WAQF

The Indian statute, Mussalman Wakf Validating Act of 1913 defined a waqf as ‘a permanent dedication by a person professing the Mussalman faith of any property for any purpose recognized by the Mussalman law as religious, pious or charitable.”[1] So waqf is basically any property which is unconditionally and permanently dedicated to god with some pre-determined intention in such a manner that the property of the owner may be extinguished and its profit may revert to or be applied for the benefit of mankind except for purposes prohibited by Islam. Literally waqf  means to stop, contain, or to preserve. In shari’ah, a Waqf  is a voluntary, permanent, irrevocable dedication of a portion of ones wealth – in cash or kind – to Allah. Once a waqf, it never gets gifted, inherited, or sold. It belongs to Allah and the corpus of the waqf always remains intact. The fruits of the waqf may be utilised for any shari’ah compliant purpose. Waqf is of two types namely:

Economic Assets: These are generally fixed assets, income producing, include rentable shops,  houses, farms, shares in companies or businesses; function facilities e.g. halls; etc 

Social Assets: These are also generally fixed or capital assets and include schools; masjids; madressahs; hospitals & clinics; boreholes, water & sanitation facilities; libraries; cemetaries; community centres;  hostels etc.

                  Literal meaning of the word waqf is ‘detention’. In the language of law, waqf means detention of a property so that its produce or income may always be available for religious or charitable purposes. When a waif is created, the property is detained or, is ‘tied up’ forever and thereafter becomes non-transferable. Waqf is binding and enforceable by law, it has legal consequences. When Muslim a person who is working for charitable purpose under religious faith and sentiments and for the benefit and upliftment of the society, has donate his property in the name of Allah is called waqf. Waqf literally means the ownership of dedicated property is taken away from the person making waqf and transferred and detained by God. Details are given in old texts about wakf made by prophet. It is observed in M Kazim vs A Asghar Ali[2] that technically, it means a dedication of some specific property for a pious purpose or secession of pious purposes. As defined by Muslim jurists such as Abu Hanifa, Wakf is the detention of a specific thing that is in the ownership of the waqif or appropriator, and the devotion of its profits or usufructs to charity, the poor, or other good objects, to accommodate loan.[3]

         There is no direct injunction of the Quran’ regarding Waqf but the mention of waqf is there in a number of hadiths. The practices attributed to Muhammad have promoted the institution of waqf from the earliest part of Islamic history. Early references to Waqf in India, can be found in 14th century work, Insha-i-Mahru by Aynul Mulk Ibn Mahru. According to the book, Sultan Muizuddin Sam Ghaor edicated two villages in favor of Jama MasjidMultan, and, handed its administration to the Shaikhul Islam. As per Waqf Act 1954 nacted by Government of India, Waqfs are categorized as (a) Waqf by user such as Graveyards, Musafir Khanas and Chowltries etc., (b) Waqf under Mashrutul-khidmat such as Khazi service, Nirkhi service, Pesh Imam service and Khateeb service etc., and (c) Waqf Alal-aulad is dedicated by the Donor (Waqif) for the benefit of their kith and kin and for any purpose recognised by Muslim law as pious, religious or charitable. After the enactment Wakf Act 1954, the Union government directed to all the states governments to implement the Act for administering the wakf institutions like mosques, dargahashurkhanas, graveyards, takhiyas, iddgahs, imambaraanjumans and various religious and charitable institutions.[4]

MORE ABOUT WAQF

  • The essentials of a valid waqf are as follows:[5]

                1. Essentials written in meaning in legal terms

                2. Permanent dedication of any property

                3. To be done by a person professing Muslim faith

                4.  For any purpose recognized by the Islamic Law as religious, pious or heritable.

                5. Under the Shia Law, delivery of possession must be there

                6. Waqf must be immediate and un-contingent.

  • Objects of Waqf may be for the benefit of persons for any charity. Objects of a waqf may be religious, charitable or private.[6]

Following are valid objects of a waqf:

1. Mosques and provisions for Imams to conduct worship therein.

2. Colleges and provisions for professors to teach in them.

3. Aqueducts and bridges.

4.  Distribution of alms to poor and assistance to poor to enable them to perform pilgrimage to Mecca.

5. Keeping Tazias in the month of Moharram.

6.  Celebrating the death anniversaries of the settlor and his family.

7.    Maintenance of a Khankah.

8.  Repairs of Imambaras.

The following are the invalid objectives of waqf:

             1.  Objects prohibited by Islam.

             2.Payment to lawyers.

              3. Providing for the rich exclusively.

              4. Dedication to objects which are not certain.

              5. A direction to spend a certain sum of money for feasting Cutchi Memos every   year on the anniversary of the settlor’s death.

  • Features of waqf are as follows:[7]
  • Property to be vested  in God : The outstanding feature of wakf is that the ownership of property dedicated for the wakf vests in God. Once the dedication of property is made to the wakf, the ownership of the wakf is extinguished, and it is transferred to God. The creation of a wakf is essentially based on a legal fiction, the fiction being that the property vests in God in perpetuity, but income from the property is permitted to be utilized for certain specified purposes, which under the Muslim law are recognised as pious or religious.

2.     Waqf must be permanent: A Muslim waqf must be created for an unlimited period. Waqfs for limited periods are unknown to, and are not recognized by Muslim law. Thus, a gift of an usufructuary mortgage by the mortgagee or of a house standing on land leased for a fixed term is void, being of temporary nature. Similarly, a waqf will not be permanent if the waqf-nama contains a condition that if the properties are mismanaged, then the property should be divided among the descendants of the waqif.

3.     Waqf must be irrevocable: The irrevocability is another characteristic feature of a waqf. Once constituted validly, a waqf cannot be revoked. If in a waqf-nama a condition is stipulated that the waqif reserves to himself the right of revoking the waqf, or that the waqf will stand revoked on the happening of any event, then such a waqf is void. A waqif has the right at the time of dedication to reserve to himself the power of altering the beneficiaries either by adding to their number or by excluding some of them. Such a condition does not amount to the revocation of the waqf. Similarly, the power to amend the waqf may be reserved, but not absolute of changing the subjects of the waqf. 

4.     Waqf properties are inalienable: It is a concomitant to the doctrine of permanency of waqfs that once the properties are dedicated to God, they cannot be alienated. However, this rule is not absolute, and in certain circumstances, it is permissible that a mutawalli may alienate the waqf properties; a mutawalli may sell or grant a lease of the waqf properties, with the prior permission of the court. Muslim law recognizes not merely public waqfs but also family waqfs or private waqfs. Under Muslim law a waqf may also come into existence by immemorial usage. Besides these, Muslim law recognizes certain special religious institutions for which waqfs also be made.

·       Following are the kinds of waqf:[8]

Waqf is broadly of two kinds namely:

1.     PUBLIC WAQF- These are those waqfs which are dedicated to the public at large having no restrictions regarding its use. For example- bridges, wells, roads etc.

2.     PRIVATE WAQF- These are those waqfs which are for the benefit of the private individuals or class of those individuals which maybe fro the settler’s family.

Establishment of waqf

Islamic law puts several legal conditions on the process of establishing a waqf which are as follows :- [9]

Founder

A waqf is a contract, therefore the founder must be of the capacity to enter into a contract. For this the founder must:

  • be an adult
  • be sound of mind
  • capable of handling financial affairs
  • not under interdiction for bankruptcy

Although waqf is an Islamic institution, being a Muslim is not required to establish a waqf, and dhimmis may establish a waqf. Finally if a person is fatally ill, the waqf is subject to the same restrictions as a will in Islam.

Property

The property used to found a waqf must be objects of a valid contract. The object should not be illegal in Islam. Finally these objects should not already be in the public domain. Thus, public property cannot be used to establish a waqf. The founder cannot also have pledged the property previously to someone else. These conditions are generally true for contracts in Islam. The property dedicated to waqf is generally immovable, such as estate. All movable goods can also form waqf, according to most Islamic jurists. The Hanafis, however, also allow most movable goods to be dedicated to a waqf with some restrictions. Some jurists have argued that even gold and silver (or other currency) can be designated as waqf.

Beneficiaries

The beneficiaries of the waqf can be persons and public utilities. The founder can specify which persons are eligible for benefit. Public utilities such as mosques, schools, bridges, graveyards and drinking fountains can be the beneficiaries of a waqf. Modern legislation divides the waqf as “charitable causes”, in which the beneficiaries are the public or the poor

And “family” waqf, in which the founder makes the beneficiaries his relatives. There can also be multiple beneficiaries. For example, the founder may stipulate that half the proceeds go to his family, while the other half go to the poor.

Declaration

The declaration of founding is usually a written document, accompanied by a verbal declaration, though neither are required by most scholars. Whatever the declaration, most scholars hold that it is not binding and irrevocable until actually delivered to the beneficiaries or put in their use. Once in their use, however, the waqf becomes an institution in its own right.

Administration

Usually a waqf has a range of beneficiaries. Thus, the founder makes arrangements beforehand by appointing an administrator and lays down the rules for appointing successive administrators. The founder may himself choose to administer the waqf during his lifetime. In some cases, however, the number of beneficiaries are quite limited. Thus, there is no need for an administrator, and the beneficiaries themselves can take care of the waqf. The administrator, like other persons of responsibility under Islamic law, must have capacity to act and contract. In addition, trustworthiness and administration skills are required. Some scholars require that the administrator of this Islamic religious institution be a Muslim, though the Hanafis drop this requirement.

CONSTITUTIONAL VALIDITY OF WAQF

Justices V. Ramasubramanian and V.M. Velumani have quoted verses from Quran (holy book of Muslims) and Hadith (a record of teachings, deeds and sayings of Prophet Mohamed) while upholding the Constitutional validity of the Wakf Act, 1995. Dismissing a writ petition, the Bench held that there was nothing wrong in Wakf Boards being conferred with supervisory control over all wakfs, including those that were mired in legal disputes and governed through schemes framed periodically by civil courts before the enactment of the 1995 legislation. K.S. Sharfudeen, one of the descendants of Mr. Marakayar, had filed the present writ petition challenging Sections 32(1) and 32(2)(g) of the Wakf Act on grounds that it infringes right of minorities to administer their institutions and that supervision by the Wakf Board would tantamount to State interference in wakfs. Rejecting the contentions, the Division Bench said that if the petitioner considers supervision by Wakf Boards as an interference on the right of minorities, then the same logic should apply to the provisions of the Code of Civil Procedure too which permits courts to frame schemes for administering wakfs.It also stated that a majority of members of wakf board comprised people belonging to Muslim denomination and, therefore, it could not be termed a government body. “Therefore, the impugned provisions have only incorporated one more tier (in the form of Wakf Board) for redressing grievances rather than usurping the jurisdiction of the civil courts,” the Bench observed.[10]

REVOCATION OF WAQF

The Supreme Court has ruled that once a Waqf property is created it cannot be subsequently transferred or extinguished even by the waqif. Bench of Justices Tarun Chatterjee and Altamas Kabir while dismissing an appeal filed against an Allahabad High Court judgment said that “Once a Waqf is created, the waqif stands divested of his title to the properties which after the creation of the Waqf vests in the Almighty.”[11]

     The property in question originally belonged to one Mohammed Haider who created waqf of his entire properties in 1926 and appointed his son Piarey Mirza as its Mutwalli (Manager). The said property was registered as waqf property under Section 38 of the U.P. Muslim Waqfs Act and was subsequently entrusted to the care of the Board of Waqfs.But in 1958, Haider, who apparently had a change of mind, obtained a fresh decree from a court declaring the waqf property in his and son Mirza’s name which was subsequently sold it to the appellant Chhedi Lal Misra.[12]

      Irrevocability means the lack of power of the settler (waqif) to revoke his donation at any time. According to Abu Yusuf waqf is effective and binding as soon as the declaration is made by the donor without any need for delivery of possession to the beneficiary. To him, the property is transferred from the ownership of the settler to the ‘ownership’ of Allah and hence irrevocable which is accepted by a majority of Jurists. A wakf shall immediately come into effect once all the requirements and conditions of the wakf had been fulfilled, unless it is expressly provided that it shall commence only after the death of the waqif and cannot be sold or transferred by the waqif or be inherited by any person.[13]

COMPETENCY AND RIGHTS OF WAQIF

Every muslim who has a sound mind and has attained the age of majority has the capacity to constitute a valid waqf. A person of unsound mind does not have the capacity to constitute a valid waqf as that person is incapable of knowing the legal consequences of such transactions. The waqif must be an adult for the purpose of making an waqf which is 18years except for those muslims who are under the supervision of court of wards. The guardian of a minor cannot make any waqf on behalf of the minor and thus, waqf constituted by the guardians are void ab initio.[14]

     When a waqf is made, there is permanent transfer of the ownership of the property and therefore the founder must be the owner of the property dedicated. If the subject matter of the waqf is nit owned by the waqif then he has no right to make the waqf. The person having a capacity but no right cannot constitute a valid waqf. A pardanashen lady can also make a valid waqf only if she has the right and capacity to make a valid waqf and the purpose to make the waqf should also be legal. The waqif must apply the independent mind in dedicating property and should make it with the consent of the founder free from any compulsion, force, undue influence, fraud etc. A waqif has the right to constitute a waqf without leaving anything for the heirs. But in case of testamentary waqf the founder has no right to constitute a waqf of more than one-third of his property.[15]                                                                                                                         Originally the subject matter of waqf consisted properties of permanent nature like land, field etc. But with passage of time, all sorts of properties were made the subject matter of waqf after the Waqf Act 1954 that laid down that waqf can be of any type of property. A musha property can also be dedicated as waqf except for the waqf for construction of mosque and waqf for graveyard.[16]  

WAQF BY NON-MUSLIM

Though waqf is an institution of muslim personnel law a non- muslim can also constitute a  valid waqf. According to the Waqf Act 1913, the waqif must be a person proffesing Islam (should be a believer of Islam). According to Ameer Ali, Islam is not a necessary condition for constitution of waqf. Any person can make a valid waqf irrespective of the creed but the law requires that the object object for which the dedication is made should be lawful according to the Islamic doctrines.[17] 

             Educational society Ramjas Foundation lost its land to a 41-year-old proposal for “planned development” of Delhi, but became instrumental for the Supreme Court to hold that a non-Muslim can also create a Wakf under the Muslim law. 41 years after the government issued a notification for acquisition of the Foundation’s land in Chowkri Mubarikabad and Sadhora Khurd villages, the premier educational group was left with no choice but to part with the land after decades of fighting the acquisition on a novel claim that the land happened to be “Wakf property”.The land was dedicated to the society by founder Rai Saheb Kedar Nath, a district judge with the Punjab Judicial Service, in his father’s memory.After decades of grappling with the question on whether a Hindu can create a Wakf, the Supreme Court judgment on Tuesday took note of Ramjas’ defence and held that “a non-Muslim can also create a Wakf for any purpose which is religious under the Mohammedan Law”.The object of the Wakf must be lawful according to the religious creed of the maker as well, the apex court added.The Bench of Justices GS Singhvi and AK Ganguly based the judicial finding on Muslim texts, stating that “any person of whatever creed may create Wakf, but the law requires that the object for which the dedication is made should be lawful according to the creed of the dedicator as well as Islamic doctrines”.[18]

CASES LAWS

  1. Gora Devi &Ors vs Raj Board Of Muslim Waqf[19]

The necessary facts are, that the plaintiff, the Rajasthan Board of Muslim Waqf, Jaipur, filed the present suit against four defendants being Bulidan Singh, Ramgopal, Sumitra Devi and Shivji, for recovery of possession, alleging inter-alia, that in the city of Jodhpur, outside Sojatigate on Mahatma Gandhi Hospital Road in its north there is a big chunk of land situated between Sojatigate Ki Bari and TejnarayanKak’s land, which land is popularly known as Chand Shah KaTakiya. This entire land was pleaded to be a graveyard of the Muslims of Jodhpur in the old times, and at present also there are innumerable graves available. There also exists remainants of a mosque, a well, and a Hujara. It is also pleaded that earlier this land was used as common graveyard and is, therefore, a Waqf property. The Commissioner also surveyed the land under Section 4 of the Waqf Act and submitted a report, reporting it to be a Waqf property and the Waqf Board notified the property as a Waqf property vide publication in the official Gazette dated 14.4.1966, which notification has not been challenged under Section 6 of the Waqf Act.

Then it is pleaded that after partition of India, many persons started committing encroachment on the above land and in that process, started dismantling southern boundary wall and erecting enclosures.defendant No.1 Bulidan Singh, and other by the remaining three defendants No.2 to 4. The defendant No.1 in the written statement denied existence of any graves, Masjid or Hujara and denied it to be Waqf property. It was also pleaded that in this chunk of land many shops are constructed and open land is lying beyond those shops. Identity and boundaries of the land were not disputed. Then it is pleaded, that the defendant No.1 has always seen Nanne Shah to be the owner of the land, who had been letting out portions to different persons, and had been realising rent, and in that process defendant No.1 has also taken the portion of the land in question at rent from Nanne Shah, at a monthly rent of Rs.30/-It was denied that the land is known as Chand Shah KaTakiya, or that, it was ever a graveyard, nor any graves are there. The existence of Masjid, Hujara etc. was also denied. Rather it was denied to be Waqf property and was also denied to be vesting in the plaintiff. Final judgement by the court: “A cemetery or graveyard is consecrated ground and cannot be sold or partitioned. Even lands which are not expressly dedicated but are covered by graves, are regarded as consecrated and consequently inalienable and non-transferable.”

  • Punjab Waqf Board vs Gram Panchayat @ Gram Sabha[20]

The facts of this case in brief are as follows: On 19.9.70 the Punjab Waqf Board issued a Notification under sub- section (2) of section 5 of the Waqf Act, 1954, treating the property in question as a moslem grave-yard. It appears that on 21.5.1972, the Director of Land Records, Punjab, wrote to the Revenue Officer concerned for mutation of the land in the name of the Punjab Waqf Board. Accordingly, the Patwari of the area mutated the property in the name of the Punjab Waqf Board: Thereafter, the matter was taken up by the dram Panchayat (Gram Sabha) of HariomKhurd, Tehsil Samrala, District Ludhiyana before the Assistant Collector, Grade I, Samrala, contending that the property was community property which stood vested in the Gram Panchayat and could not have been mutated in the name of the Punjab Waqf Board. Learned counsel for the Gram Panchayat argued before the said Assistant Collector that the Gram Panchayat was the owner of the property which was `GairMumkinKabaristan’ according to revenue records. Moreover, it was being used for common purposes of all communities by the Gram Panchayat and was also a site for an annual fair.

On the other hand, it was contended by the Punjab Waqf Board that the property was under the ownership of the Punjab Waqf Board and was being used as a graveyard for Mohammedans exclusively and was not being used as a graveyard The revenue records thus showed the land was being used by Village community. It is obvious from the definition of `ShamilatDeh’ in Section 2(g) of the Punjab Village Common Land (Regulations) Act, 1961 that the land in question did not fall within the exclusionary part of the definition. Final judgementfrom the court : The revenue records thus showed the land was being used by Village community. It is obvious from the definition of `ShamilatDeh’ in Section 2(g) of the Punjab Village Common Land (Regulations) Act, 1961 that the land in question did not fall within the exclusionary part of the definition. Therefore, the land was `Shamilatdeh’ and was being used as such as per the revenue records. Thus, Section 13 of the Act would apply and preclude a suit by the Waqf Board.

  • Nawab Syed MahammadHashim Ali vs IffatAraHamidi Begum And Ors.[21]

Prince Qamar Qadar Mirza Mohammad Abed Ali Bahadur, hereafter called the Prince, a muslim governed by the Shia law died on 3lst January 1919 leaving him surviving his wife Shah Banu Amir Begum, a son Mirza Mohammad Syed Ali and a daughter, Nawab Zinat Ara Zinab Begum alias Juhi Begum as his heirs. His widow, Amir Begum died in 1928 leaving her son Mirza Mohammad Syed Ali and her daughter Juhi Begum as her heirs. The Prince in his old age was infatuated with a mistress of his named Shaheba Khatoon in whose favour he executed a lease for a term of ten years on 12th July 1916. That lease comprised twenty eight items of immovable property in the suburbs of Calcutta but mostly within the local limits of the Calcutta Municipal Corporation. By its terms Shaheba Khatoon undertook to pay the Prince a clear sum of Rs.500 as rent per month. This lease was in supersession of an earlier lease which the Prince had executed in her favour for the selfsame properties under which Rs. 1500 was payable as the net monthly rent. On 14th June 1917, the Prince executed a waqfnama which covered those twenty-eight items of immovable property included in Shaheba Khatoon’s lease and eleven more items of immovable property.

The principal question involved in these three appeals is the validity of this waqf. Juhi Begum married Humayun Kadar, on whose death in March 1918 she became a widow. She married again on 20th December 1918 and her second husband’s name is Nawab Hashem Ali Khan. On the allegation that her first husband Humayun Kadar had undertaken to pay her a dower (den-mohar) of twelve lacs of rupees she purported to assign her claim thereto for an alleged consideration of rupees one lac to one Hashem Ibrahim Saleji on 28th September 1918. Saleji instituted a suit in the original side of this Court (No. 1515 of 1918) against her and the other heirs of her deceased husband Humayun Kadar on 6th December 1918 to recover the said amount of rupees twelve lacs. Saleji became an insolvent in December 1921. The Official Assignee of Calcutta in whom the estate of Saleji had vested on his insolvency got himself substituted in Saleji’s place and continued the suit Final judgement by the court : . The objects of the waqf were easily ascertainable and there was no uncertainty about them. He also observed that the question would have to be decided in accordance with Muslim law which had not been altered by the MussalmanWaqf Validating Act or by any other legislative enactment. With great respect to the judgment of the majority in that case, after careful consideration, adopt the reasoning of ZiaulHasan J.; Wakf postulates charity, and to hold that there is little or no difference between “Kar-i-khair” in a Mussalman deed of waqf and “dharam” in a Hindu will would be to lose sight.

  • Hafiz Mohammad FatehNasib vs Sir Swarup Chand Hukum Chand, Firm [22]

The plaintiff firm, Swarup Chand Hukum Chand, had instituted a suit for the recovery of khas possession of the plaint land and for the recovery of mesne profits in respect thereof on the basis of their purchase of the suit land at a sale held at the instance of the Official Assignee. The property in suit comprises premises Nos. 2, 2/1, 2/2 and 8 Rowland Road, Ballygunge, and this property had been mortgaged to the plaintiffs by MahanandaNandy  as security for the sum of Rs. 1,30,000. MahanandaNandy subsequently became insolvent and his property vested in the Official Assignee. The property in suit has a long and somewhat complicated history. Therefore , the suit land originally belonged to a man named Juman Mistry. Juman Mistry dedicated a portion of his property to religious purposes by a waqfnama . By this deed Juman Mistry appointed himself and his second wife, SundanBibi, to be the mutwallis of the waqf estate. The deed purported to be irrevocable, and in it the waqif stated that his son, Umer Ali, was not fit to be a mut-walli of the properties comprised therein. Juman Mistry made due provision in the deed for the appointment of future mutwallis. Some time after the execution of the waqfnama, ,SundanBibi died and, , Juman Mistry executed a second waqfnama. By this deed he appointed himself as the sole mut-walli of the waqf properties during his life-time, and provided that after his death he should be succeeded in that capacity by his son, Umer Ali. He also appointed his son- in-law, Rakibuddin, for the purpose of assisting Umer Ali in the management of the wakf. Juman Mistry died  and was succeeded as mutwalli by Umer Ali. Admittedly, Rakibuddin never acted as mutwalli in respect of the waqf estate. Judgement was that all the necessary elements with regard to the adverse possession of their predecessors for a period of more than 12 years have been established by the plaintiffs in this case. It follows therefore that, as they were holding adversely to the waqf estate, the title of that estate has become extinguished in view of the provisions of Article 144, Limitation Act, Section 28.  The plaintiffs have been able to establish all the requisite links as regards their title to this property. The appellant was allowed to file his appeal in forma pauperis. It was  therefore directed  him to pay the requisite court-fees, under Order 33, Rule 11, Civil P.C., read with Order 44, Rule 1, of the Code.

  • Kushi Ram And Another vs Haryana Waqf Board [23]

This petition under Articles 226/227 of the Constitution of India has been filed seeking quashing of the impugned judgment and decree passed by the Tribunal constituted under the Waqf Act, 1995 (respondent No.2). The Haryana Wakf Board, Ambala Cantt. through its Estate Officer Sh. Jangi Khan posted at Sonepat (respondent No.1) filed a suit for possession of Mosque shown in red colour in the site plan attached. It is inter alia stated in the plaint that the property comprised in khasra Nos.237/1, 237/3 and 238 measuring 831 sq. yds situated in the Revenue Estate of Garhi Brahmanan, Sonepat is a Waqf property on which a Mosque is built.

The said property was handed over by the Rehabilitation Department to the Punjab Waqf Board. The property is more specifically shown in red colour in the site plan attached. It is alleged that the defendants were in illegal and forcible possession of the said Mosque and intended to demolish the same in respect of which a complaint was filed by the Waqf Board before the local Police. The property was stated is not a Waqf property. After considering the evidence and material on record, the suit property was held to be Waqf property and the Waqf Board was held entitled to dispossess the defendants (petitioners therein) from the suit property as per law and rules and regulations. Aggrieved, the petitioners have filed the present petition assailing the said judgment and decree passed by the learned Tribunal. The impugned judgment and decree is quashed and the matter is remanded back to the Tribunal to identify the property.

CONCLUSION

Waqf is intended to be perpetual and last forever. Nevertheless, Islamic law envisages conditions under which the waqf may be terminated like If the goods of the waqf are destroyed or damaged. Scholars interpret this as the case where goods are no longer used in the manner intended by the founder. The remains of the goods are to revert to the founder or his/her heirs.

Other scholars, however, hold that all possibilities must be examined to see if the goods of the waqf can be used at all, exhausting all methods of exploitation before the termination. Thus, land, according to such jurists, can never become extinguished. Then, A waḳf can be declared null and void or religious judge, if its formation includes committing acts otherwise illegal in Islam, or it does not satisfy the conditions of validity, or if it is against the notion of philanthropy. Since waqf is an Islamic institution it becomes void if the founder converts to another religion. And lastly, the termination of the waqf may be specified in its founding declaration. As the waqf would expire whenever its termination conditions are fulfilled (e.g. the last beneficiary). The waqf property then returns to the founder, his/her heirs, or whoever is to receive it.[24]

   


[1]  http://www.duhaime.org/LegalDictionary/W/Waqf.aspx  on 25.06.21 at 19:31 hrs.

[2]  AIR 1932

[3] https://www.lawctopus.com/academike/concept-waqf-muslim-law  on 25.06.21 at 19:32 hours.

[4] https://en.wikipedia.org/wiki/Waqf  on 25.06.21 at 19:32hours.

[5]  http://zulfiqar-ali-chandio-law-blog.tumblr.com/post/17814791854/q-define-waqf-what-are-the-object-of-waqf-can-a  on 25.06.21 at 19:33hours.

[6] http://zulfiqar-ali-chandio-law-blog.tumblr.com/post/17814791854/q-define-waqf-what-are-the-object-of-waqf-can-a  on 25.06.21 at 19:34hours.

[7]  http://www.shareyouressays.com/knowledge/what-are-the-characteristic-features-of-a-wakf-under-muslim-law/117569   on 25.06.21 at 19:35hours.

[8] https://www.slideshare.net/badar47/waqf-muslim-law-mohammedan-law-ppt  on 25.06.21 at 19:35hours.

[9] https://en.wikipedia.org/wiki/Waqf  on 25.06.21 at 19:36hours.

[10] http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/HC-upholds-Constitutional-validity-of-certain-provisions-of-Wakf-Act-1995/article11652653.ece    on 25.06.21 at 19:37hours

[11] http://archive.indianexpress.com/news/wakf-cannot-be-revoked-even-by-the-maker-sc/2493  on 25.06.21at 19:38hours.

[12] http://www.thehindu.com/todays-paper/tp-national/Wakf-cannot-be-revoked-rules-Supreme-Court/article14730270.ece  on 25.06.21 at 19:39hours

[13] http://eprints.utm.my/501/1/27-38.pdf  on 25.06.21 at 19:45hours

[14]https://www.isdb.org/irj/go/km/docs/documents/IDBDevelopments/Internet/English/IRTI/CM/downloads/IES_Articles/Vol_19_No_1/Waqf.pdf   on 25.06.21 at 19:45hours

[15]  http://eprints.utm.my/501/1/27-38.pdf  on 25.06.21 at 19:47hours

[16] http://www.shareyouressays.com/knowledge/what-are-the-subject-matters-of-a-valid-wakf/117567  on 25.06.21 at 19:47hours

[17]  http://archive.indianexpress.com/news/nonmuslims-too-can-create–wakf–property-sc/708774  on 25.06.21 at 19:49 hours.

[18]  http://archive.indianexpress.com/news/nonmuslim-can-also-create-wakf-rules-sc/70898  on 25.06.21 at 19:49 hours.

[19]  12 November, 2008

[20]  1 December, 1999

[21] 20 May, 1941.

[22]  28 May, 1941

[23]  24 July, 2009

[24]  https://en.wikipedia.org/wiki/Waqf  on 25.06.21 at 19:51 hours.

[25] https://en.wikipedia.org/wiki/Waqf  on 25.06.21 at 19:52 hours.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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