Wakf

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FAMILY LAW

TOPIC – WAKF

SUBMITTED TO
Dr. K.Y. DANYAL

BY
FAHIMUDDIN AHMED KAHN
B.A. L.L.B – 4th SEMESTER

TABLE OF INDEX
Acknowledgement3
Table of Cases4
Books Referred4
Introduction 5-6
* Origin History and Dvelopment6-8
Wakf 9
Meaning and Definaton9-11
Kind of wakf11-13
Essential Requisite of a WAKF13-16
Legal Incident of wakf16-18
Creation of wakf 19-20
Other formalities21-22
Administration of wakf22-24
Current Status of wakf’s in India.24-25
Conclusion 25-26

ACKNOWLEDGMENT

I would like to extend my heartfelt gratitude to my teacher, DR. K.Y. DANYAL, without whose able guidance and support this project would not have been possible. The resources of my college library as well as the internet have been extremely contributory in the completion of my project. I want to express my sincere thanks to my parents and friends for their love, support, co-operation and help during the making of this project.

FAHIMUDDIN AHMED KHAN

TABLE OF CASES
Abdul Satar v. Advocate General, AIR 1933 Bom. 87.
Ali Zamin v. Akbar Ali Khar
Chhedi Lal Misra v. Civil Judge, (2007) 4 SCC 632
Fuaad Musvee v. M. Shuaib Musvee, (2008) 4 CTC 59 (Mad)
H. Idayatulla v. Larabsha Dharga, (2007) 2 MLJ 1034.
Jewun Dass v. Shah Kubeer-Ooddin
Kanti v. Mirza Hossani
Kassimiah Charities v. Secy. Madras State Wakf Board, AIR 1964 Mad 18 Mohd. Mazhar Shaheed v. Distt. Collector, Mahboobnagar, (2005) 2 An LT 234. Mohd. Yusuf v. Mohd. Sadiq, AIR 1933 Lah 501
Syed Ahmed v. Julaiha Bivi, 1947 Mad 480
T.N. Wakf Board v. Larabsha Darga, (2007) 13 SCC 416
Zain Yar Jung v. Director of Endowments, AIR 1963 SC 985
BOOKS REFERRED
Khalid Rashid : Muslim Law (Eastern Book Company, Lucknow) Fifth Edition 2010. Diwan, Paras : Muslim Law (1997, Allahabad)
Fyzee, A.A.A. : Outlines of Mohammadan Law (1974, New Delhi)

INTRODUCTION
One and a half thousand years ago, long before the birth of the doctrine of uses and trusts in English Law, Islamic Law recognized and developed a legal expedient under the name of wakf, which permitted an owner to settle his property for the use of beneficiaries in perpetuity. The doctrine of Wakf which is "interwoven with the entire religious life and social economy of Muslims” has laid down the foundations of one of the most important institutions of the community. In India alone there are more than a 4.9 lakh wakfs valued at more than a  Rs. 1.2 lakh crores (1,200 billion) of rupees. Considering their number and resources, [a] wakf can become a strong instrument not only for the preservation of religious and charitable institutions, but also for [the] educational and economic development of the community. Wakfs constitute a national asset for a very large number of these support schools, colleges, technical institute, libraries, reading-rooms, charitable dispensaries and Musafirkhanas, etc., which benefit the public irrespective of their religion or creed. It is of utmost importance, therefore, that wakfs should be maintained properly and their resources should be utilised for the objects and the purposes of dedications. But unfortunately, many of the existing wakfs have not escaped the process of decadence brought in by the twin impact of neglect and misuse. The subject [of] "Wakf" is relat[ive] to Entry No. 10 "Trust and trustees" and No. 28 "Charities and charitable institutions, charitable and religious endowments and religious institutions" in the concurrent list attached to the 7th Schedule to the Constitution of India. Supervision over the administration of wakfs is, therefore, the responsibility...
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