The Mutawalli

Introduction

A Mutawalli is the person who manages a Wakf property. He ensures that the purpose of the Wakf is properly carried out. His role is important for the proper administration of religious or charitable property dedicated under Wakf.

Meaning / Definition

A Mutawalli is the manager or administrator of a Wakf. He is not the owner or trustee because the ownership of Wakf property is considered to vest in God. His duty is only to manage and use the property for the purpose stated in the Wakf deed (wakfnama).

Modes or Types

Appointment of Mutawalli

A Mutawalli can be appointed in the following ways:

• By the founder (Wakif)
• By the Mutawalli himself (if given such power in the wakfnama)
• By the Court
• By the congregation (community members)

Who can be a Mutawalli

• A person who is major (above 18 years) and of sound mind
• A minor can be appointed in case of hereditary Mutawalli (passed through family)
• A female can also be appointed as a Mutawalli

Nature of Mutawalli

• A Mutawalli is only a manager, not a trustee
• Wakf property does not belong to him
• The property is treated as belonging to God

Remuneration

• The salary or payment of the Mutawalli and other staff is fixed according to the wakfnama

Powers of Mutawalli

Management and Administration

• He can manage and administer Wakf property
• He can use the property only for the purpose of the Wakf
• He can file a case (suit) to recover possession of Wakf property

Alienation of Property (transfer like sale or mortgage)

• He can sell, mortgage, or exchange property only with court permission
• Any transfer without court permission is voidable (can be cancelled)

Power to Lease

• Agricultural land: lease up to 3 years
• Non-agricultural land: lease up to 1 year

Power to Take Debt

• He does not have the power to take loans or incur debt

Power to File Suit

• After the Wakf Act, 1945, the Wakf Board has the power to file suits
• Mutawalli works under the supervision of the Wakf Board

Important Case Law

Md. Usuf v. Md. Sadiq (1933 Lah 501)

• Facts: Wakf deed allowed sale of property to build a rest house at Mecca
• Held: Court allowed the Mutawalli to sell the property as per Wakf purpose
• Principle: Mutawalli can act according to the purpose mentioned in the wakfnama

Distinction / Comparison

Mutawalli vs Trustee

• Mutawalli: Only a manager

• Trustee: Holds legal ownership of property

• Mutawalli: Property belongs to God

• Trustee: Property is held for beneficiaries

• Mutawalli: Limited powers

• Trustee: Wider control over property

Practical Example

A person creates a Wakf for maintaining a mosque. He appoints a Mutawalli. The Mutawalli collects rent from Wakf property and uses it for mosque maintenance. He cannot sell the property without court permission, even if needed.

Removal of Mutawalli

• Founder cannot remove the Mutawalli unless such power is mentioned in the wakfnama

• Court can remove the Mutawalli on grounds such as:

  • Misuse of power (misfeasance)
  • Breach of duty
  • Unfitness
  • Insolvency (unable to pay debts)
  • Neglect of duties
  • Acting against Wakf interest

• Even if protected by wakfnama, court can remove him in the interest of Wakf

• Removal is done by filing a suit in the District Court

Summary

• Mutawalli is the manager of Wakf property
• Ownership of Wakf property belongs to God
• Appointed by Wakif, court, Mutawalli, or congregation
• Must be major and of sound mind
• Has limited powers of management and administration
• Cannot sell or transfer property without court permission
• Cannot take loans
• Works under Wakf Board supervision
• Can be removed by court for misconduct or unfitness