Who is a Mutawalli?

In Muslim law, the word ‘Mutawalli’ has been defined as the person who takes care of all the property-related work and in other ways, we can say that this is the legal person who has the right to control and manage the Property of the wakf Board.

The wakf Act 1954, defines the term ‘Wakf’ as the person or any group who has the permanent Dedication towards Islam and it contributes some part of any movable or immovable property for the purpose of religious and pious work.

We all know that the Muslim Law is divided into two parts one is the Shia and the other is the Sunni. So in Shia law, the appointment of the Mutawalli is very compulsory whereas, in Sunni law, the appointment of the Mutawalli is not compulsory.

Under the definition of the Wakf, we can say that a Mutawalli is a person who manages the work of the wakf, in Muslim law, the Mutawalli doesn’t have any Right in the property of the wakf. It means the property is not vested in the Mutawalli. In a basic way, we can understand that the property does not belong to that person but instead of it he only manages the property. And we should not be in a state of confusion that Mutawalli is a trustee of the property. He is just a manager of that property.

Any person, who is a sound mind and is capable of doing the work of managing, and should attain the age of majority. Here we should note that a minor can also be a Mutawalli but only in the case of the patent Right or the Succession right. In Muslim law, a Muslim woman can also be a Muttawli but if in case of ritual performance where it is important to be a man for that ritual then in that place no woman has the right to be as a Muttawalli.

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