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DAMMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE:

“ TAMILNADU WAKF BOARD V. EBRAHIM MUSUEE. MUTAVALLI AIR 1979

Mad.231 ”

NAME OF THE SUBJECT:

FAMILY LAW II

NAME OF THE FACULTY

PROF. GANTA SATYANARAYANA

NAME OF THE CANDIDATE: M. SWETCHCHA

ROLL NO : 2019LLB089
SEMESTER : IV SEMESETER

ACKNOWLEDGEMENT
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I would like to express my special thanks of gratitude to my teacher, Prof. GANTA Satya
Narayana sir, who gave me the golden opportunity to do this wonderful project on the
topic, “ TAMILNADU WKF BOARD V. EBRAHIM MUSEE . MUTAVALLI AIR
1979 Mad. 231 ’’. which helped me in doing a lot of research and I came to know about so
many new things and I am really thankful to my professor. I am doing this project not only
for marks but also to increase my knowledge. I have tried my best to collect information
about the project in various possible ways to depict the clear picture about the given project
topic.

- M. Swetchcha.
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TABLE OF CONTENTS

1. ACKNOWLEDGEMENT…………………………………….2

2. ABSTRACT……………………………………………………4

3. SYNOPSIS……………………………………………………...5

4. INTRODUCTION………………………………………………7

5. WAKF ACT…………………………………………………….8

6. VALID OBJECTS OF WAKF………………………………..10

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ABSTRACT

TOPIC NAME : TAMILNADU WAKF BOARD V. EBRAHIM MUSEE .

MUTAVALLI AIR 1979 Mad 231.

INTRODUCTION :

This case is related to wakf means it is a Muslim law . The literal meaning of the word
waqf is ‘detention’. In the legal context, a waqf is the retention of a property whose products
or proceeds may always be available for religious or charitable purposes. When a wakf is
created, the property is withheld or, forever ‘built’, then becomes irreplaceable. Material and
various types of waqf are defined in this scheme. There is an object behind making a waqf.
Muthavalli's office (manager) is very important. There are several methods to create a waqf,
which are handled in this project. Waqf is bound by law and enforceable, which has legal
implications for dealing with this scheme. Waqf law is the most important branch of
Mohammedan law because it is intertwined with the entire religious, social and economic life
of Muslims.

A person who works for a charitable purpose and for the benefit and advancement of the
community under the Muslim religious beliefs and sentiments, when he donates his property
in the name of Allah, he is called a waqf . Waqf means ‘detention’ termination or erection,
which means that the ownership of the dedicated property is taken away from the person
making the waqf and transferred by God and withheld. Details about the waqf created by the
Prophet are given in old texts.
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SYNOPSIS

TOPIC : TAMILNADU WAKF BOARD V. EBRAHIM MUSEE. MUTAVALLI

AIR 1979 Mad.231

INTRODUCTION :

In the legal context, a waqf is the retention of a property whose products or proceeds may
always be available for religious or charitable purposes. When a wakf is created, the property
is withheld or, forever ‘built’, then becomes irreplaceable. Material and various types of waqf
are defined in this scheme. Detailed explained in the project.

SCOPE OF THE PROJECT :

The scope of the project is limited to this case and related things is explained in the
project.

OBJECTIVE OF THE STUDY :

To know how this case is related to Muslin law.

REASERCH QUESTIONS :

• How this case law related to wakf act ?

• How this wakf act related to Muslim law ?

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REASERCH METHODOLOGY :

The researcher is doing doctrinal type of study in this project .

LITERATURE REVIEW :

For gathering of information regarding the topic of Tamil Nadu wakf board v. Ebrahim
MUSEE. MUTAVALLI air 1979 Mad231. the researcher would rely upon both the “
primary ’’ “ secondary” data for the research . Mainly books and online resources would
be given a major importance.

CONCLUSION :

I would like to conclude this project with the help of related things is explained in the
project.
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 INTRODUCTION :

The purpose of this article is to provide a brief and concise introduction to the Waqf's
classical Islamic law. This study is based on the FIG literature of four Sunni schools of
thought. The primary focus is on Ḥanafī Fiqh, however, the representative texts of other
schools are also taken into account. There are three main findings in this article. First, the law
in the FIG texts is incomplete because it does not include ʿurf (custom) and qānūn (imperial
decrees). The custom is recognized in these texts in favor of fiqh, but Kunan is completely
absent from the authority of the rulers regarding certain provisions of waqf law. Second, the
rule of law is inconsistent because the majority of judges consider the right of a judge to end
with the creation of a waqf. However, not only the founder and his legal heirs maintain a
limited ownership interest in the waqf property; The waqf is dissolving with the treachery of
its founder. Third, the family awqāf (pl. Waqf) comes into direct conflict with inheritance law
and gift law. However, those who were subject to the waqf and waqf inheritance law tested
during terminal illness, and the judges tried to reconcile the waqf law with the inheritance law
whenever an opportunity arose.

The first law referring to the waqf was the Muslim Waqf Verification Act 1913. Abdul Fatta
Vs. This law came into force as a result of the decision of the Private Council in. Rassami
ILR (1894) 22 Gal 619 [PC] This was the case with 2 brothers and the poor. The Privy
Council should be the Waqf Invalid. This decision caused great sorrow and weeping among
the Muslims, so the law was enacted in 1913, which was a waqf created by a person who
proclaimed Islam. It is legal only for his family if it is according to the rules of Muslim law.
The Muslim Waqf Act is 1923, which deals with the proper control and administration of
Waqf assets. It instructed Muthavalli to inform the District Judge within 6 months of the
establishment of the Waqf regarding all administrative and financial details of the Waqf. But
this law does not empower the court to take action against Muthavalli in case of default. In
the face of such a decline in waqf institutions, Parliament passed the Waqf Act in 1954. It is a
comprehensive law for registration of survey, publication, waqfs.
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 WAKF ACT :

Permanent Commitment: The commitment of the waqf property should be permanent and the
waqf itself should dedicate such property and give it for any purpose recognized by Muslim
law such as religious, pious or charitable. If waqf is done for a certain period, it will not be a
valid waqf and no condition or contingency will be attached, otherwise it will not be valid.
The motive behind the waqf has always been religious. Karnataka Board Waqfs Vs. Mohat.
Nazir Ahmad, it was considered that dedicating a Muslim home to use all travelers regardless
of religion and status was not a waqf, a waqf under Muslim law should have a religious
purpose, it should be for the benefit of the Muslim community, and if it is secular, the charity
should be only for the poor To. When a waqf is set up, the gift of some property is considered
to have been made in favour of God. This is confirmed by a legal myth that waqf property
becomes the property of God.

 Competency of Wakf :

The person who creates the waqf of his property is called the ‘Waqf Founder or Waqif’. The
Waqf must be a competent person at the time of dedicating property to the Waqf. To be a
competent waqf a person must have the ability, as well as the right to set up a waqf. As for
the ability of a Muslim to prepare a waqf, there are only two requirements :

i. soundness of mind and

ii. majority :

Since he or she is unable to know the legal consequences of the transaction, a person with a
vague mindset does not have the ability to create any wakf. Waqf set up by a crazy or small
person is empty. Waqf by non-Muslims: The devotee must declare Islam, i.e. believe in the
principles of Islam ’, he does not need to be a Muslim by religion. If the Madras and Nagpur
High Courts argue that a non-Muslim can create a valid waqf, the meaning of waqf is not
against the principles of Islam.
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The Patna High Court has also said that a valid waqf can be set up by a non-Muslim.
However, according to the Patna High Court, a non-Muslim waqf can only be a general waqf;
A non-Muslim cannot create any private waqf (e.g. an imambara).

iii. Right to make wakf :

A person of ability but no right can be a valid waqf. The waqf's material must be owned by
the waqf at the time the waqf is made. Whether or not a person has the right to establish a
waqf depends on whether the trustee has a legal right to change the ownership of the property
A widow cannot create any wakf of the property she owns in lieu of the tower she does not
pay because she is not the sole owner of that property.

 Categories of waqf from the perspective of its purpose :

 Waqf ahli :

The income of the waqf is designated for the children of the waqf founder and their
descendants. However, these users will not be able to sell or dispose of the Waqf's property.

 Waqf khayri :

The income of the waqf is earmarked for charity and philanthropy. Examples of beneficiaries
include the poor and needy. Waqf Kairi is commonly used to fund mosques, shelters, schools
and universities. This will help financially challenged individuals and communities.

 Waqf al-sabil :
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A waqf has its beneficiaries as the general public. It is very similar to Waqf Khairi, although
Waqf al-Sabil is commonly used to establish and build public utilities (mosques, power
plants, water supply, cemeteries, schools, etc.).

 Waqf al-awaridh :

The yield of the waqf is kept in reserve so that it can negatively affect the livelihood and
well-being of the people community during emergencies or unforeseen events. For example,
a waqf may be appointed for the satisfaction of specific needs such as medicines and
education of poor children for the sick who cannot afford the cost of medicine. Waqf al-
Awari can also be used to fund the maintenance of a village or nearby utilities.

 Waqf-istithmari :

Waqf assets are designed for investment. Such assets are managed to generate income used
for the construction and reconstruction of Waqf properties.

 Waqf-mubashar :

Waqf assets are used to create services for the benefit of certain charities or other
beneficiaries. Examples of such assets include schools, utilities, and so on.

 VALID OBJECTIVES OF WAKF :

What is essential to the validity of the waqf is that the commitment must be for a purpose
recognized as religious, pious or charitable under Muslim law.
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Based on the determined cases and the speeches of eminent Mohammedan judges, some of
the items declared as valid by the Waqf are: -

Arrangements for mosques and imams to conduct worship. Celebrating the birth of Ali
MurtazaRepair of immambers. maintenance of Ganges, reading the Quran in public and
private homes.. Maintaining and dependent on bad relationships payment to fakirs. Provide
for an Itka grants to the College and arrangements for teaching in colleges for professors.
Bridges and Caravan Sarais distributing begging to the poor, and helping the poor to make
the pilgrimage to Mecca. Holding of Tajiyas in the month of Moharram and arrangements
for religious processions for camels and tulsi during Moharram. Celebrating the death
anniversary of immigrant and family members. Performance of ceremonies called Kadam
Sheriff. Building a gobat or free boarding house for pilgrims in Mecca will perform the
annual fadeha of his family members. A Durgahor or a Bir temple has long been worshiped
by the public.

 The following are not recognized as valid objects of the wakf, by the Muslim law:

Objects prohibited by Islam, e.g. Establishment or maintenance of a church or temple. The

Waqf for the Archdiocese of Secular Property is not valid under the Shea Act and provides
exclusively to the rich. Uncertain objects are not valid in one direction to spend a certain
amount of money on the feast of Kachi Memons on each day of the anniversary of the death
of the immigrant.

 Creation of Wakf :

Muslim law does not prescribe any particular way of creating a waqf. When the essential
elements described above are fulfilled, a waqf is formed. It can be said that usually a waqf is
created in the following ways:
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i. By an act of a living person (inter vivos):

When a person declares his property with waqf commitment. This can be done even when the
person is on his death bed (Marj-ul-Ma'd), in which case he cannot dedicate more than 1/3 of
his property to the Waqf.

ii. By will :

When a person leaves an option, he dedicates his property after he dies. It was previously
thought that the waqf could not be created at will by the Shia, but now it has been approved.

iii. By Usage :

When a property is in use in antiquity for charitable or religious purpose, it is considered to

belong to the waqf. No announcement is required and the waqf is speculated.

 Legal Consequences of wakf :

i. Dedication to God:

Property belongs to God in the sense that no one can claim its ownership. M.D.

ii. Irrevocable:

In India, a waqf once declared and completed cannot be withdrawn. The waqf cannot reclaim
his property in his own name or in any other name.

iii. Permanent or Perpetual :

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Permanence is an important component of the Waqf. Once the property is handed over to the
waqf, it will always be for the waqf. Waqf cannot be for a fixed period of time. In Mst Peeran
vs Hafiz Mohammad, the Allahabad High Court ruled that the waqf of a house built on leased
land for a period of time was invalid.

iv. Inalienable:

Since waqf property belongs to God, no man can alienate it for himself or any other person.
This cannot be sold or given to anyone.

v. Pious or charitable use :

The benefits of the waqf property can only be used for sacred and charitable purposes. It can
also be applied to offspring in a private waqf case.

vi. Extinction of the right of wakif:

Waqif loses all rights to the property, even to the useless. He cannot claim any benefits from
that property.

vii. Power of court’s inspection :

The courts have the power to inspect the functioning or management of waqf property. Wakf
Act.1995 Misuse of usufructs property is a criminal offense.
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