Mutawali (manager of waqf property)

1. 6. Removal of Mutawali

1.1. Can Be Removed by Court for Mismanagement or Breach of Trust

1.2. Can Be Removed by Work Board (India) or Vakif (Specific Conditions)

1.3. Can Seek an Increase in Salary if Remuneration is Low

2. Legal Cases and Examples

2.1. Legal Precedents and Examples from Indian Courts and Islamic Scholars

3. 1. Role and responsibilities

3.1. Manager of Waqf Property

3.2. Must Uphold Wakif's Intentions

3.3. Cannot Own Waqf Property

3.4. Can Earn a Salary for Management

3.5. No Authority Over Ownership, Only Management

4. 2. Responsibilities and Qualifications

4.1. Ensure waqf properties benefits are distributed as per Wakif's Intentions

4.2. Court Permission Needed to Sell, Mortgage, or Lease (unless permitted in Vakinama)

4.3. Must Be a Muslim Adult of Sound Mind

4.4. Capable of Managing Waqf Functions

4.5. Charitable Waqf: Both Males and Females can be Mutawali

4.6. Religious Waqf: Only Males Allowed

5. 3. Appointment process and validity

5.1. Wakif has full power to appoint mutawali

5.2. Opinions of Islamic Scholars on Appointment:

5.2.1. Imam Abu Hanifa and Imam Muhammad: Waqf Fails without Mutawali

5.2.2. Imam Abu Yusuf: Waqf Remains Valid, Wakif is First Mutawali

5.2.3. Shia Law: Waqf Valid, Managed by Beneficiaries without Mutawali

5.3. Appointment Hierarchy:

5.3.1. Waqf → Executor → Dying Mutawali → Court (Specific Conditions)

6. 4. Powers and Responsibilities of Mutawali

6.1. Manages Waqf Property in Best Interest of Its Purpose

6.2. Can Take Reasonable Actions to Benefit Beneficiaries

6.3. Needs Court Permission to Sell or Borrow Against Property (Urgent Situations Allowed)

6.4. Alienation of Property Without Court Permission is Voidable (not void ab initio)

7. 5. Leasing authority of Mutawali

7.1. Agricultural Property: Can Lease for Up to 3 Years Without Court Permission

7.2. Other Purposes: Can Lease for Up to 1 Year Without Court Permission