A Muslim conveys property to a Mutawalli, B with directions to defray out of the profits of the endowed land the expenses of a mosque, to give alms to mendicants, to utilise the surplus for the marriage, burial, and circumcision of the members of B's family. Is the Wakf valid? Give reasons for your answer.
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Question: A Muslim conveys property to a Mutawalli, B with directions to defray out of the profits of the endowed land the expenses of a mosque, to give alms to mendicants, to utilise the surplus for the marriage, burial, and circumcision of the members of B's family. Is the Wakf valid? Give reasons for your answer. [BJS 1978]Find the question and answer of Muslim Law only on Legal Bites. [A Muslim conveys property to a Mutawalli, B with directions to defray out of the profits of the...
Question: A Muslim conveys property to a Mutawalli, B with directions to defray out of the profits of the endowed land the expenses of a mosque, to give alms to mendicants, to utilise the surplus for the marriage, burial, and circumcision of the members of B's family. Is the Wakf valid? Give reasons for your answer. [BJS 1978]
Find the question and answer of Muslim Law only on Legal Bites. [A Muslim conveys property to a Mutawalli, B with directions to defray out of the profits of the endowed land the expenses of a mosque, to give alms to mendicants, to utilise the surplus for the marriage, burial, and circumcision of the members of B's family. Is the Wakf valid? Give reasons for your answer.]
Answer
Wakf Act, 1954 defines Wakf as,
"Wakf means the permanent dedication by a person professing the Islam, of any movable or immovable property for any purpose recognized by Muslim Law as religious, pious, or charitable."
Under the law before the Wakf Act of 1913, a wakf was valid if the effect of the deed of wakf was to give the property in substance to charitable uses. It was not valid if the effect was to give the property in substance to the testator's family.
The Chief Justice of the Allahabad High Court in the case of Deoki Prasad v. Inait Ullah, (1892) 14 All 375, refused to invalidate a waqf on the pretext that the object of the waqf was to provide for the support of the descendants and kindred of the settlor. He did not see any illegality in the waqf which provided firstly for the support of the descendants and kindred of the grantor 'who might be in great want and need of support', with the surplus of the income of waqf property than going for purposes which were religious and charitable.
In the given case at hand where A Mahomedan conveys property to a mutawalli, B with a direction to defray out of the profits of the endowed land the expenses of a mosque, to give alms to mendicants, to utilize the surplus for the marriages, burials, and circumcision of the members of B's family. Here there is a substantial dedication to charity; the wakf, therefore is valid.
Mayank Shekhar
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