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Thread: Who may be appointed mutwalli of waqf property? what are his rights and duties. (2005

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    Word Icon 35px Jpg.ashx Who may be appointed mutwalli of waqf property? what are his rights and duties. (2005

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    1. Introduction:
    Mutwalli is superintendent of manger of the waqf property. he has no right in waqf property. he looks the matters of waqf property. he has the same rights of management as an individual. the office trustee is not transferable.
    2. Definition of mutawalli:
    Case law Jheana Vs. Chief administator Auqaf Punjab 1992 CLC 2054
    It was held that the definition of mutawalli includes a person who for the time being manages waqf property.
    3. Appointment of mutawalli:
    Qualification of mutawalli is as under.
    (i) By the waqif.
    (ii) By the executor.
    (iii) By the mutwali.
    (iv) By the order of the court.
    4. Qualification of mutawalli:
    Qualification of mutawalli is as under.
    (i) Muhammdan or non Muhammedan.
    (ii) Sound mind.
    (iii) Should be of the age of majority.
    5. Who can be appointed mutwalli:
    Following can be appointed mutawalli.
    (i) The waqif himself.
    (ii) His children.
    (iii) His descendants.
    (iv) Any other person even a female.
    (iv) Non-Muslim.
    (vi) Sunni in a Shia waqf and Shia in Sunni waqf.
    6. Where two or more mutawalli:
    Where two or more than two mutawalli are appointed jointly and there is no express or implied direction pertaining to the succession of mutawalli in such cases the office of mutawalli will pass on the death of one holder to the survivor.
    7. Rights of mutawalli:
    1.If there is no provision in wakfnama about for succession of the office of mutawalli he has right to appoint his successors on his death bed.
    2. He has right of remmnuneration.
    3. He has right to do any thing that is reasonable for the administration and betterment of the waqf.
    4. Mutawalli has right to appoint his successor if wakf deed authorize him to do so.
    5. Mutawalli can appoint his successor if wakif and his executor are both dead.
    6. Has right to manage the wakf property.
    8. Duties of mutawalli:
    (i) It is the duty of mutawalli to take care wakf property.
    (ii) Mutawalli is duty bound not to sell or mortgage wakf property without the permission of the court.
    (iii) He is duty bound not to grant a lease of wakf property not exceeding three years in case of agriculture property and one year in case of non-agriculture land.
    (iv) Mutawalli is duty bound not to increase allowance of officers and servants.
    (v) Mutawlli is duty bound not to transfer the office for another.
    9. Nature of office of matawalli:
    The office of mutawlli is not hereditary under Islamic law. hereditary right is not recognized.
    Case law
    Abdul Hamid V/S Govt. of West Pakistan 1985 CLC 58.
    It was held in this case that as founder of wakf has the power to appoint first mutawalli and to lay down the the scheme for the succession to the office of mutawalli.
    10. Removal of mutawalli:
    A mutawalli may be removed by the court.
    (i) If he become unfit for the job.
    (ii) If he does not perform the religious services.
    (iii) If mutawalli become insolvent.
    (iv) If he commit misconduct.
    (v) If mutawalli commits breach of trust.
    11. Conclusion:
    To conclude I can say that mutawalli is a person who manage waqf property. the office of the mutawalli is not hereditary and non transferable. he has rights and duties under law. he can be removed by the court. on the ground of breach of trust, misconduct insolvency etc. etc.

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