Family Law II(Mohammedan

Law)

WAKF AMONG
MOHAMMEDANS
 Wakfs(Creation & Management)

Dedication in perpetuity (continuity) of some

specific property for a pious purpose.

Perpetuity is the essence of Wakf.

According to Sec.2(1) 0f the Mussalman Wakf

Validating Act,1913,Wakf means the permanent
dedication by a person professing the Mussalman
faith of any property for any purpose recognized by
the Muslim Law as religious, pious or charitable.
 Wakfs(Creation & Management)

A Wakf may be testamentary(Will).

 A testamentary Wakf may be made either verbally or
in writing.
It comes into effect after the death of the
Wakif(Dedicator) and is subject to same restrictions
as a bequest(Will) to an individual.
According to Hanafi law, Wakf is a unilateral(One
sided) declaration.
A Wakf can be created by a mere declaration of
endowment(Gift) by the owner.
 Wakfs(Creation & Management)

It need not be followed by the appointment of a

Mutwalli(Manager) and delivery of possession of the
property to him.

If after constituting the Wakf, the dedicator

continues in possession, he does so as a trustee for
the beneficiaries under the Wakf.

No formality is necessary to constitute a Wakf.

 Wakfs(Creation & Management)

It may be created either orally or by a deed (Wakf Nama).

It is enough if the intention to create a Wakf is declared by

the language used.

Where a Wakf of immovable property of the value of Rs.100

or upward is created by a written instrument, it requires
compulsory registration.
 Essentials of a Valid Wakf

Permanent Dedication(Commitment) of Property-

 Movable or Immovable Property.

 Charitable, religious or pious purpose.

 A Wakf for a limited period is not valid.

 The Wakif must be competent.

 Professing Islam.

 Sound mind.

 Not a minor.
 Essentials of a Valid Wakf

The Wakif must be the owner of the property.

The property must belong to the dedicator at the

time of dedication.

Object must be religious.

Wakf to be unconditional.
 Revocability of a Wakf

A Wakf once it is validly constituted is irrevocable.

A testamentary Wakf is revocable at any time before

the death of the testator.
 Distinction between Shia and Sunni Law of Wakf

Sunni Law-Wakf is complete by a declaration.

Shia Law-There must be delivery of possession.

Sunni Law-May use the income of Wakf property.

Shia Law-May not use income of Wakf property.

 Statutory Regulation of Wakfs in India

The Mussalman Wakf Validating Act,1913.

The Wakfs Act,1954-Provides control and

supervision of Wakfs.
 Manager of a Wakf(Mutawalli)

All rights of property pass out of the Wakif and vest

in the almighty.

Manager of property is called Mutawalli.

 Powers & Duties of a Mutawalli

Mutawalli is entitled to the remuneration fixed by

the Wakif.

He can not transfer his office even on his death bed.

His office is not hereditary.

A Mutawalli has no power without the sanction of

the court to sell,mortage,lease of Wakf property.