Notwithstanding anything contained elsewhere in this Ordinance or in any other law for the time being in force or in any waqf deed or in any contract, the Administrator may, with the previous sanction of the Government, transfer any part of a waqf property by sale, mortgage, exchange or lease if he considers it necessary for the improvement and benefit of the waqf. Hiba Bil Iwaz means gift for consideration already received. The mutually is the person who has the right to administer the waqf property. Meaning and various types of the waqf is defined in this projects. Magistarial powers of Administator and others 31A. Credit must be given to the Muslim jurists for having developed the jurisprudence of waqf. Waqf al-awaridh may also be used to finance maintenance of the utilities of a village or neighborhood.
A waqif may constitute himself the first mutawalli. Application for enquiry or audit of accounts 37. If the subject matter of a waqf is not owned by the settler at the time when the waqf is made, the settler has no right to make waqf. It may be land, goods, or actionable claims. What Muslim law does recognize and insist upon, is the distinction between the corpus of the property itself called as Ayn and the usufruct in the property as Manafi. A mutawalli or a Receiver may apply to the Administrator for sanction to transfer waqf property under sub section 1 of section 56, and the Administrator, after making such enquiry and giving notice to such persons in such manner as he thinks fit and hearing them, if they desire to be heard, may accord sanction to such transfer on such terms and conditions as he may, in his discretion, impose: Provided that where such transfer is to be made under an express power conferred by the waqf deed, the Administrator shall not refuse to accord sanction.
The decisions of this Court further establish that there is a presumption in favor of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression of the constitutional guarantee; that it must be presumed that the legislature understands and correctly appreciates the needs of its own people and that its laws are directed to problems made manifest by experience and that its discriminations are based on adequate grounds; and further that the legislature is free to recognise degrees of harm and may confine its restrictions to those cases where the need is deemed to be the clearest. Issue 2692: If some property is made Waqf for an unborn child, it is a matter of Ishkal for that Waqf to be valid, and it is necessary to observe precaution in this case. And the permission of the Mujtahid is not necessary for appropriating any benefit from the Waqf. And if this is not possible, the Mujtahid can replace him with an honest trustee. The Act provides for the survey of all wakfs and registration of wakfs. Under Muslim law, there are several religious institutions for which a wakf can be created.
For example, A make a gift of a cow to S and later B makes a gift of a house to A. However this rule is not absolute and in some circumstances, it is permissible that a mutawalli may alienate the wakf properties, a mutawalli may sell or grant a lease of the wakf properties with the prior permission of the court. Instances of the mismanagement of the wakfs are numerous; the incompetence and corruption of the mutawallis are appalling and abysmal; more often than not, the properties of the wakfs are squandered away. By an act of a living person inter vivos — when a person declares his dedication of his property for Wakf. Conclusion The Sharjah Waqfs Law means that Waqfs are no longer a risky option to adopt as an ownership structure. Muslim law does not recognize any form of creating a wakf.
Such a waqf is termed as waqf alat aulad. Creation of Reserve Fund 41. Knowingly or intentionally causes damage or loss to wakf property. It should not disregard the directions of the settler but public interest must be given more importance. Record-of-Rights, separate khatian, etc 6A. Salient features of Waqf Act, 2013 8.
A notice or requisition under this Ordinance may be served on the persons named in the notice or requisition either by post or as a summons issued by a Court under the, 1908, or in such manner as may be prescribed by the rules. Where a Shia waqif makes provision for the reservation of any income for his maintenance or for the payment of his debt, the waqf is void. Some of these applied to wakf also. The donor may declare the gift of any kind of property either orally or by written means. As the property is deemed to vest in god, the waqf can not revoke it subsequently. The first mosque built by ' is an example of this: the land was donated by , and the mosque's expenses were then paid by the.
Inalienable — Since Wakf property belongs to God, no human being can alienate it for himself or any other person. In Ottoman Turkish law, and later under the , the waqf was defined as State land or property of which the State revenues are assured to pious foundations. Issue 2696: If a person Waqfs a property for a particular group, like, his descendants, so that every generation should benefit from it successively, and to achieve that purpose, the trustee of the Waqf leases it out, and then dies, the lease will not become void. A gift of a right of management is valid; but a gift of future revenue of a village is invalid. He is competent to file a suit to protect the interests of the wakf. The report shall also contain the name of any person who, in the opinion of the auditor, is responsible for such expenditure or failure, and the auditor shall, in every such case, certify the amount of such expenditure or loss as due from such person.
Finally these objects should not already be in the public domain. The Emirate of Sharjah by Law No. As the waqf would expire whenever its termination conditions are fulfilled e. Wakf is binding and enforceable by law, it has legal consequences which are dealt in this project. Powers and functions of Mutawalli The mutawalli is manager of the waqf property. Issue 2691: It is necessary that the person who makes a Waqf should be Baligh and sane, and should be doing so of his free will and niyyat. It is thus a transaction made up of two mutual or reciprocal gifts between two persons.
The founder can specify which persons are eligible for benefit such the founder's family, entire community, only the poor, travelers. Abu Yusuf and Imam Muhammad defined waqf in the following words: Waqf is permanent dedication of specific things in the implied ownership of god whence the appropriations rights s extinguished and it become the property of god for the advantage of this creature. Capacity to make waqf: Every Muslim who is of sound mind and has attained the age of majority, has capacity to constitute a waqf. Notification of changes in enrolled waqfs 51. Misuse of the property of usufructs is a criminal offence as per Wakf Act. Non transferability-When a waqf is created, the property vested in the implied ownership of god.
In the coming years, several more wakfs were created, as the flourished. For the purpose of making waqfs the age of majority is eighteen years on twenty one years it the mains is under supervision of courts of wards. Appointment of Mutawalli The powers of appointment can be exercised only when there is no one appointed under the term of the deed of waqf and when the right of any peons to act as mutawalli is disputed, provided, of course, their is an existing vacancy in the office of the mutawalli of the waqf. Articles 37 to 50 of the Sharjah Waqfs Law regulate the management of Waqfs. The property dedicated to waqf is generally immovable, such as estate. Consent of waqf must be free. Completion of waqf: Under Sunni law: A waqf is completed by mere declaration of endowment by the owner.