IQRA KHAN [LL.B- STUDENT]
Waqf has an important place in Muslim law. Through Waqf, property is transferred in the way of Allah. Waqf is related to charity, this donation is done in the way of Allah for the sake of Allah. Such donations benefit the common man, but the owner of this donation is made to Allah. Waqf can be done in two ways, private and public, but the public benefits from the property but the general public does not own the property.
In the Quran, Allah commands that a portion of whatever property you have is also of the poor. Waqf is not clearly written in the Quran, yet there are many verses which are considered to be related to Waqf. In India, the concept given in Waqf rules on Abu Yusuf’s waqf has been validated in Hanafi method. At one point, Abu Yusuf writes that “It is time to put the property under the ownership of the Almighty God and to plant its benefits or products for the benefit of mankind.”
The ownership of Waqf is vested in Allah. Waqf is called Mutawalli, Superintendent, Manager or Guard. The essential element of Waqf is that permanent surrender of any property should be surrendered to Allah. In Muslim law, a substantial surrender of the consumption of property is an essential element of Waqf for purposes considered religious and sacred.
According to Abu Yusuf, it is not necessary to appoint a Mutawalli for the Waqf, and by giving it to the Waqf, giving it completely in the way of Allah will complete the Waqf.
The Supreme Court stated in the case of Chhedilal Mishra v. Civil Judge (2007) that once a waqf is made, it is always waqf. The nature of a waqf cannot be changed for Mutavalli or by any other person. Waqf ceases to be owned and vested in Allah. The validity of Waqf can be questioned if it is proved that the Waqf wants to run away from his / her obligation through Waqf.
Any person who believes in the religion of Islam can waqf. If any person who does not believe in the religion of Islam or is not a follower of the religion of Islam, then the donation made by him will not come under the category of bailout. The person must be a Muslim for Waqf, because in Waqf, property is put in the way of Allah and ownership of property is handed over to Allah. It is an essential element of waqf for any purpose recognized by Muslim law that it should be done for a valid purpose under Muslim law. No Waqf can be done for a work which has been rejected by Islam.
Section (3) of the Waqf Act 1913 mentions certain provisions of Waqf. On the basis of this section, Muslim jurists have given many items which can be waived for sponsorship.
1- To build a mosque.
2- To arrange Imamo for conducting Namaz in Mosque
3-Celebrating the Birthday of Hazrat Ali Murtuzah.
4-Getting the Imambaro built and repaired.
5-Making and preservation of food items.
Maintenance of poor dependent relatives.
7-donation to fakirs.
8-Idgah to be built and donated to them.
9-Provision for teachers for donation to colleges and education in colleges.
10-bridge and inn.
11-Mecca, help the poor to go to Haj.
12- Provision of refreshment in the month of Moharram and camel etc. for the religious procession in Moharram.
Waqf should be registered under the Indian Registration Act 1908 by Waqf documents for immovable property of 100 rupees or more. In one case it was said that any waqf should be through registration. At present, the waqf of any immovable property is only through registration, the registration which is prepared is called waqfnama.
How is it done,
In the Muslim law, different practices have been made for doing waqf and the waqf can be done on the basis of four methods.
1) Through an act among the Waqf living people.
2) through a will.
3) Death factor due to disease (merz ul death)
4) by the use of remembrance. The meaning of remembrance is that no clear waqf has been made, but no property is being used for a long time indefinitely in a time which is not possible to be remembered. If a property is being used as a cemetery, then such property is considered waqf.
Who can be Mutavalli,
Any person who is healthy and adult and can perform the necessary duties under a particular time, can be appointed as Mutavalli. Waqf’s manager or superintendent is called Mutavalli. Mutavalli is not the owner of Waqf, he is only the manager or superintendent. The right of ownership of property waived under Muslim law does not reside in Mutavalli rests in Allah. Mutavalli is made for the care of Waqf, which is only superintendent or manager. There is no profit in his Waqf property, he only works with the intention of Allah’s Raza and religion of Islam.
Who cannot be appointed,
Who is appointed by
2) by the will of the founder.
3) Whoever appoints Mutavalli on his deathbed.
5) Waqf Board.
The ancient Waqf at the present time is the assets of the time of the old King Maharajas, all such properties have been placed under the Waqf Board. The management of these properties has come into the hands of the Waqf Board in such circumstances as old cemeteries, old mausoleums, old dargahs, old mosques, old khanqahs etc. If the Waqf Board is appointed under a democratically elected government, then Mutawalli is appointed by the Waqf Board only in such old time. Currently, the provisions of the Waqf Act 1995 are being applied in matters related to Waqf. This Act is the best Act of Waqf Law in India. Currently, appointments of Central Waqf Board and State Waqf Board etc. are being done through this Act and Waqf properties are being secured.