Mutawalli – Meaning and Concept
A Mutawalli is a person appointed to manage and administer a Waqf (religious endowment) property under Muslim law. The term is derived from Arabic, meaning “trustee” or “manager.” The powers and duties of a Mutawalli are recognized under the Waqf Act, 1995 (Sections 2(l) and 8). A Mutawalli is responsible for safeguarding the Waqf property, ensuring that it is used according to the intentions of the founder (Wakif), and distributing the income for the designated charitable or religious purposes. The position carries legal obligations, and a Mutawalli can be removed by a court for mismanagement, breach of trust, or violation of the founder’s instructions.
Appointment and Eligibility
A Mutawalli can be appointed by the founder of the Waqf (Wakif), or, in the absence of a specific appointment, by the State Waqf Board or courts. According to Section 12 of the Waqf Act, 1995, a Mutawalli must be a Muslim, competent to manage property, and not disqualified due to moral turpitude or legal incapacity. Courts have held that the Mutawalli should administer the property faithfully, prudently, and for the benefit of the intended beneficiaries, ensuring compliance with both Islamic principles and statutory provisions.
Powers and Responsibilities
The Mutawalli has powers to collect rents, manage the property, make improvements, and utilize the income for charitable purposes. However, they cannot sell, mortgage, or transfer Waqf property without appropriate legal sanction. Mismanagement or misuse can lead to removal under Section 58 of the Waqf Act, 1995. The Mutawalli acts as a fiduciary, ensuring that the founder’s intentions are strictly followed, income is properly applied, and the Waqf remains intact for future generations. Courts often monitor Mutawallis to maintain accountability and protect religious endowments.
Real-Time Example
For example, Hussain creates a Waqf for running a madrasa and appoints his nephew, Ali, as Mutawalli. Ali is responsible for managing the land, collecting rent, and using the income to pay teachers and maintain the madrasa. If Ali diverts funds for personal use, the State Waqf Board can remove him under Section 58 of the Waqf Act, 1995, and appoint a replacement. This demonstrates how the role of Mutawalli safeguards the Waqf property while ensuring that the founder’s charitable intentions are fulfilled.
Mnemonic to Remember the Concept
Mnemonic: “MUTAWALLI = Manager Upholding Trust And Waqf Assets, Lawful and Loyal Institution”
Breakdown:
- M – Manager of Waqf property
- U – Upholding trust of founder (Wakif)
- T – Trustee for intended beneficiaries
- A – Administers income for charitable purposes
- W – Waqf property remains protected
- A – Accountable to courts or Waqf Board
- LLI – Lawful and Loyal Institution
This mnemonic helps recall that a Mutawalli is a legally and religiously responsible manager of Waqf property, ensuring proper administration and protection of charitable endowments.
About lawgnan:
To understand the role and powers of a Mutawalli under Muslim Law, visit Lawgnan.in — your trusted guide for Islamic legal education. Explore how a Mutawalli serves as a trustee and administrator of Waqf property, ensuring it is used for charitable and religious purposes according to the founder’s intent. Learn about the Waqf Act, 1995, appointment procedures, legal responsibilities, and grounds for removal. Lawgnan.in provides detailed, practical insights on Muslim Family and Waqf Law, helping students, lawyers, and scholars understand the principles of fiduciary management in Islamic jurisprudence.
