Mutawalli In Muslim Law

Author: LawSphereX

Category: Family & Personal Law

Published: 2026-08-23T20:38:17.409727+00:00

Updated: 2026-08-26T17:10:24.543+00:00

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. The Aga Khan Case

(1898) stressed the importance of adhering to the waqf deed and maintaining proper records and transparency. Overall, the role of a Mutawalli is to preserve, manage, and ensure the waqf property fulfills the donor's original purpose, adapting to changing legal and economic environments. Mutawalli Mutawalli in context of Muslim Law A Mutawalli, in general terms, is the individual responsible for overseeing and managing Waqf

properties1. According to Islamic tradition, a property donation made with the intention of improving society, driven by religious faith and set towards the fulfilment of the purpose of (Mansha-e-Wakf) Waqf2. Waqf signifies as "detention," "stoppage," or "tying up," and it denotes the process by which the donor's ownership of the land is released and given to Allah. The Prophet constructed Waqfs, which are described in historical writings, emphasizing the concept's perpetual importance in Islamic culture. The Mussalman Wakf Act of 1923 defines a mutawalli as "any person appointed as the mutawalli of Wakf, either verbally or in accordance with any deed or instrument by which a Wakf has been created, or by a Court of competent jurisdiction.

" Mutawalli is defined by the Wakf Act of 1954 as "any person appointed either verbally or under any deed or instrument by which a Wakf has been created or by a competent authority to be the "Mutawalli" of a Wakf by virtue of any custom or who is a naib mutawalli, khadim, mujawar, sajjadanashin, amin, or other person appointed by a mutawalli to perform the duties of a mutawalli, save as otherwise provided in this Act. [any individual, group, or company leading or overseeing any Wakf or Wakf property temporarily. An individual appointed as a Mutawalli, is in charge of overseeing a waqf property, the person typically lacks the power to independently sell, trade, or mortgage the property. To do the above, they must first get the court's approval in advance.

This legal requirement makes sure that all major decisions pertaining to the waqf property are made under legal review in order to preserve the intended use of the land. On the other hand, the Mutawalli do not require permission from the court to sell, swap, or mortgage the property if the original waqf deed— 1 Legal Service India, https://www. legalserviceindia. com/legal/article-14230-mutawalli-under-muslim-law. html (last visited, 7th July 2024)

2 Ipleaders, https://blog.ipleaders.in/concept-waqf-muslim-law/ (last visited, 7th July 2024)

the document that established the waqf—specifies this ability. The waqf deed's clause gives the Mutawalli clear permission to administer the land in those particular manner. Evolution of Role of Mutawalli Through the years, the manager of waqf lands, known as the Mutawalli, has had to adjust to changes in social, legal, and economic environments3. The Mutawalli's function was originally mainly religious and altruistic, but it has since grown to encompass intricate administrative and financial duties. Historical Basic During the early Islamic era (7th to 10th centuries), the Mutawalli was principally in charge of making sure waqf estates served their charitable and religious objectives. The Prophet Muhammad and the first four caliphs (Abu Bakr, Umar, Uthman, and Ali) laid the foundational principles of waqf.

Later the early Islamic jurists, such as Imam Abu Hanifa, Imam Malik, Imam Shafi'i, and Imam Ahmad ibn Hanbal, developed detailed jurisprudence regarding waqf and the role of the Mutawalli. Their interpretations of Islamic law (Sharia) helped codify the responsibilities and limitations of the Mutawalli, ensuring that waqf properties were managed in accordance with religious principles. These responsibilities included taking care of the impoverished, supporting educational institutions, and maintaining mosques. The position was frequently inherited, passed down through families, and managed with little supervision from outside sources. It was believed that the Mutawalli would oversee the waqf in accordance with the founder's intentions, placing a high value on moral rectitude and volunteer work.

Changes Before, After and During Colonialism Fatawa-e-Alamgiri lays down the principles in respect of the appointment of the mutawalli and it was written by Aurungzeb in the 18th century also, The Radd-ul-Mukhtar, cited by Ameer Ali, asserts that "the mutawalli's knowledge and puberty are necessary qualifications to a valid appointment; goes on to say, (that) freedom and Islam are not requisite. "

3 Dr. Muawar Hussain, Mutawali: The Manager Of Waqf, Research gate (July 7,2024, 10:23 PM)

https://www.researchgate.net/publication/347973009_Mutawalli_The_Manager_of_Waqf

Many Muslim-majority territories were brought under the control of European powers during the colonial period (19th to mid-20th century), which brought new administrative and legal frameworks. The administration of waqf properties underwent substantial modifications during this time. In order to regulate and tax waqf assets, colonial governments frequently enforced rules and monitoring procedures, which prompted the creation of official waqf boards and councils. The Mutawalli's job grew increasingly bureaucratic, emphasizing money management and legal compliance. These boards were responsible for appointing Mutawallis, ensuring compliance with both Islamic law and national regulations, and addressing issues of mismanagement and corruption.

Modern Advancements The role of the Mutawalli has grown even more in the modern era (late 20th century to the present) in order to satisfy the needs of current society. These days, a variety of skills are demanded of Mutawallis, such as administrative competency, legal expertise, and financially educated. Mutawallis needs to be professionally qualified due to the growing complexity of investment plans, property management, and regulatory compliance. Enhanced accountability measures have been introduced. Mutawallis are now often required to submit regular reports, maintain detailed records, and adhere to strict oversight by waqf boards and government agencies. This is a related case wherein, Sayyed Ali vs. A. P. Wakf Board, Hyderabad (1998)4 This case emphasized the administrative responsibilities of the Mutawalli and the oversight role of the Waqf Board.

The Supreme Court of India highlighted the necessity for regular financial and management reporting. Legal Provisions Related to Mutawalli in Different Countries India The Waqf Act of 1995, updated in 2013, governs the role of the Mutawalli in India. The Central and State Waqf Boards, which are established by this Act, are in charge of selecting Mutawallis and making ensuring that waqf properties are run in accordance with Islamic law. It is mandatory for the Mutawalli to register the waqf with the appropriate Waqf Board and provide

4 Sayyed Ali vs A.P. Wakf Board, Hyderabad AIR 1998 SUPREME COURT 972

periodic reports regarding the property management of the waqf. The Act gives the Waqf Boards the power to remove a Mutawalli for improper behaviour or neglect of their responsibilities. Pakistan The Waqf Properties Ordinance of 1979 governs waqf properties in Pakistan. The management of waqf properties is overseen by the Auqaf Department (responsible for the maintenance and management of the mosques and shrines), which is under the jurisdiction of the province governments, in accordance with this regulation. Although the Mutawalli is in charge of overseeing these assets, the Auqaf Department must provide approval for important transactions like sales or mortgages. The regulation also specifies how a Mutawalli may be removed if they misbehave or neglect their responsibilities5.

Malaysia Due to Islamic subjects are under state authority, Malaysian waqf properties are administered by the Administration of Islamic Law Enactments in each state6. Waqf properties are managed by the State Islamic Religious Councils (SIRCs). The SIRCs nominate mutawallis, who are bound by the rules and regulations established by the council. The SIRCs are usually consulted before making any major decisions pertaining to waqf properties. Egypt Waqf Law No. 80 of 1971 governs the management of waqf properties in Egypt. These properties are managed under the supervision of the Ministry of Awqaf (religious affairs), which makes sure that the rules and Islamic principles established by the Ministry are followed. These rules must be followed by the Mutawalli when managing the waqf property7. The 5 Islamic Markets, https://islamicmarkets.

com/education/waqfs-in-pakistan-bangladesh (last visited, 7th July 2024)

6 Dahlan, Nur Khalidah & Yaa’kub, Noor & Abdul Hamid, Mohamad & Palil, Mohd. (2014). Waqf

(Endowment) Practice in Malaysia Society. International Journal of Islamic Thought. (July 7,2024, 10:30 PM) https://www.researchgate.net/publication/330927390_Waqf_Endowment_Practice_in_Malaysia_Society/citati on/download 7 Atçıl, Abdurrahman & Markiewicz, Christopher. (2024). Shariʿa and Governance in Ottoman Egypt: The Waqf Controversy in the Mid-Sixteenth Century. International Journal of Middle East Studies. (July 7,2024, 10:30

PM)

Ministry holds the authority to remove a Mutawalli for mismanagement or failure to comply with legal requirements. Turkey In Turkey, the General Directorate of Foundations (Vakiflar Genel Mudurlugu) oversees the Mutawalli's duties, which are regulated by the Turkish Civil Code. The Directorate is responsible for supervising the selection and actions of Mutawallis, guaranteeing that their management of waqf holdings aligns with the goals specified in the waqf deed and the guidelines established by the Directorate. If required8, the Directorate also has the power to remove the Mutawalli if necessary. Indonesia The Law on Waqf (Law No. 41 of 2004) governs waqf properties in Indonesia. The appointment of Mutawallis and the regulation of waqf properties are within the purview of the Indonesian Waqf Board (BWI)9.

It is mandatory for mutawallis to register the waqf and provide the BWI with periodic reports. The BWI must approve major transactions involving waqf assets and has the power to dismiss a Mutawalli for improper administration. Understanding the powers and duties of mutawalli through case judgements. The powers and duties of a Mutawalli, the manager of waqf properties, are primarily guided by Islamic law, waqf deeds, and national legislation. Several landmark cases have elucidated these responsibilities and the limits of the Mutawalli's authority. In the case of Mohd. Ismail Ariff vs Ahmed Moolla Dawood (1916)10, the issue was whether a Mutawalli could sell waqf property without the express permission of the court. The court ruled that a Mutawalli cannot sell, mortgage, or transfer waqf property unless expressly authorized by the waqf deed or with prior court permission.

This case emphasized that the https://www. researchgate. net/publication/378991738_Sharia_and_Governance_in_Ottoman_Egypt_The_Waq f_Controversy_in_the_Mid-Sixteenth_Century/citation/download 8 Islamic Markets, https://islamicmarkets. com/education/survival-restoration-of-waqfs-in-turkey (last visited, 7th July 2024)

9 Knepublishing, https://knepublishing.com/index.php/KnE-

Social/article/view/4246/8722#:~:text=Basically%2C%20waqf%20laws%20and%20regulations,to%20develop %20representation%20in%20Indonesia. (last visited, 7th July 2024)

10 Mohd. Ismail Ariff vs Ahmed Moolla Dawood (1916) 18 BOM LR611

Mutawalli’s primary duty is to preserve and manage the waqf property according to the founder's intentions, with any significant alteration or disposal of the property strictly regulated to prevent misuse. This underscores the fiduciary nature of the Mutawalli’s role, reinforcing the idea that their primary duty is to act in the best interest of the waqf and its beneficiaries, rather than making unilateral decisions regarding the property. The Sayyed Ali vs A. P. Wakf Board, Hyderabad (1998)11 case dealt with the administrative responsibilities of a Mutawalli and the oversight role of the Waqf Board. The Supreme Court of India held that the Mutawalli must adhere to the administrative guidelines set by the Waqf Board, including the submission of regular financial and management reports.

The court highlighted that the Waqf Board has the authority to oversee the functioning of Mutawallis to ensure compliance with Islamic principles and national laws. This ruling clarified that while Mutawallis have a degree of autonomy in managing waqf properties, they are still subject to oversight by the Waqf Board, ensuring accountability and transparency in the management of waqf assets. The historical Aga Khan Case (1898)12 involved the management and control of waqf properties by the Mutawalli. The court emphasized that the Mutawalli must strictly follow the stipulations laid down in the waqf deed, and any deviation from these stipulations, unless permitted by a competent authority, is not allowed. The court also stressed the importance of maintaining proper records and transparency in the administration of waqf properties.

This case reinforces the importance of adherence to the waqf deed and the necessity for Mutawallis to maintain transparency and proper documentation in their management practices. In the case of Gora Devi & Ors. vs. Rajasthan Board of Muslim Wakf13, the High Court of Rajasthan determined that the purpose for which a Wakf is created is a crucial element for its validity. The purpose must be recognized in Islam as religious and charitable. The court emphasized that determining whether a property is a Wakf property is a factual matter, which can be established through long-term usage for Wakf purposes. If the evidence presented by the plaintiff sufficiently proves the property's dedication to Wakf, and there is no counterevidence from the defendant, the property will be considered a Wakf property.

11 Sayyed Ali vs A.P. Wakf Board, Hyderabad AIR 1998 SUPREME COURT 972

12 Haji Bibi vs H.H. Sir Sultan Mahomed Shah, The Aga Khan 1 September, 1908 2IND. CAS.874

13 AIR, 2009 (NOC) 1393, Raj.

Conclusion

A Mutawalli is an individual responsible for managing and overseeing a Wakf, which is a

religious endowment in Islamic law. The role and appointment of a Mutawalli differ between Shia and Sunni law14. In Shia law, the appointment of a Mutawalli is mandatory, ensuring that someone is always responsible for the management of Wakf properties. However, in Sunni law, there is no such compulsion, and the appointment of a Mutawalli is not strictly required. Importantly, a Mutawalli does not have ownership rights over the Wakf property; the property is not vested in him. This contrasts with the role of a trustee in other legal systems, where trustees may have certain rights and powers over the property they manage. Under Muslim law, the Mutawalli is essentially a manager or supervisor, ensuring that the Wakf property is used and maintained according to the donor's intentions, rather than having any personal stake or ownership in the property.

14 https://lawnotes.co/mutawalli/