Abstract
This research article delves into the administration of Wakfs during the British rule in India, tracing the historical evolution of Wakf institutions from their origins in Islamic tradition to their management under various rulers, including the Mughals and the British. The study highlights the significant role of mutawallis (trustees) in the administration of Wakfs and the challenges faced during the British colonial period, particularly the mismanagement and encroachment of Wakf properties. The article examines key legislative measures, such as the Religious Endowments Act of 1863 and the Mussalman Wakf Act of 1923, which aimed to regulate Wakf administration but often fell short of ensuring proper management. The research also explores the impact of British policies on Wakf properties, the role of local and central Wakf boards, and the judicial interventions that shaped the legal framework for Wakf administration in India. The study concludes with an analysis of the Wakf Act of 1954, which brought uniformity to Wakf administration across India, and highlights the ongoing challenges of encroachment and mismanagement of Wakf properties.
‘Wakf’ or habs is an Arabic word which literally means “detention, to prevent, restrain”. In Islamic concept it connotes the tying up of property of a third person.The origin of Wakf is to be sought in the strongly marked impulse to charitable deeds which is characteristics of Islam. The Quran contains no specific provision concerning Wakf, but it abounds injunctions in the matter of charity. Further the Wakf is defined as a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists.
The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif.Historically, the origin of Wakf is traced to the tradition of the Prophet Muhammad.
The earliest description of Wakf, created in India during the reign of Mahmud of Ghore probably between AD 1185-1195 is found in the Insha-i-Mahru, written by Aynul Mulk Multani who was an officer during the times of Jalahuddin Khilji (AD 1290-96). Evidence of the existence of Wakfs during later periods is found in many historical books and documents. Sultan Mohammad bin Tughlaq appointed Ibn Battuta, the famous Morocco traveller, as the mutawalli of Wakf in favour of the tomb of Sultan Qutbuddin Mubarak Shah.The Tarikh-e-Ferozshahi establishes the existence of a large number of Wakfs during the time of Sultan Alauddin Khilji (AD 1293-1316). Evidence relating to the existence of Wakfs during the Mughal period abounds and many of these kind Wakfs are in existence eventoday.
This research article attempts to focus the real condition of Wakf administration in India during the British Rule.
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The trustee of a Wakf or a religious building, Mutawalli is an Arabic word which means one entrusted withsomething.
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The Bombay Act of (Wakf) 1935, added a new part III “Power of the Court to call for particulars and statement of Accounts from Mutawallis. In rest of the country, however, courts had no suchpowers.
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