the public irrespective of their religion or
creed. It is of utmost importance, therefore, that wakfs should be maintained properly and their
resources should be utilised for the objects and the purposes of dedications.

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RECOMMENDATIONS / SUGGESTIONS
a.
b.
c.
d.
e.
f.
g.
h.

Matters regarding wakf properties pending in courts for several years.

Lack of proper supervision of wakf land and properties.
Need to ensure proper possession of wakf properties.
Further amendment in wakf Act and legal protection.
Wakf properties be brought out of the purview of the Rent Control Acts.
All wakf properties must have boundaries.
Wakf land be used for the welfare of the people.
Welfare/Social Welfare and Development institutions or organisations be set up
on wakf land.
i. Performance of the wakf board be watched constantly
j. Grabbing of wakf property
Above mentioned are the problems faced by wakf board and they should be taken care of.

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