Q2. Examine the role of a Mutawalli. Discuss who can be appointed as a Mutawalli, their powers, duties, and the procedure for their removal under the Waqf Act, 1995.
- The Legal Position of a Mutawalli
A Mutawalli is the manager or superintendent of the Waqf property.
- Crucial Distinction: A Mutawalli is not a trustee in the English legal sense. A trustee holds legal ownership of the trust property; a Mutawalli holds no ownership. The property vests entirely in God. The Mutawalli is merely a caretaker.
- Who can be a Mutawalli?
Any person who is of sound mind, a major, and capable of performing the duties can be appointed.
- A non-Muslim or a female can legally be appointed as a Mutawalli.
- Exception: If the Waqf involves performing religious duties (like an Imam leading prayers in a mosque or a Khatib), a non-Muslim or a female cannot hold that specific office.
- Powers and Duties of the Mutawalli
- Management: To protect, manage, and administer the Waqf property in accordance with the Waqif’s directions and the Waqf Act.
- Leasing: They can lease agricultural land for up to 3 years and non-agricultural land for up to 1 year. Any lease beyond this requires the prior sanction of the State Waqf Board.
- Restriction on Alienation: A Mutawalli has no absolute power to sell, mortgage, or exchange Waqf property. Any such alienation without the prior approval of the Waqf Board is completely void.
- Removal of a Mutawalli
Under Section 64 of the Waqf Act, 1995, the State Waqf Board has sweeping powers to remove a Mutawalli on several grounds, including:
- Misappropriation or fraudulent dealing with Waqf funds.
- Unexplained failure to submit annual accounts to the Board.
- Physical or mental unfitness.
- Conviction of an offense involving moral turpitude.
- Due Process: The Board must issue a show-cause notice and hold an inquiry before removal.