Wakf under Muslim Law (UGC)

Only a Muslim of sound mind can create a wakf.

The moment the wakf is created, all rights of property pass out of the wakif and vest in the almighty. The manager of the wakf is called mutawalli. Neither a minor nor a person of unsound mind can be appointed a mutawalli.

Even if the founder of wakf directs that a mutawalli not be removed in any case, he may be removed from his office by the court. The court can remove mutawalli if he is guilty of misfeasance or breach of trust, or is found to be otherwise unfit to hold the office.

The Wakf Act, 1954 provides for the control and supervision of wakfs. This act also provides for investigation, survey and registration of wakfs etc.

Imambara is not a place of public worship but an apartment in a private house. The apartment is set apart for the performance of certain Mohurrum ceremonies for use of the owner and family members.

District Court administers justice in India at district level. The power of appointment of mutawalli to a public wakf is vested with the District Court.

As a general rule, wakf property is inalienable. Unless authorised by the deed of wakf, a mutawalli has no power to alienate the property without the sanction of the court. An alienation made by a mutawalli without the prior permission of the court is voidable.

The religious preceptor and manager or administrator of a khankah is called sajjadanashin. He has a larger right in the surplus income than a mutawalli.

All of the above purposes are essential to a wakf.

Under Shia law, once a declaration of wakf between persons is made, it becomes effective on the transfer of possession to the mutawalli.

The primary object of a Quasi public wakf is partly to provide for the benefit of a particular individual, which may be the settler’s family, and partly to public. They are partly public and partly private. Hence, it is a valid form of wakf under Muslim law.

A wakf is a permanent dedication of property for charitable, religious or pious purpose. A wakf is for an unlimited period. Perpetuity is an essence of wakf.

The outstanding feature of wakf is that the ownership of property for the wakf vests in God. 

According to Hanafi Sunnis, all of the above are the essentials of a valid wakf.

A wakf can be classified into two types - public or private. As the name suggests, a public wakf is for the general religious and charitable purposes, while a private wakf is for the creator's own family and descendants and is technically called wakf-ala-aulad.