1. The Act validates a wakf in favour of the settlor’s family, children or descendants, with the ultimate benefit reserved for the poor or for a purpose recognised by the Muhammadam law as religious, pious or charitable. A wakf tike the one in Abdul data’s case (above) would be valid under the Act.
As the Preamble to the Act shows, the Act was passed for the very purpose of removing the doubts regarding the validity of wakfs created by Muslims in favour of themselves, their families, children and descendantrs, and ultimately, for the benefit of the poor or for other religious, pious or charitable purposes.
2. It removes the doubt, in the case of Hanafi Muslims, as to the validity of a provision in favour of the settlor’s own maintenance and support during his life-time out of the rents and profits of the property dedicated.
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ADVERTISEMENTS:
3. It validates, in the case of a Hanafi Muslim, a provision for the payment of the debts of the settlor out of the rents and profits of the property dedicated.
4. In defining wakf as the permanent dedication of “any property”, it settles the conflict between the various Courts as to the validity of wakfs of certain movable properties.
5. The question whether or not any purpose is “religious, pious or charitable”, and is of a permanent character, has to be determined in accordance with Muhammadan law, and not by English (or any other) law.
Statutory Provision for Control and Supervision of Wakfs:
ADVERTISEMENTS:
The Wakfs Act, 1954, as amended by the Wakf (Amendment) Act, 1964, provides for control and supervision of wakfs. Its main provisions are the following:
(1) It is made applicable to all States, except Bihar, Delhi, Gujarat, Maharashtra, U.P. and West Bengal.
(2) It provides for the incorporation of a Board of Wakfs in every State. If there are more than 15 per cent of Shia wakfs in number or in the proportion of income, a separate Shia Board of Wakfs also can be created.
(3) The Amendment of 1964 also provides for the establishment of the Central Wakf Council.
ADVERTISEMENTS:
(4) The Act also provides for:—
(i) (a) Investigation, (b) survery, and (c) registration of wakfs, and
(ii) Submission and audit of accounts, etc.