Mutawalli Rights and Duties
1. Introduction:
Mutawalli is the superintendent of manager 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 Administrator 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:
- By Waqif
- By Executor
- By Mutawalli
- By order of court
4. Qualification of mutawalli:
Qualification of mutawalli is as under.
- Muhammdan/Non-Muhamdan
- Sound Mind
- Major
5. Who can be appointed mutawalli:
The following can be appointed mutawalli.
- The waqif himself.
- His children.
- His descendants.
- Male or female.
- Non-Muslim.
- Sunni in a Shia waqf and Shia in a Sunni waqf.
6. Where two or more mutawalli:
Where two or more two mutawalli are appointed jointly and there is no express or implied direction about 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:
If there is no provision in waqfnama about for succession of the office of mutawalli he has the right to appoint his successors on his deathbed.
- He has the right to remuneration.
- He has the right to do anything reasonable for the administration and betterment of the waqf.
- Mutawalli has the right to appoint his successor if the waqf deed authorizes him to do so.
- Mutawalli can appoint his successor if Wakif and his executor are both dead.
- Has the right to manage the waqf property.
8. Duties of mutawalli:
It is the duty of mutawalli to take care waqf the property.
- Mutawalli is duty-bound not to sell or mortgage waqf property without the permission of the court.
- He is duty bound not to grant a lease of waqf property not exceeding three years in the case of agriculture property and one year in the case of non-agriculture land.
- Mutawalli is duty-bound not to increase the allowance of officers and servants.
- Mutawalli is duty-bound not to transfer the office to another.
9. Nature of office of mutawalli:
The office of mutawalli is not hereditary under Islamic law. Hereditary right is not recognized.
10. Removal of mutawalli:
A mutawalli may be removed by the court.
- If he became unfit for the job.
- If he does not perform the religious services.
- If mutawalli becomes insolvent.
- If he commits misconduct.
- If mutawalli commits a breach of trust.
11. Conclusion:
To conclude I can say that mutawalli is a person who manages waqf property. the office of the mutawalli is not hereditary and nontransferable. he has rights and duties under law. he can be removed by the court. on the grounds of breach of trust, misconduct insolvency etc., etc.