Musalman wakf validating act 1930
, a student of Vivekananda Institute Of Professional Studies, affiliated to Guru Gobind Singh Indraprastha University, Delhi.In this article, she has emphasised upon the concept of Waqf under Muslim Law.However, such a waqf would only be constituted under a public waqf ie. Therefore, a waqf constituted by an insane or minor person is void.In case a waqif is a pardanashin lady, it is the duty of the beneficiaries and the mutawalli to prove that the women had exercised her mind independently for constituting the waqf after fully understanding the nature of the transaction.Where a settlor has specified any lawful object which has already been completed or the object cannot be executed further, the trust is not allowed to fail.In such cases, the doctrine of cypress is applied and the income of the property is utilised for such objects which are as nearly as possible to the object already given.Such a beneficiary has also the right to claim his share of income and can sue for such an amount.The right of waqif is absolutely extinguished and passes in favour of the Almighty, and a mutawalli is appointed to administer the waqf.
- Any reference in any Act specified in the Schedule to a law which is not in force in Madhya Bharat shall be construed as a reference to the corresponding law, if any, in force in Madhya Bharat. Construction of reference to authorities where new authorities have been constituted. - It immediately before the commencement of this Act, there is in force in any part of Madhya Bharat any law corresponding to any of the Acts specified in the Schedule, that law shall, save as otherwise expressly provided in this Act, stand repealed : Provided that the repeal shall not affect- (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed : Provided further that, subject to the preceding proviso, anything done or any action taken (including any Authority constituted or any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, bye law or scheme framed, certificate obtained, permit or licence granted) under any such law shall be deemed to have been done or taken under the corresponding provision of the Act as now adopted in Madhya Bharat, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act. The Hindu Widow Re-marriage Act, 1856 (XV of 1856); 2.
The concept of Waqf has been developed under Islamic Law.
There was no concept of waqfs in Arabia before the advent of Islam.
The beneficiaries have only the interest in the trust to the extent mentioned in the trust.
Wakf is the creation of property for religious or charitable purposes which is established permanently.