GETTING THE BASICS RIGHT...

In Islamic custom a waqf is a kind of trust, where the Almighty is made the owner of the property and the benefits of it are used for some charitable or pious purpose. The muttawali, as custodian, ensures proper maintenance of the property and that it is being used for the purpose for which it was made.

Waqfs are of two kinds – public waqfs and waqf al ul aulad, where the waqf is made in the name of one’s descendents, but the residue after the needs of the family are met or the after the line of successors has failed, is used for charity. Where there is no muttawali and the waqfnama or deed does not mention who will be muttawali, the board appoints one.

In India all waqfs are administered under the Waqf Act, 1995. Under a Central Waqf Council, waqf boards are set up in all states to maintain and monitor waqfs.

There is another kind of waqf - ‘waqf by user’ - . mosques, dargahs or grayeyards which are waqfs because they are used for religious purposes.

The income from the waqf goes to the muttawali, who uses it for the purpose that the waqf was created. Six per cent of the income is given to the board for its expenditure and one per cent goes to the Central Waqf Council.

The board does an audit of the incomes from the waqfs and ensures that waqfs are being maintained and used by muttawalis for the purpose they were created. If there are complaints of misuse, or illegal sales, disappearance of properties or encroachments, then the board looks into them. All waqfs have to be registered under the appropriate state waqf boards.