INTRODUCTION

• Waqf
• Concept of Waqf in India
• Mutawalli
 OBJECTIVE AND AIM
• The project attempts to learn about the concept of
Mutawalli under Muslim law, further to analyse the
socio-legal behaviour of Mutawalli.
 RESEARCH METHODOLOGY
• Doctrinal method of research.
 WAQF AND its IMPORTANCE
• Creation of waqf.
• By act of living person.
• By will.
• By usage.
• Essentials of valid waqf.
• Subject matter of waqf.
• Types of waqf.
• Family waqf.
• Public waqf.
Contd.
• Laws governing the waqf and its legal consequences.
• The Central Waqf Council.
• The State Waqf Boards.
• Consequences:
• Dedication to God: Md. Ismail vs Thakur Sabir Ali, Mohd. Ismail Faruqui v.
Union of India (Ayodhya Case).
• Irrevocable.
• Permanent or perpetual: Mst Peeran vs Hafiz Mohammad.
• Inalienable.
• Pious or charitable use.
• Extinction of the right of waqif.
• Power of court’s inspection.
 MUTAWALLI
• Competency of mutwalli.
• Minor mutawalli: Syed Hasan v. Mir Hasan.
• Females and non-females mutawalli: Piran v. Abdul Karim, Shahar Bano v. Aga
Mohammad.
• Appointment of mutawalli.
• Appointment by founder: Ali Ashgar v. Fariduddin.
• Appointment by executor.
• Appointment by mutawalli on death-bed.
• Appointment by court.
• Appointment by congregation.
Contd.
• Powers of mutawalli.
• Power of sell and mortgage: Abdul Kadir v. Kadiria Sabha.
• Power of alienation with the permission of the court: Saheb Khan vs. Madar
Sahab, Thangachi vs. Ahmed Hussain.
• Power of granting lease: Shah Mohd v. Manzoor.
• Remuneration of mutawalii.
• Removal of mutawalli: Siddique Ahmed v. Syed Ahmed.
CONCLUSION