When Muslim a person, who is working for a charitable purpose under religious faith and sentiments and for the benefit and upliftment of the society, has donated his property in the name of Allah, is called waqf.

According to Imam Mohammad, however, a wakf is not complete unless there is declaration coupled with:

1. Appointment of mutawalli, and
2. Delivery of possession.

The Mutawalli –

mutawalli means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the mutawalli of a wakf and includes any person who is a mutawalli or a wakf by virtue of any custom or who is a naib- mutawalli, khadim, mujawar, sajjadanashin, amin.

He is a manager of Wakf property.The person who manages the waqf property.  Weather the female or male can be act as a Mutawalli. Md. Zaimubuddin  Vs. Moiden 1989 JT (11) SC 563, the sc court held that a woman can be appointed as mutawalli.Mutawalli is not a trustee in English sense he is a more like a manager but those duties are having a trustee similar duties.  If any waqf oproperty wrongfully deprives a beneficiary of the profits of the waqf property, he is liable to pay interest on the amount like trustee U/S 23 of Trust Act so trusteeship of the Mutwalli is known as tawliyat.  The person of non Muslim are also can be apoointed.

1) Appointment by :

 i) Founder i.e Wakif ii) Mutawalli’s power iii) Court’s power iv) Appointment by congregations 

2) Who may be Mutawalli – a Major and sound minded person can be a Mutawalli. – minor can be a Mutawalli in case of hereditary Mutawalli – female can also hold part of Mutawalli. 

3) Nature of Mutawalli– he is a manager and not trustee as property vests in God. 

4) Remuneration of Mutawalli, Officers and servants of Wakf – is made through wakfnama,  Mumtaz Vs AG AIR 1936 if the court can fix an amouont of remuneration exeeding 1/10 of the total income of the waqf.  It an honorary but not a right.

Powers of mutawalli – 

i. He has the power of manage and administration of wakf properties.

 – Power to utilize property for the purpose of wakf. 

– He can sue for possession of property.

– Md. Usuf V. Md. Sadiq 1933 Lah 501 – a Wakf deed provided for the sale of wakf property and to construct and to maintain a rest-house from the sale proceeds at Mecca. Court held that Mutawalli is having right to do so. 

ii) Alienation with the permission of the court for —For sale, mortgage / exchange. An alienation without permission is voidable.

 ii) Mutawalli’s power of granting lease- not for more than 3 years if it is agricultural land and for more than 1 year if it is non agricultural land.

 iii) Power of taking debt – no power of incurring debt

 iv) Power to file suit- after Wakf Act 1945, the power to file suit vests in Wakf board under whose supervision Mutawalli have to work. 

7 Removal of Mutawalli : – Founder has no power to remove Mutawalli unless such power is reserved in Wakf deed. 

-Court may remove on the ground of misfeasance, brach of trust/ unfitness/ any other reason. -A Mutawalli even if protect by Wakfnama can also be removed by court to consider interest of Wakf. 

-Thus a Mutawalli who is insolvent/ neglects to perform his duties, claims adversely to wakf property can be removed by court.

-Procedure for removing Mutawalli is by way of a suit in District Court.

1. By court –

1. if he misappropriates wakf property.

2. Even after having sufficient funds, does not repair wakf premises and wakf falls into disrepair.

3. Knowingly or intentionally causes damage or loss to wakf property.

In Bibi Sadique Fatima vs Mahmood Hasan , SC held that using wakf money to buy property in wife’s name is such breach of trust as is sufficient ground for removal of mutawalli.

4. he becomes insolvent.

2. By wakf board – Under section 64 of Wakf Act 1995, the Wakf board can remove mutawalli from his office under the conditions mentioned therein.

3. By the wakif – As per Abu Yusuf, whose view is followed in India, even if the wakif has not reserved the right to remove the mutawalli in wakf deed, he can still remove the mutawalli.

CONCLUSION

Mutawalli is the person who takes over the management of wakf. Appointment of Mutawalli is a compulsion in Shia Law. However, there is no compulsion in Sunni Law. Mutawalli under Muslim Law has no right in the property belonging to the wakf. The property is not vested in him. Technically, the position of Mutawalli under Muslim Law is different from that of a trustee. He is merely a manager or supervisor.

.