Fazal Sheikh and others, Appellants v. Abdul Rahman Mea and others, Respondents.

...Wakf Act (1954), Section 3(1) - Wakf- Validity- Income of Wakf to be used for welfare work 'permitted by shariat' - Wakf not void for vagueness of object...

DR. B.P. SARAF, J.

What is necessary for a valid wakf is that the purpose of the Wakf must be one recognised by Mahomedan law as 'religious, pious and charitable'. A person who dedicates his property by way of Wakf, may, instead of enumerating the objects for which the income of Wakf may be used, provide that it may be used for any welfare works permitted by the Shariat, that is, the Mohamedan law. Such provision, is absolutely clear and there is not vagueness or uncertainty in it... If the object would have been described as 'welfare works' without the rider 'permitted by Shariat', it could have been contended that 'welfare works' as commonly understood might even include the works which are prohibited by Islam and in that event the object could have been challenged as vague...

...Mutawalli-Person who manages wakf property...

A Mutawalli is like a manager rather than a trustee. So far as the wakf property is concerned, he has to see that the beneficiaries get the advantage of the usufruct. The position of a Mutawalli is more analogous to that of a manager or a receiver. His position is distinguishable from that of a trustee. The wakf property itself never gets transferred to the Mutawalli. He has control over the usufruct alone and has to see that it is used for the objects of the wakf in accordance with the desire of the wakf. A person who manages the wakf property is to be treated as a Mutawalli...

...Mutawalli- Appointment of - Mutawalli can be appointed by a committee.

(Source: AIR 1991 Gauhati 17)