Definition and Concept
A Mutawalli is the manager or superintendent of a Wakf (endowment) under Muslim Law. The concept arises from the Arabic word ‘Wakf’, meaning dedication of property for a religious or charitable purpose in perpetuity. The Mutawalli is not the owner of the Wakf property; he is merely its administrator or trustee, bound to manage it in accordance with the objects of the Wakf. His powers, rights, and duties are governed by Section 36 to 69 of the Wakf Act, 1995, and the general principles of Muslim Personal Law. The Mutawalli’s main duty is to ensure that the income from the Wakf property is applied for the purpose intended by the Wakif (the person who created the Wakf).
Appointment and Powers of Mutawalli
A Mutawalli may be appointed in several ways—by the Wakif himself, by his executor, by a court, or by the Wakf Board under Section 42 of the Wakf Act, 1995, if no Mutawalli is appointed. The Mutawalli’s powers are limited; he cannot sell, mortgage, or lease Wakf property without prior sanction of the Wakf Board (Section 51). His role is similar to that of a manager or trustee, not an owner. However, he may spend income for repair, maintenance, and payment of necessary expenses related to the property. The Mutawalli can be removed under Section 64 of the Wakf Act, 1995 for misconduct, mismanagement, or incapacity.
Legal Position and Responsibility
The position of a Mutawalli is similar to that of a trustee under trust law, but in Wakf, the ownership of property vests in God Almighty. Hence, the Mutawalli acts as a custodian of God’s property. Courts have emphasized that the Mutawalli must maintain accurate accounts and act solely for the benefit of the Wakf. Under Section 68 of the Wakf Act, failure to perform duties or misuse of property can invite penal consequences. The Mutawalli is accountable to the Wakf Board and beneficiaries for any loss caused by negligence or fraud. His position is of high trust and moral obligation under both Islamic and statutory law.
Real-Time Example
In Ali Ahmad v. Allahabad High Court (1891) ILR 13 All 76, the court held that a Mutawalli is merely a manager and has no proprietary right in the Wakf property. The Mutawalli cannot alienate Wakf property except with proper authority. In this case, the court invalidated a sale deed executed by a Mutawalli without permission, as it was contrary to the object of the Wakf. This case remains a landmark authority confirming that the Mutawalli is a fiduciary, not an owner, and must act strictly according to the terms of dedication and legal provisions.
Mnemonic to Remember
“MAPR” – Mutawalli: Manager, Appointed, Powers, Responsibility
- M – Manager of Wakf property, not owner.
- A – Appointed by Wakif, Court, or Wakf Board (Sec. 42).
- P – Powers limited; cannot alienate without sanction (Sec. 51).
- R – Responsible to Wakf Board and beneficiaries (Sec. 64–68).
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