(d) Can someone appoint a female, minor and non-muslim as Mutwalli?
(e) Explain about the provisions of remuneration
(a) Who is Mutawalli ?
He is a manager of the waqf-property.
God vests ownership of the property and it becomes His property. There must be some person or a human agency who could look after the dedicated property on behalf of God. The person who supervises or takes over the management of a waqf. He is the superintendent of the property. It also distributes the benefits of the property according to the directions laid down in the waqf. He has no beneficial interest in the property.
They is merely a servant of God, managing the property for the good of His creatures. Therefore, besides legal duties, He has also the religious and moral obligation to take care of the waqf-property. Any mismanagement or negligence on his part may result in disrespect towards God. His office is similar to that of a trustee, but his powers and functions are different.
(b) Who Can Appoint ?
Any one of the following may appoint him in order of priority.
(i) by the founder of the waqf,
(ii) by the executor of the founder,
(iii) by him on his death-bed,
(iv) by the court, and
(v) by congregation.
Who can appoint?
Any person who is, (a) of sound mind and, (b) has attained the age of majority, is qualified to be appointed as a mutawalli. Under Muslim law, the general rule is that soundness of mind and majority are the only qualifications for being a competent mutawalli. Any person, whether male or female, Muslim or non-Muslim, may be appointed as a mutawalli.
Can a Minor be Appointed ?
Generally, a person cannot appoint a minor as a mutawalli. However, if the office of mutawalli is hereditary and, after the death of the last mutawalli, a minor becomes entitled to succeed to the office, the minor may hold the office.
The office becomes hereditary in the following two cases:
(a) Where the founder has prescribed the line of succession in the waqf deed; and
(b) Where a local custom permits succession to the office.
(d) Can we appoint Females and Non-Muslims?
Females and the non-Muslims are legally qualified to be appointed as a mutawalli. He is primarily concerned with the superintendence or management of the waqf-property. Supervision and management is a non-religious activity. Therefore, a female or a non-Muslim is not disqualified for discharging the functions of mutawalli. But, where the mutawalli is required to discharge also some religious functions, a female or a non-Muslim cannot act as mutawalli. Accordingly, in the following cases, a female and a non-Muslim cannot be appointed as :-
(i) Where the mutawalli is to act as Sajjadnashin or a spiritual head.
(ii) Where the mutawalli is to act as imam, i.e. where he is required to lead the assembly of people for religious prayers.
(iii) Where the mutawalli is to act as a Mulla. A land assigned to a Mulla as remuneration of his office, cannot be succeeded by any female successor.
(iv) Where the mutawalli is required to give religious preaching i.e. where he has to act as Khatib.
(v) Where the mutawalli is required to act as mujavar of a Durgah.
(e) Remuneration of
He is entitled to get some remuneration in return of the services discharged by him. Generally, the founder himself provides for the remuneration of mutawalli. The founder may provide a fixed amount to be paid periodically to the mutawalli. He may also provide that instead of any fixed sum, he would get the residue of the benefits of the waqf-property. After distribution of the income of waqf-property and after meeting the necessary expenditure in its maintenance etc. the remaining income is given to the mutawalli as his remuneration.
In case, the founder has not made any provision for remuneration, the mutawalli may work without any remuneration. But, if he wants to get some allowances, he may make an application to the court to fix some remuneration for him. The court may fix any amount taking into account the work-load of the mutawalli and the income of the property. But, the remuneration fixed by the court cannot exceed one-tenth of the income of waqf-property. In All India Imam Organization vs. Union of India AIR 1993, the Supreme Court held that the Imam who looks after the religious activities and offers prayers is entitled to reasonable emoluments even in the absence of statutory provisions.
