Table Of ContentMuslim Endowments,
Waqf Law and Judicial Response
in India
This book deals with Law of Waqf (Muslim Endowment Law) and its
judicial response in India.
The volume covers several jurisprudential and historical aspects of Waqf,
which include Doctrines of Waqf; Essential Requisites of Waqf; Valid
Objects of Waqf; Historical Account of Waqf; Emergence of Waqf Law in
India; and Constitutional Validity of Waqf in India. The chapters then go
on to discuss the Waqf Act 1995 and Waqf Amendment Act 2013. The legal
perspectives of each Section of Waqf Act and its amendments are elucidated
with references under Reflections. The case-law has been analysed and cited
under each Section of Waqf Act, wherever applicable.
This book will be of interest to scholars and researchers of law and
legal studies. It will be of interest to practitioners of Waqf Jurisprudence
in India, the managers of Waqf Institutions and officials involved in Waqf
Administration.
P.S. Munawar Hussain works as Joint Registrar at Maulana Azad National
Urdu University, India. He served as Joint Director at Civil Services
Residential Coaching Academy, which was funded by the Government of
India through University Grants Commission. He has been placed in various
committees of the University, as Member/Convener/Secretary. He served
as Law Officer of Andhra Pradesh State Waqf Board, Hyderabad. He was
awarded his Ph.D. (Doctorate in Law) by Osmania University, Hyderabad,
India. His research articles have been published in reputed journals. He sits
on the editorial boards of several research journals and has been invited to
deliver lectures at various institutions.
Muslim Endowments,
Waqf Law and Judicial Response
in India
P.S. Munawar Hussain
First published 2021
by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 P.S. Munawar Hussain
The right of P.S. Munawar Hussain to be identified as author of this work has
been asserted by him in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
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without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record has been requested for this book
ISBN: 978-1-138-56346-9 (hbk)
ISBN: 978-1-003-14269-0 (ebk)
Typeset in Sabon
by Deanta Global Publishing Services Chennai India
Dedicated to my parents
Rasheed P. Rasool
Zehrabi
Contents
Foreword by Justice L. Narasimha Reddy xii
Foreword by Dr. Ausaf Sayeed xiv
Preface xvii
Section-Wise Comparative Table – I xix
Section-Wise Comparative Table – II xx
Introduction 1
1. Doctrines of waqf 2
1.1. Requisites of a waqf 5
1.2. Valid objects of waqf 7
1.3. Difference between waqf and trust 9
1.4. Difference between waqf and gift (hiba) 10
1.5. Difference between waqf and alms (sadaqa) 10
1.6. Classification of waqf 10
1.7. Waqif 12
1.8. Mutawalli – the curator of waqf 14
2. Historical account of waqf 20
3. Waqf in India 21
4. Emergence of Waqf Law in India 23
4.1. Mussalman Wakf Validating Act 29
4.2. The Mussalman Wakf Act, 1923 29
4.3. Mussalman Wakf Validating Act of 1930 29
4.4. The Provincial and Local Laws 30
4.5. Wakf Act 1954 (XXIX) of 1954 30
4.6. Amendment to Wakf Act 1954 31
4.7. Wakf Amendment Act 1956 31
4.8. Public Wakfs Extension of Limitation Act 1959 32
4.9. Wakf Amendment Act 1964 32
4.10. The Wakf Amendment Act 33
4.11. Wakf Amendment Act 1984 33
viii C ontents
4.12. E xclusive enactments for Waqf institutions 34
4.13. D argah Khwaja Saheb Act 1955 35
4.14. C entral Waqf Council 37
4.15. W aqf Inquiry Committee Recommendations 37
4.16. W aqf Act 1995 38
4.17. W aqf Amendment Act 2013 39
5. C onstitutional validity of Waqf Law in India 41
6. R ecent developments 42
I PRELIMINARY 46
Section 1 47
Section 2 51
Section 3 51
II SURVEY OF AUQAF 72
Section 4 72
Section 5 77
Section 6 80
Section 7 86
Section 8 89
III CENTRAL WAQF COUNCIL 91
Section 9 92
Section 10 94
Section 11 95
Section 12 96
IV ESTABLISHMENT OF BOARDS AND THEIR FUNCTIONS 98
Section 13 98
Section 14 103
Section 15 108
Section 16 109
Section 17 110
Section 18 111
Section 19 113
Section 20 114
Section 20A 115
Section 21 117
Section 22 118
Section 23 118
Contents ix
Section 24 119
Section 25 120
Section 26 122
Section 27 123
Section 28 125
Section 29 126
Section 30 127
Section 31 128
Section 32 129
Section 33 136
Section 34 138
Section 35 139
V REGISTRATION OF AUQAF 141
Section 36 142
Section 37 145
Section 38 146
Section 39 148
Section 40 150
Section 41 154
Section 42 154
Section 43 155
VI MAINTENANCE OF ACCOUNTS OF AUQAF 157
Section 44 157
Section 45 159
Section 46 160
Section 47 161
Section 48 163
Section 49 164
Section 50 165
Section 51 168
Section 52 181
Section 52A 185
Section 53 186
Section 54 187
Section 55 192
Section 55A 193
Section 56 194
Section 57 197
Section 58 198
