Understanding the Role of Mutawalli in Muslim Law
In Muslim law, a Wakf is a permanent dedication of property for religious, charitable, or pious purposes. Once a property is declared Wakf, the ownership of the property is transferred to God Almighty, and it can no longer be sold, gifted, or inherited. However, as God cannot manage the property directly, the law recognizes the appointment of a Mutawalli, who serves as the manager or superintendent of the Wakf property.
The legal framework governing Wakf and the role of Mutawalli in India is primarily derived from the Muslim Personal Law (Shariat) Application Act, 1937, and the Wakf Act, 1995, which provides statutory regulations for the management of Wakf properties. The Mutawalli acts as a trustee or custodian responsible for maintaining, supervising, and using the property strictly for the purpose for which it was dedicated.
This essay discusses who may be appointed as Mutawalli, the manner of appointment, and the powers and limitations of a Mutawalli concerning Wakf property under Muslim law.
Who May Be Appointed as Mutawalli
A Mutawalli is essentially the manager of a Wakf property and not its owner. He is entrusted with the responsibility of ensuring that the Wakf property is used and administered in accordance with the object for which it was created.
A. Appointment by the Wakif (Founder):
The founder of the Wakf (Wakif) has the first right to appoint a Mutawalli either at the time of creating the Wakf or later. This appointment can be made through a deed of Wakf or a will.
B. Appointment by Existing Mutawalli:
If the original Mutawalli was given the power to appoint his successor, he can nominate another person upon his death or resignation.
C. Appointment by Court:
In cases where there is no valid appointment by the founder or previous Mutawalli, the District Court has the authority to appoint a Mutawalli under Section 42 of the Wakf Act, 1995. The court’s choice depends on the welfare of the Wakf and the interests of the beneficiaries.
D. Qualifications of a Mutawalli:
A person can be appointed as a Mutawalli if:
- He or she is of sound mind and has attained majority (18 years).
- He or she is competent to perform administrative duties.
- Both male and female persons can be Mutawallis.
- A non-Muslim can also be appointed if the duties are purely administrative and not religious.
E. Disqualification of Mutawalli:
A person is disqualified if he is of unsound mind, insolvent, or has been convicted of moral turpitude. The court can remove such a Mutawalli under Section 64 of the Wakf Act, 1995 for misconduct, negligence, or mismanagement.
Thus, while the Wakif has primary authority to appoint, the law ensures proper mechanisms exist for replacement and regulation to protect the integrity of the Wakf property.
Powers and Duties of a Mutawalli
A Mutawalli’s position is similar to that of a trustee, but with limited powers. He is not the owner but merely the manager of the Wakf property, bound to act in good faith and in accordance with the object of the Wakf. His powers are both administrative and custodial, subject to the supervision of the Wakf Board and the civil courts.
A. Powers of Mutawalli (as per the Wakf Act, 1995):
- Power to Manage Property:
The Mutawalli can manage the property, collect rent, lease property, and use the income for the purposes specified in the Wakf deed. - Power to Lease Property:
Under Section 56 of the Wakf Act, 1995, the Mutawalli can lease Wakf land for up to 30 years for commercial purposes and 3 years for agricultural purposes, with prior permission of the State Wakf Board. - Power to Spend and Maintain:
The Mutawalli can spend funds on repairs, maintenance, and other necessary expenses for the Wakf property. - Power to Sue and Be Sued:
The Mutawalli can file legal actions to protect the interests of the Wakf property and can also be sued for mismanagement. - Power to Appoint Employees:
He can appoint caretakers, teachers, or staff necessary to maintain mosques, schools, or institutions under the Wakf.
B. Duties of a Mutawalli:
- Maintenance of Accounts:
The Mutawalli must maintain accurate records of income, expenditure, and property. - Submission of Reports:
He must submit annual accounts and budgets to the Wakf Board as per Section 46 of the Wakf Act, 1995. - Protection of Property:
He must prevent any unauthorized occupation or misuse of the property. - Application of Income:
The income must be utilized only for the objects specified by the founder—such as for mosques, education, or charity.
C. Limitations on Powers:
- The Mutawalli cannot sell or permanently transfer any part of the Wakf property without the sanction of the Wakf Board.
- He cannot borrow money or mortgage the property unless permitted by law.
- He must act within the framework of the Wakf deed and cannot derive personal benefits from the property.
In essence, the Mutawalli is a fiduciary custodian—a person of trust who must act honestly, efficiently, and transparently in managing the property for the benefit of the community.
3. Removal and Replacement of a Mutawalli
Under Section 64 of the Wakf Act, 1995, the Wakf Board has the authority to remove a Mutawalli in the following circumstances:
- Mismanagement or Misappropriation: If the Mutawalli misuses funds or neglects his duties.
- Insolvency or Incompetence: If he becomes incapable of discharging his duties effectively.
- Violation of Wakf Deed Conditions: If he acts contrary to the objects of the Wakf.
- Conviction for Offence: If convicted for moral turpitude or corruption.
After removal, the Board or the Court can appoint a new Mutawalli, ensuring that the Wakf property remains properly managed.
Case Law:
In Ali Mohammad Khan v. Ashiq Ali (AIR 1913 All 179), the court held that the Mutawalli is not the owner, but merely a manager and custodian of the property. He cannot alienate Wakf assets except for unavoidable necessity and with due permission.
Similarly, in Mazhar Hussain v. Bodha Bibi (AIR 1923 All 496), the court observed that a Mutawalli’s actions must always align with the object of the Wakf, and he must maintain transparency in management.
These rulings emphasize that Mutawalli’s role is one of trust, accountability, and service, not ownership.
Real-Time Example of Mutawalli Appointment and Powers
For instance, in Hyderabad, a well-known Wakf property dedicated for running a Madarsa and Mosque faced administrative disputes after the founder’s death. The court intervened under Section 42 of the Wakf Act, 1995, and appointed a Mutawalli Committee to manage the property. The appointed Mutawalli collected rents, repaired the building, and ensured that income was used for students’ education and mosque upkeep.
When the Mutawalli later attempted to lease the property for 25 years without Board approval, the Wakf Board nullified the lease, asserting that the Mutawalli’s power is limited to management, not alienation. This example illustrates how the legal system ensures accountability and preserves the charitable purpose of Wakf properties.
Mnemonic to Remember the Concept of Mutawalli
🧠 Mnemonic: “MAPS”
- M – Manager: Mutawalli is the manager, not the owner of Wakf property.
- A – Appointment: Can be appointed by Wakif, successor, or court (Section 42).
- P – Powers: Limited to management, leasing, and maintenance (Section 56).
- S – Supervision: Subject to removal for misconduct under Section 64 of the Wakf Act, 1995.
This mnemonic “MAPS” helps recall the appointment, powers, and supervision of the Mutawalli under Muslim law.
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