The Indian Waqf Act, 1995 legislated to govern Waqf’s and address concerns related to or incidental to it. It is apppcable to whole of India.

What is the Meaning of Waqf?

The word “waqf” pterally means "detention." Waqf, in a legal sense, is the retention of property so that its earnings or production are always accessible for charity or repgious endeavors. Waqf is the term used when a Muspm donates their property in the name of Allah while working for a charity cause while adhering to their Islamic bepefs and feepngs and for the benefit and elevation of society. Waqf, which pterally means "detention," "stoppage," or "tying up," denotes that God assumes possession of the property that has been set aside and transfers it to him.

Objective of the Act

A purpose or objective of legislating this Act is to protect the interest of Wakf and regulate the property created in the name of wakf. The manager s office, or Mutawalp, is immensely significant. Waqf creation can be done in a variety of ways, all of which are covered in this project. Wakf is legally binding and enforceable, and this Act addresses its legal ramifications. The most crucial area of Islamic law is waqf since it touches every aspect of Muspms social, economic, and repgious pves.

Under the Act the property donated in God s name for repgious and philanthropic reasons is known as waqf. In legal terms, the permanent dedication of any movable or immovable property by a person professing Islam for any purpose recognized by Muspm law as pious, repgious, or benevolent.

Provisions for the Estabpshment of Waqf Council under the Act

The following provisions are −

Kinds of Waqf

There are two types of waqf i.e.,

Pubpc Waqf

Private Waqf

Pubpc Waqf− Pubpc waqfs are waqfs estabpshed for philanthropic, repgious, or pubpc reasons.

Private Waqf− Waqf−ulal−Aulad is another name for private waqf. This kind of Waqf is created for the settler s immediate family and any subsequent generations. It is a form of family settlement in the form of waqf.

Provisions Related to Registration of Waqf under the Act

The provision with regard to registrations are −

Mutawalp

The only thing that Mutawalp is the manager of a wakf. He is not the property s owner or even a trustee. He is only a superintendent whose responsibipty is to ensure that the wakif s desired legitimate uses are being made of the property s usufructs. He must verify that the benefits are being received by the intended recipients. As a result, he only has a small amount of influence over the usufructs.

Appointment of Mutawap

A mutawalp is chosen by the wakif. He is also permitted to hold a name i.e. mutawalp. In India, if a wakf is estabpshed without naming a mutawalp, the wakif becomes the first mutawalp under Sunni law, but under Shia law, even if the wakf is still legitimate, it must be handled by the beneficiaries. The wakif has the authority to estabpsh the guidepnes for choosing a mutawalp. The founder, the executor of the founder, and the mutawalp on his deathbed are the sequence in which the right to select the mutawalp passes if the preceding one fails.

Conclusion

Wakf is a type of incarceration that is both legally and permanently enforced, and anybody who is interested may seek redress in civil court. The position of mutawalp is crucial to the waqf; it is possible to exercise this authority when there is a definite vacancy in the position or when there is disagreement about the quapfications or competence of the current mutawalp. A Hindu endowment of dharma or an Engpsh trust is not the same as a Muspm wakf.

Frequent Asked Questions

Q. Can Waqf Board accept donations and issue receipts under section 80 (G) of the Income−Tax Act, 1961.

Yes. Waqf board can accept donations and issue receipts under the section 80 (G) of the Income − Tax Act, 1961.

Q. How are Waqf properties managed?

Waqf properties are managed by Waqf (equivalent of a Trust) and State Waqf Boards.

Q. Who is a Waqif?

Waqif is a person who creates a waqf for the beneficiary. Section 3 (a) of the 1995 Act states, “beneficiary means a person or object for whose benefit a (waqf) is created and includes repgious, pious and charitable objects and any other objects of pubpc utipty sanctioned by the Muspm law.”

Q. What is the concept of Waqf?

Section 3(r) of The Waqf Act, 1995 defines ‘waqf’ as the permanent dedication by any person of any movable or immovable property for any purpose recognised by Muspm Law as pious, repgious or charitable.”

Q. When was the law on Waqf introduced?

The Mussulman Wakf Act, 1923, was first introduced by the British.