The following is the text of the Mussalman Wakf Validating Act. 1913:
An Act to declare the rights of Mussalmans to make settlements of property by way of “Wakf” in favour of their families, children and descendants.
Whereas doubts have arisen regarding the validity of wakf created by persons professing the Mussalman faith in favour of themselves, their families, children and descendants, and ultimately, for the benefit of the poor and for other religious, pious or charitable purpose; and whereas it is expedient to remove such doubts; it is hereby enacted as follows : –
1. Short Title and Extent:
ADVERTISEMENTS:
(1) This Act may be called the Mussalman Wakf Validating Act, 1913.
(2) It extends to the whole of India, except Part В States.
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2. Definitions:
In this Act, unless there is anything repugnant – in the subject or context, —
ADVERTISEMENTS:
(1) “Wakf” means the permanent dedication by a person professing the Mussalman faith, of any property, for any purpose recognised by the Mussalman law as religious, pious or charitable.
(2) “Hanafi Mussalman” means a follower of the Mussalman faith who conforms to the tenets and doctrine of the Hanafi School of Mussalman law.
3. Power of Mussalmans to Create Certain Wakfs:
It shall be lawful for any person professing the Mussalman faith to create a wakf which in all other respects is in accordance with the provisions of Mussalman law, for the following among other purposes:—
(a) For the maintenance and support wholly or partially of his family, children, or descendants, and
ADVERTISEMENTS:
(b) Where the person creating the wakf is a Hanafi Mussalman, also for his own maintenance and support during his life-time, or of the payment of his debts out of the rents and profits of the property dedicated:
Provided that, the ultimate benefit is, in such cases, expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman law as a religious, pious or charitable purpose of a permanent character.
4. Wakfs Not to be Invalid by Reason of Remoteness of Benefit to Poor, Etc:
No such wakf shall be deemed to be invalid, merely because the benefit reserved for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf.
5. Saving of Local and Sectarian Customs:
Nothing in this Act shall affect any custom or usage, whether local or prevalent among Mussalmans of any particular class or sect.
The Mussalman Wakf Validating Act, 1913, which came into effect from 17th March, 1913, was not retrospective, i.e., it did not apply to wakfs created before the date. The Mussalman Wakf Act, 1930 gave a retrospective effect to the Wakf Act, 1913. Now, the Wakf Validating Act, 1913 applies to all wakfs, whether created before or after 17th March, 1913.
It may be noted that the Act leaves the law as to the validity of a wakf in favour of the settlor’s descendants, including unborn persons, without any trust for other religious or charitable purposes, in the same state in which it was before the passing of the Act. Such a wakf was invalid before the Act, and would also be invalid under the Act.