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Q 11: Enumerate the QUALIFICATIONS and POWERS of a MUTAWALI under the Islamic Law?
A: QUALIFICATIONS OF MUTAWALI: Anyone, of any faith, female or male, who is competent to administer property may become mutawalli. But where religious of another religion or a woman may be disqualified. Nevertheless, a woman may be allowed to hold this office provided her duties could be separated from the religious duties and the latter could be performed by a substitute. But, for example, where the duties of mutawalli include imamat (leading the prayers), a woman is wholly disqualified from this office.
POWERS OF MUTAWALLI: A mutawalli can do everything that is reasonable and necessary for the protection and administration of the waqf. But his powers are subject to
certain important limitations, which are as follows”
1. He cannot sell, mortgage or alienate waqf property, without the permission of the Court or the waqf Board.
2. He cannot transfer his duties, functions and powers to anybody else and make him the trustee, unless authorized by the waqf-deed, or any positive custom.
3. He cannot borrow money for spending it on beneficiaries, but can do so only for necessities, such as repairs, etc.
4. He cannot grant a lease of waqf property for more than a year, in case of non-agricultural land, and for more than three years, in case of agricultural lands unless the court gives sanctions.
5. he cannot spend on mere improvements of waqf properties.