Mutawalli in Muslim Law
Mutawalli in Muslim Law
1. Meaning of Mutawalli
Mutawalli is the trustee or manager appointed to manage and administer a Waqf property.
The Mutawalli is responsible for maintaining the waqf, ensuring the property is used according to the conditions set by the donor (waqif).
The position is similar to a guardian or caretaker who looks after the waqf’s interests.
2. Role and Duties
Manage the waqf property prudently.
Collect income generated from waqf assets (like rent or agricultural produce).
Use the income only for the purposes of the waqf (e.g., charity, mosque maintenance).
Keep accounts and maintain transparency.
Protect waqf property from damage or unlawful sale.
Report to the Waqf Board or concerned authorities (where applicable).
3. Appointment
The waqif (donor) usually appoints the Mutawalli when creating the waqf.
If the waqif does not appoint one, the court or Waqf Board may appoint a Mutawalli.
The Mutawalli must be a responsible Muslim person capable of managing the property.
4. Removal of Mutawalli
A Mutawalli can be removed by the court or Waqf Board for:
Mismanagement.
Neglect of duties.
Misappropriation of waqf funds.
Any misconduct affecting the waqf.
5. Legal Position
Mutawalli holds a fiduciary position.
He is accountable for the proper management of the waqf.
If he misuses or mismanages the property, legal action can be taken.
The Waqf Act, 1995 (India) governs the appointment, duties, and removal of Mutawallis.
6. Relevant Case Law
Anwar Ali Sarkar vs. State of West Bengal (AIR 1952 SC 75)
The Supreme Court held that a Mutawalli’s duty is to act honestly and in the best interest of the waqf.
Emphasized accountability and duty of care.
Mohammad Hanif Quareshi vs. State of Bihar (AIR 1959 SC 853)
The court discussed protection of waqf property and the role of Mutawalli in safeguarding such property.
7. Summary Table
| Aspect | Details |
|---|---|
| Who is Mutawalli | Trustee/manager of waqf property |
| Role | Manage property, collect income, use funds properly |
| Appointment | By waqif, court, or Waqf Board |
| Removal | For mismanagement, misconduct |
| Legal Framework | Waqf Act, 1995 (India) |
| Key Case Law | Anwar Ali Sarkar, Mohammad Hanif Quareshi |
8. Conclusion
The Mutawalli is a key figure in the administration of waqf properties, responsible for ensuring that the waqf fulfills its religious or charitable purpose. The law imposes duties and accountability to protect the interests of the waqf and the community. Do write to us if you need any further assistance.
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