Monday, May 27, 2024

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๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

MODEL ANSWERMUSLIM LAW

POWERS OF MUTAWALLI

Discuss the powers and functions of Mutawalli under Muslim law.

Mutawalli is a person who has been appointed to manage the property of a waqf. He is basically a manager of the property of a waqf and the main function of mutawalli is to ascertain that the beneficiaries are getting the advantages of the waqf property and the property is used for the objects of waqf for in accordance with the desire of a waqif.

Under Muslim law, mutawalli is not the owner of the property because ownership of the property vests in the God and he is not a trustee also but as a manager, he has the control over the property and he can do anything for the welfare of the property.
Under Muslim law, he has power to file a suit for protecting the property and for administering the property and he can also employ agents whenever he feels that it is necessary for the welfare of property but he can not alienate or charge the property without the permission of the court or without any reasonable urgent necessity or if he has not been empowered by the waqf deed.

He has power to grant the lease of waqf property but he can not grant it for a period exceeding three years if the property is agricultural property and for a period exceeding one year if the property is a non agricultural property. He can do so only if he has been empowered by the waqf deed or after getting the permission of the court.

According to Muslim law, a mutawalli has no power of incurring debt. If a person gives loan to mutawalli for carrying out the purposes of waqf, he has no remedy against the waqf property.

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