Mutawalli In Muslim Law

Shirsha Jana, Ramaiah College of Law

ABSTRACT

A Mutawalli is an individual tasked with overseeing and managing Waqf properties, which are donations made for societal improvement driven by religious faith. The term Waqf signifies "detention," "stoppage," or "tying up," representing the transfer of ownership to Allah. Historically, the Prophet established Waqfs, highlighting their enduring significance in Islamic culture. Generally, Mutawallis cannot independently sell, trade, or mortgage the property without court approval, unless explicitly permitted by the original waqf deed, to ensure decisions align with the donor's intentions.

The role of a Mutawalli has evolved from being primarily religious and altruistic to encompassing complex administrative and financial responsibilities. Initially, their focus was on charitable and religious objectives, but during colonial times, their role became more bureaucratic, with an emphasis on money management and legal compliance. In the modern era, Mutawallis require professional qualifications to handle investments, properties, and regulatory compliance, balancing philanthropic goals with economic growth.

Different countries have specific legal provisions governing Mutawallis. In India, the Waqf Act of 1995, with oversight by Central and State Waqf Boards, regulates their duties. In Pakistan, the Waqf Properties Ordinance of 1979 places them under the Auqaf Department.

Malaysia's State Islamic Religious Councils (SIRCs) manage Waqf properties. Egypt's Waqf Law No. 80 of 1971 governs them under the Ministry of Awqaf. In Turkey, the Turkish Civil Code, overseen by the General Directorate of Foundations, regulates their duties. Indonesia's Law on Waqf (Law No. 41 of 2004) places them under the Indonesian Waqf Board (BWI).

Several landmark cases have clarified the powers and duties of Mutawallis. In Mohd. Ismail Ariff vs Ahmed Moolla Dawood (1916), it was ruled that Mutawallis cannot sell or mortgage waqf property without court permission unless authorized by the waqf deed. The Sayyed Ali vs A.P. Wakf Board, Hyderabad (1998) case emphasized the administrative responsibilities of Mutawallis and the oversight role of Waqf Boards.